Originally Posted by
Unregistered
Dear Sirs
I am not all that clued up on the legalities of these bank guarantees and how does they really operate in the favour of the buyer when clearly they did me NO good when the crunch came. My property was delayed on delivery by 6 months by the builder to March-2009. But March-2009 came and went and there was no news from any parties including my lawyer or the builder that when will the property will be delivered. I was under the impression that I could with my lawyers’ help would be able to enforce my bank guarantee soon after March-2009. But I was told NO it’s at the discretion of the Bank or Judge or whatever - I don’t quite know what legal argument on this is. Anyway as far I was concerned the bank guarantee did me no good or my laywer for that matter.
Even though the property was completed Nov-2009 but not having a licence of habitation I should have been entitled to make a claim on the bank guarantee. But alas I was told NO; I must cancel the contract and Litigate. This is the only option.
So why the bias of buying in Spain is weighs towards the builder when things go wrong and it’s the buyer who has to do all the hard work of fighting for his rights and paying for in many ways - financially, emotionally, and endless stressfully.
So my plea is this that I ask humbly to our dear Spanish Lawyers please do not abandon us in this needy times of making claims on breached contracts and help to restore our faith in Spain and its legal systems.
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