Claims against Banks in off plan projects

Costa Luz Lawyers > Claims against Banks in off plan projects

We are not a new firm or service launched on the back of the recent LEY 57/1968 Supreme Court Sentences.  We began research into the liability of off-plan property developer’s banks in 2008 and filed our first Lawsuit against an off-plan property developer’s bank in 2011, which was won with a landmark sentence in 2012.

We get asked a lot of questions about reclaiming off plan Spanish property deposits, here are some of the most commonly asked questions:

What am I entitled to claim back?

You can claim all amounts paid off plan, plus legal interest normally from the dates you paid to the developer’s bank account.  Legal costs may also be recoverable in some cases.

Are banks actually paying this money back?

Yes, they are. Banks are solvent entities that must comply with the law.  All banks with a firm court decision against them are refunding the claimants. Even if the developer’s bank no longer exists, action is still possible against the bank that has taken it over.

How safe is this action?

The Spanish Supreme Court has already interpreted the full text of LEY 57/1968 in favour of buyers/consumers, so the success rate is very high.

How liable are Spanish banks?

A recent supreme court ruling in September of 2016 has paved the way for further liabilities.

Does this apply if I bought more than one house?

It does, as long as you didn’t do so as part of your professional trade. It also applies if the contract mentioned these guarantees explicitly to secure the success of the business.

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