The courts have determined that these amounts can be recovered, either through the insurance company or the bank, which had the account of said promoter
The steps to follow are:
– When can I get my money back?
When you bought a house from a developer and did not give it to you.
– If the developer has gone bankrupt, who gives me back the money?
There are two options according to the first article of the law 57/1968
The promoter has to guarantee the delivery quantities, through an insurance contract or guarantee through a bank.
The bank must ensure that the developer opens a separate account of any other type of funds belonging to the developer, and demand the guarantee mentioned in the previous point.
In the purchase of homes under construction, we have to remember that the law 57/1968, of July 27, on receipt of anticipated amounts in the construction and sale of homes forced the promoters to guarantee the return of the amounts delivered on account , by the buyers, with an insurance or bank guarantee, since that money will be deposited in a special account that was only used for the construction of the houses.
PURCHASE WITHOUT GUARANTEE OR INSURANCE: BANK’S RESPONSIBILITY
There are multiple judgments of our courts, which state that in the case of a consumer who entered the money, on account of the price of the purchase of the home, in a bank account in the name of the developer, without special account, it is the bank’s responsibility refund of said amounts.
The promoter did not provide a bank guarantee or insurance to guarantee the return of that money, in case of work stoppage or lack of delivery within the term established in the sales contract.
Even so, it is the developer’s bank that must respond for its negligence when collaborating with a promoter that does not comply with the law.
If you want more information because you are considering initiating a lawsuit against your bank, our free on-line consultation service: tell us your case and one of our expert lawyers will study the viability and possibilities of the same, without any commitment and form free
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