View Full Version : Recovering our Deposit from Developer San Jose

06-10-2009, 08:28 PM
Hello We have been waiting to complete for 5 years now, the builder San Jose has been in administration for over 1 year. Our bank guarantee for 80000 euro is out of date for about 3 years now as the builder refused to renew, just promises but we never got them. We know that our only chance of recovering our money is through the bank guarantee but our lawyer says it is now void. We are so afraid of the further cost to pursue this, do you think we could recover our money. Any advice would be so much appreciated.

06-12-2009, 12:49 PM
I donít agree with your lawyer entirely as bank guarantees are valid until the license of occupancy is granted, if we take the wording of the 1968 Act literally and numerous court rulings which conform our case law in the matter. I therefore donít see any problem in the expiration of the validity time (we apply the 15 year statutory time limit for civil cases).

There is a second issue here as you will need to start a Court procedure within the judicial administration process in order to request the judge to recognize the validity of the bank guarantee and further enforce it.

I share with you your fear of increasing legal costs but 80,000 Euros is a very substantial amount which you are entitled to get back, with interest, due to the developer not complying with their part of the contract (when you did). In addition to this legal action will also request that costs are awarded and that you therefore walk away without having to pay costs.

If you have not yet joined the administration our opinion is that you should do this as soon as possible and then open a new case requesting the above 2 actions (recognition and enforcement).

If you have further queries feel free to write to us.

12-08-2009, 10:19 AM
We are in the same situation we too were told by a lawyer, we could not execute an out of date BG to add to this our original BG was "lost" by either the bank,lawyer, agent or developer.
However we did some searching on sites like this and found that indeed it was still legal even though it is a photocopy and although it is easier to have the original it is not necessary. So off to the Notary we went we have had our copy notarised and it now becomes the original, dont despair get someone who can do the work ours is for 65000 euros it has been taken to SGR in Alicante for them "to look at the documents" we have instructed our Laywer on what we will accept and if they dont want to do this we will take them to court for the full 4years interest + legal fees non negotiable, a note on this as they have set a presidence in that they paid friends the money + 3% if they dropped the case. I will keep you up to date we have been told to expect a decision by the end of December why we have to wait I dont know delaying tactics I'm sure BUT we will not stop our fight thanks to SJ we now live in Spain and will fight to the end

12-10-2009, 05:14 PM

Do keep me posted, it is not easy but hopefully you should be able to get a positive result by the end of the month, as you have been told.


12-19-2012, 06:08 PM
Hi all,
As I see that many of you had problems with the deposits you gave to Herrada-San Jose, I must say that my lawyer in Spain won my case regarding the guarantees. As most of you, we didn't have any individual guarantees to our name, they were just general guarantees.
I know that every client has the same right as me so I asumme that you can recover this back too.
We won against the banks Banco Pastor, BBVA and SGR and they already paid our guarantees back.
I am really happy with the work done so if any of you looks for any legal assistance I can give you my lawyers email address or if you have questions you can write to me.

I hope that everyone can be as lucky as me


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