General bank guarantees case won at the Supreme Court
We have very good news because we are the 1st Law Firm to win a case for off-plan property buyers who only had general bank guarantees at the Supreme Court in Spain.
The Judgement won is for clients who bought a property to Herrada del Tollo-Santa Ana del Monte Jumilla.
TRIBUNAL SUPREMO-SALA DE LO CIVIL-PLENO
Sentencia (Judgement) nº 322/2015.
Date of: 23/9/2015
Appeal nº. 2779/2013
Decision date: 20/05/2015
We won the case for our clients at 1st Instance Court and at the Provincial Court in Alicante (Appeal Court), but bank BBVA, bank BANCO POPULAR and SGR placed an appeal before the Supreme Court.
Their appeal has been rejected because according to Act 57/1968 the deposits paid by property buyers have to be guaranteed even if there is no individual bank guarantee.
This Judgement sets a precedent for all the property buyers who didn’t receive an individual bank guarantee.
Furthermore, this Judgement has been delivered by all the president Judges of the Supreme Court (Pleno), so changes about their criteria are not expected.
This is encouraging news because all of you who won at the Provincial Court (Appeal Court), but your case was appealed to the Supreme Court have now more chances than ever to win at the Supreme Court too.
This Judgement sets a precedent and any off-plan property buyer who though that had lost his/her deposits has now more chances to claim them to the bank which issued general bank guarantees for the development.
Congratulations to all of our clients!