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Claims against Banks in off plan projects

Costa Luz Lawyers > Claims against Banks in off plan projects

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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“Hi Maria, I’d like to say thank you to you and your team on winning the court case for El Patio. All of your staff were very polite and spoke very good English. Your company is a credit to your country especially with everything going on around the world at the minute. All the best

Roger Woodall”

“I am extremely happy with the service I have received from Manuel Guerrero who has successfully managed to cancel my time-share contract which I have been struggling to do for many years. He kept me fully aware of everything that was happening and managed to conclude the work required very quickly. I would recommend this Spanish law firm to anyone, they have been brilliant.

Dawn Lyndon

I cannot praise Maria and her team highly enough. After being misinformed by the builders representatives and legal people it was very reassuring to speak to Maria and very pleased with the successful outcome.

Nigel Dix

“We want to let everyone know how the lawyers at the Costaluz Lawyers – have really saved us! We bought an off-plan property on the Costa Blanca several years ago. As everything changed, and the developer didn´t do his part we had to make a breach of our contract. We really hoped that we would be able to get our money back which we had payed the company for the property. We were really not at all sure that it would happen. We saw some recommendation of the Costaluz Lawyers here on the Eye-on-Spain site and decided to talk to them about our trouble. To make a long story short, they really, really came through for us. We did not only get our money back – all of it, we got the interests and costs as well! We can´t say it often enough – but THANK YOU – COSTALUZ LAWYERS. We are ever so grateful. You did a fabulous job and we want you to know that we really, really appreciate your efforts which was a success! Best wishes from us,

Bergur Gunnarson

We decided to buy a villa off plan in Spain, and all was going well until it was discovered the builder did not have permission and as it turned out the bank did not honour their obligation of a bank guarantee either. We started to think that this was another example of unscrupulous developers and banks purposely cheating us out of our deposit. We had the support of Keith Rule who formed FPAG and enlisted Mari­a Luisa De Castro of Costa Luz Lawyers who worked so tirelessly on the case…”

Terry Sharp

“Are there a stronger words than thank you from the bottom of our hearts to both Keith and dear Maria. Getting our deposit returned is a great achievement and to us, my Wife (Shirley) and myself it is of so much importance. Best wishes to all who have been involved. Kind regards,

Shirley and Tony Bartlett

“Maria and Jaime have shown nothing but professionalism and enormous enthusiasm in their litigation against Cam Bank. They were employed by a Consortium of approximately 60 members to retrieve their Bank Guarantees from the above following the failure of the Finca Parcs Project. This they achieved and both myself and Linda will be eternally grateful for their efforts. Regards,

Paul and Linda Williams

“I would like to take this opportunity to thank Costa Luz Lawyers for all the hard work they have done for us and getting a good result in the end. We never thought we would see the day when we would get our deposit back which we put down for 2 houses at Fina Parces in 2006, but there it is in black and white. Thank you once again. What can we say about Keith Rule what we have not said already, not only is he professional in the work he has done for us, but he is so helpful and kind no one else could or would have given us the help he has, but not only that he is so genuine with it. Thanks again Keith. See you all at the party were we can Thank you all personally. Kind regards

Jim and Carole Bates

“We would like to give a big thank you to Maria and staff for getting us our refund of our deposit from the Corvera development. We were on Phase 3 and with no house being built we asked Costaluz Lawyers to look at getting our deposit back from the developer. We know it takes time ,however the result was perfect and we received our Money shortly after the decision was granted in our favour. We are pleased to pass on our recommendations to use Costaluz Lawyers for anyone looking for a hard working team to help with any Legal issue you may have.

David and Lorna Kelly

I trust you are fit and well. Many thanks for your dedication to this whole task and for your tenacity to the very end, I’ve said it a few times before and I’ll never tire of saying it – I really really appreciate it Thank You!! Best Regards,

John Turner

None if this would ever have been possible without your commitment and passion and I thank you very much. Kindest regards

Shani Payne

would like to thank Maria and her team for getting a positive result of my request for Dation (HBKeys). I had nearly given up hope as it had been a couple of years but I would urge anyone not to give up hope as it does take a while and patience is all that is needed.

Isabella

We used Costa de Luz lawyers to negotiate with our bank to take back our property in Spain and cancel the mortgage. Whilst due to the banking and legal process in Spain this was protracted , eventually due to the efforts of Costa de Luz we got our wishes. We found Costa de Luz to be very genuine and are indebted to them in helping resolve our issue

Alex Murray

Many thanks to Maria and her team. They helped us reach a fantastic settlement with our Spanish bank with regard to our property in Spain. I thoroughly researched solicitors in Spain before hiring Maria. I studied one of her previous cases in particular before hiring CostaLuz. Other solicitors had failed. Maria took on that very same case. This time with her know how and knowledge of Spanish property law, the court came down on the side of the property owner and not the bank. I can whole heartedly recommended Maria and her team at Costaluz.

Richard

Dear Maria L de Castro I would like to recommend this firm of Spanish Lawyers to anyone who is struggling with a mortgage or property in Spain they helped us resolve our problem with our mortgage/property in Spain which we could never of done ourselves. So to all the staff who dealt with us thank you very much.

Wendy & Gary

would like to say a big Thank You to Maria and her team for negotiating with our bank on our behalf regarding the settlement of our mortgage with them. We were tied into the banks clauses after purchasing an apartment in 2007 just before the global financial crises and found ourselves with escalating mortgage interest rates, diminishing tourist and rental opportunities and a property that was worth 50% less than the purchase price had been. The situation was financially untenable and we thought we would be well past retirement before the economy gets back to anywhere near the booming pre 2007 years.

Vicky and Glenn Stride

My wife and I would like to express our thanks for an excellent and extremely professional service. We have already passed on your details to some friends of ours. Regards

Laurence OToole

“We discovered Costaluz Lawyers through the website Eye On Spain when the purchase of an ealier off-plan property failed to materialize. Our previous experience with lawyers both in the United Kingdom and Marbella had been fraught with difficulty. We committed the cardinal mistake, using law-firms recommended by the Promoters and Developer. All channels of communication were ignored, e-mails were rarely answered, we received no useful advice, and we never had confidence that our interestswere being protected. After four years and hundreds of e-mails, we achievednothing;Â and yet the cost to us personally was enormous. The best decision we made, having decided to purchase another property, was to to use the conveyancing services offered by Costaluz Lawyers. Initially, we had confidence in Maria’s commitment to the highest standardsof integrity and our experience the second time around could not have been more different. Patricia, who dealt with the conveyancing, was meticulous in her work. Every e-mail was answered directly, both in terms of time and also with honesty and attention to detail. Within a few weeks, all the necessary steps had been taken, the Escritura was signed and the title deeds were registered in our name. We cannot adequately express the difference between these two experiences; but we do want to convey our sincere thanks to Patricia, Maria, and all atCostaluz who were so friendly and helpful. We discovered how important it is to find a reputable lawyer; the service we received could not have been better! We have the highest confidence in Maria, Patricia and all in the office there, and so we have no hesitation in recommending the conveyancing services of Costaluz Lawyers. With grateful thanks”

Chris & Sylvia Burgoyne

“I am very grateful to CostaLuz Solicitors, especially to Patricia Medina, who worked for me when I purchased my property in Spain. When I started considering buying a property I read and heard about problems that some people went through whilst buying in Spain (and in other countries as well) and this was worrying. Buying a property can be difficult in the UK let alone abroad! I was lucky that Costa Luz was highly recommended for their honesty and efficiency by a friend who had previously used them when they bought in Estepona. I now recommend them for the same reasons. Just to illustrate my own experience: my cash offer was accepted at the beginning of March 2010 and on the 1st April I took over the villa. I must say that the sellers were also keen to complete as soon as possible as well, but considering that I was in the UK and Patricia was working on the papers, getting my NEI and all other documentation on my behalf, completion within one month is pretty good. The only thing that did not work well that caused an unplanned trip to Spain was due to an error by the Notary in the UK in the way he sent a copy of my passport for the NEI number and POA. Within 24 hours I arrived in Algeciras, Patricia efficiently arranged all the appointments with the Notary and took me to the Police station where I quickly got the NEI, all sorted in one morning, and at such short notice. I really appreciate her work. Thank you so much.”

Dr.L. Tsanaclis (Cardiff, UK)

“We would like to say a huge big thank you to Costa Luz Lawyers team, especially Patricia, who made the purchase of our property stress free. Patricia kept us informed of what was happening and the options open to us, every step of the way, and respected our decisions. She also liased with the electric and water companies on our behalf, and organised the rewiring of the apartment, which would have been almost impossible for us to do living in England. We would highly recommend Costa Luz Lawyers if you are considering purchasing a property in Spain, and we would not hesitate to use them again should the need arise.”

Phil & Anne Evans

Diane and I are very grateful and appreceative of all your teams hard work in carrying out the conveyancing of our property purchase and of the very proffessional manner in which your services were carried.out. Many personal thanks to Mar Durio.

Diane and James

Hi Keith, I would just to say how pleased we have been with the services of Costa Luz Lawyers and in particular with the assistance that Mar Durio has given us with selling our house in Islantilla. I hope to buy another property in Spain in the future and will most certainly be giving you a call when I do. Thank you once again for the outstanding service and support.

Laurence

Keith: Lex and I cannot thank you enough for all your hard work. We owe you a huge debt of gratitude.

Alexis & Scott Baker

Thank you Keith, that’s good news, I will let you know as soon as I know when it is safely in our bank. We are so glad that you came into our lives, at the time you did. Take care,

Jim & Carole

Hi Keith We recieved the money into bank yesterday and can not thank you enough for all your hard work. Without you I am sure we would all have lost our money. Cheers!

Mick and Natalie Clifford

Hi Keith, We confirm that the refund was credited to our account earlier today. We look forward to receiving the full final statement from Costaluz Lawyers in due course. Once again, many thanks for the huge effort that you have put into FPAG and the successful result would not have happened without you. We look forward to the payments party at Milton Keynes which hopefully will happen during the next few months. Kind regards

Paul & Eileen Jackson

Hi Keith Just to let you know, we have received the money in our bank account from Costaluz Lawyers. It has been a long hard battle and without you I am sure we would not of got here, thank you so much for everything you have done for us, it is greatly appreciated, Kind Regards

Robert and Heidi Marsh

Hi Keith At last we have a chance to respond. Both myself and Vivien would like to say an enormous thank you for all that you have done to get us to this stage. Without you we would still be banging our heads against a brick wall with no chance of getting our money back. Anybody who under values what you have achieved on our behalf should be ignored or reminded where they would have been without you and the time and effort you have put in to getting us to this stage. If at any stage a reunion of all the people involved is envisaged we would like to know but would understand if you said enough was enough. With regards and immeasurable thanks.

Barry & Vivien Huffer (10.08.2014) Finca Parcs Action Group

Both Shirley and myself are more that grateful for all the hard work you put into this almost impossible task that you fought. As I advised you, we are facing a problem that we are slowly getting through, so where we are concerned the money you got us has been quite a blessing in disguise, thank you so much. We shall never forget you and that is meant from the heart. We both wish you as a family have a lovely Christmas and New Year. So much love and best wishes,

Finca Parcs Action Group

Maria and her team at Costaluz Lawyers have been fantastic at recovering not only the deposits but also expenses on the properties we tried to purchase in El Pinet,Spain. Please feel free to use this testimonial on any website you see suitable….once again many thanks….

Nigel and Jan

Dear Maria Words cannot express our thanks to you and your company for all the help and support We have received part of our money and hope to receive costs and interest soon Without your help this would not have happened It is sad to think we have had to have two previous solicitors whom didn’t act accordingly We we’re so thankful that your name was passed to us Thank you once again and hopefully we will receive the rest of our money soon Kind regards

Marilyn and Alan Harris

I have been acquainted with Maria de castro for more than 11 years while I have been fighting to have my money refunded for non completion of property. From the beginning I was sure that I would eventually receive what was mine. Her company has kept me informed at all times with updates on a regular basis. Over these 11 years I have seen Maria implement improvements in communication,giving me more confidence in a good outcome. At all times they have dealt with me with complete transparency and honesty. Communications have always been courteous. When dealing with a difficult and complex legal system I have been comforted in the knowledge that Costaluz is on my side. I would and have recommended them to friends who are buying property in Spain.

Innes Mathers

Dear Maria Just to let you know we are very grateful and really appreciate all your effort in keeping us informed re changes in Spanish law which may or may not affect us .In our experience as non resident owners it’s been an education and sadly one not to be repeated simply due to the fact we feel non residents are unfairly treated in every way e.g tax just for owning even though we do not rent ect ect , I’m sure you are aware of the saying ” Killing the goose that lays the golden egg ” Ah well such is life ! Keep up the good work . Kindest Regards

Dr & Anne Shah

My wife and I would like to express our thanks for an excellent and extremely professional service. We have already passed on your details to some friends of ours.

Laurence OToole

Diane and I are very grateful and appreceative of all your teams hard work in carrying out the conveyancing of our property purchase and of the very proffessional manner in which your services were carried.out. Many personal thanks to Mar Durio.

Diane and James

May I take this opportunity to express our thanks to all the team at CLL. We wish you all the best for in the future and hope you have further success in all the cases you have. All the best

Mr. Dave Burkill

Costaluzlawyers can not be praised highly enough! They, not only went where other lawyers feared to go, taking on the big developers, & even BIGGER banks, but WON, paving the way for others to follow suit, giving justice to the ‘little man’ for a change’. And all this was done with a high degree of customer service throughout’. Kind regards

Carl Bedward

Hi Maria I would just like to Thank you and your team again for the recovery of our deposit. We paid the deposit to San Jose in 2006 it has been a long road !! We had two solicitors before you which got us nowhere, Then I decided to give you a call , which was definitely a good decision , you were confident that you could get our money back which has proved correct ! It has been a very stressful time and I now look forward to receiving the interest back shortly . Thanks again and I know if I hadn’t contacted you I would have still not received any money back at all Very Best Regards

Mark

Many thanks to Maria L De castro and her team for their efforts and successful conclusion after many years of litigation. My advice to Maria´s existing and future clients is to stay the course, there is light at the end of the tunnel.

John Gonzalez

I had almost given up any hope of recovering my deposit for an off plan property purchase in Spain until I discovered Costa Luz lawyers. They explained the law to me and how to recover my money through the Spanish courts which is something I would never have attempted by myself. I am very grateful to them for their persistence and professionalism in guiding me through the recovery process from start to finish. Well done and thank you.

Robert G