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March 13, 2020

The court of first instance number 5 in Jerez orders BBVA to return the money entered by the plaintiffs’ father, who died without seeing the finished apartment.

The father and husband of the plaintiffs, signed with PROINMODECOR S.L. a house purchase contract for its construction on February 25, 2005. Well, the house, which would have been his habitual residence and that of his family, should have been delivered in May 2006, which did not happen.

Since then, there have been several attempts to recover the money, the bank would have received funds destined to the construction of houses, so it was obliged to demand from the developer the guarantee or insurance that would guarantee the return to the buyers of the amounts paid on account in the framework of said promotion. This guarantee or insurance, however, would not have been constituted or delivered to the buyer, which would have the effect of giving rise to the responsibility of the financial entity, which should have required the delivery of the guarantee or individual insurance in favor of the buyers in question, when receiving amounts on account for housing construction, in the special bank account.

In this case, defended by Ley  57 Abogados, coordinator of the SOS VIVIENDA platform ( Free call to  900 64 92 90), the plaintiffs therefore demanded that BBVA pay the amounts paid in advance for the sale of the aforementioned home, and that they were paid in that entity. And this, in attention to the breach by the banking entity of its legal obligations established in the law 57/1968.

Therefore, in application of such rule and the jurisprudence of the Supreme Court, condemns the financial institution to pay, the heirs of the buyer, of the 11,258.89 euros advanced by his father and husband, plus the legal interests from each of the payments.

The SOS VIVIENDA and Ley 57´s  Lawyers  remind that this type of matter will prescribe in October of this year if the affected families do not claim reliably before, while the number of people who have not started this process is still very high, being able to do so.

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