LEY 57/68-New appeal case won against BBVA and SGR for off-plan property buyers of Herrada del Tollo (Residencial Santa Ana del Monte-Jumilla)
We just informed our client, who paid a deposit for a property in Residencial Santa Ana del Monte (Herrada del Tollo). We won the case at 1st Instance Court in Alicante and now it has been confirmed by the Provincial Court (Appeal Court) in Alicante.
The Judgement says that: “The amounts to be guaranteed according with Ley 57/68 are all the amounts paid in advance by the buyer; amounts deposited in a bank account, special bank account or not, established between the developer-vendor and the bank as the account linked to the guarantee facility”.
“According to the principle of non-waiver of the buyer’s rights, established by Ley 57/68, the obligation of paying the deposits to a special account as a condition for having the deposits guaranteed cannot be imposed on the buyer.”
We expected this result after the Judgement delivered in our favour by the Spanish Supreme Court.
This is another success for Cc Lawyers and our clients.
We have won all the cases for off-plan property buyers of Herrada del Tollo so far, and now, after receiving the Supreme Court Judgement we hope to keep it that way.