High Court in Málaga fails against two banks as they should know that AIFOS was selling apartments off plan.

February 21, 2020

In a ruling dated December 2018 but notified yesterday, the Provincial Court dismissed the resources of the entities that alleged to ignore the AIFOS business.

Thus, it condemns to return the sum of 71,000.00 euros to two Britons who had acquired an apartment from AIFOS for residential use, mostly paid for bills of exchange issued by the developer and entered monthly in the bank.

The Court, in this matter defended by Ley 57 Abogados,  considers that “it is unlikely that, knowing“ (the financial entity ”that“ Aifos ”was a company dedicated to real estate development, it was unaware that the effects accepted by individuals, which was generally discounting, they responded to amounts delivered on account for the purchase of homes that were being promoted by said merchant.In greater abundance, both defendants – held significant credits against the Promoter in the bankruptcy proceedings, so they had a relationship with it that does not make credible the ignorance of the origin of the amounts entered in their accounts.For all the above, the defendant knew, or should know, that the income was for the sale of homes in promotion and, therefore, had to open the special and separate account provided by law, demanding from the account holder the guarantee provided by art Article 1 of the Law 57/1968. He did not do so and therefore must respond to the plaintiffs. ”

The forcefulness of the sentence clashes with the arguments of the entities that usually, at the judicial headquarters, state that they are unaware that AIFOS sold apartments under construction as the main activity, and that thousands of euros from buyers were received in their accounts, without many times receiving them It will guarantee the anticipated.

We must remember from the SOS Vivienda Platform (Tlf. Free 900 64 92 90) that those affected by undeliverable apartments of different developers, who had not initiated their claim, take the risk that this route, unique to recover their money, expires in October of this year.

¡Llama a nuestro teléfono gratuito 900 64 92 90!

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