Post by account_disabled on Mar 4, 2024 23:55:26 GMT -5
The rule states that the funds intended for the payment of the advance payment for homes under construction must be deposited in an account separate from any other type of funds.
Cajamar must pay the 34,200 euros, plus interest accrued for 16 years, that a buyer paid for a home that was never delivered, given that the developer entered bankruptcy. The Fax Lists Court of First Instance number 3 of Malaga has determined that the entity is responsible for dealing with that amount because it did not require the company to deposit the funds received, as an advance on the price of homes under construction, into a special and separate account that included the necessary guarantees .
The plaintiff paid 34,200 euros for an unbuilt home that he was going to use as his first residence . The promoter never delivered it and acknowledged the breach of its obligations. The plaintiff pointed out that the banking entity is responsible for admitting buyers' income into an account of the developer without requiring the developer to comply with its obligation to guarantee it. Cajamar, for its part, alleged that it did not know and could not know the nature and destination of the income made in its accounts.
Law 57/68 establishes that legal entities “that promote the construction of housing that intend to obtain payments of money from the assignees before starting construction or during it must guarantee” the return of the money in the event that it is not carried out. I finish it . Along these lines, the rule also states that these funds must be deposited in a special account, separated from any other type of funds belonging to the developer and which can only be used for services derived from the construction of the homes . To open these accounts, the bank, under its responsibility, will require the necessary guarantee.
Cajamar must pay the 34,200 euros, plus interest accrued for 16 years, that a buyer paid for a home that was never delivered, given that the developer entered bankruptcy. The Fax Lists Court of First Instance number 3 of Malaga has determined that the entity is responsible for dealing with that amount because it did not require the company to deposit the funds received, as an advance on the price of homes under construction, into a special and separate account that included the necessary guarantees .
The plaintiff paid 34,200 euros for an unbuilt home that he was going to use as his first residence . The promoter never delivered it and acknowledged the breach of its obligations. The plaintiff pointed out that the banking entity is responsible for admitting buyers' income into an account of the developer without requiring the developer to comply with its obligation to guarantee it. Cajamar, for its part, alleged that it did not know and could not know the nature and destination of the income made in its accounts.
Law 57/68 establishes that legal entities “that promote the construction of housing that intend to obtain payments of money from the assignees before starting construction or during it must guarantee” the return of the money in the event that it is not carried out. I finish it . Along these lines, the rule also states that these funds must be deposited in a special account, separated from any other type of funds belonging to the developer and which can only be used for services derived from the construction of the homes . To open these accounts, the bank, under its responsibility, will require the necessary guarantee.