Abolex Abogados. Abolex Lawyers

The Provincial Court of Cádiz sentences three banks to return the amounts paid on account by a buyer of “Inmobiliaria Amuerga” (Grupo Jale)

Good news for our client.

In a new success of Abolex Abogados, the 8th section of the Provincial Court of Cádiz has issued a sentence that, confirming the one issued by the 4th Court of First Instance of Jerez de la Frontera, condemns BBVA, Banco Santander and Banco Sabadell to return to our client the amounts they delivered for the purchase of a house in “Residencial San Mateo”, in Jerez de la Frontera.

Despite the fact that no bank guarantee has been issued in its favour and that there is no line of credit to guarantee the amounts paid on account by the purchasers of the developer, the Provincial Court has followed the criteria defended by Abolex, making the banks into which the purchaser’s payments were made responsible for returning these funds, together with interest and legal costs.

The basis of the ruling is that the banks had to verify that these payments from our client were duly guaranteed by a guarantee or surety. In the absence of this guarantee, the banks are responsible and must assume, ten years later, the reimbursement of such amounts to our client.

The defence of the institutions alleged to the extent that they were unaware of the origin of said income, although the Provincial Court, following the jurisprudential criteria of our Supreme Court, has understood that they could and should have known that these payments were covered by Law 57/68 and, therefore, should have been guaranteed.

In addition, the banks must compensate the buyer with interest on the amounts delivered since the dates of the respective deliveries (more than ten years ago), as well as the costs of the proceedings.

Abolex is a firm specialized in claims against banks for amounts delivered on account by home buyers and in claims for land clauses, and operates throughout Spain.



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