Off-plan property case won by CostaLuz Lawyers-DeCastro for a property in ‘Calas del Pinar’ from the developer Peinsa 97 SL

Case won by Costaluz Lawyers-DeCastro in Peinsa 97, SL development “Complejo residential Calas del Pinar”, Pulpí, Almeria.

Banco Santander S.A, has been condemned to return to the claimant € 103,493.54 plus the legal interest ( 4%-5% annual) from the dates payments were made to Peinsa.
The Bank attempted to avoid its liability by stating that the claimants were speculators and not buyers of first or second home for them or their families. This fact was not sufficiently proven, as burden of proof is against the Bank in these cases, and therefore the decision concludes that Law 57/68 is applicable.

The Bank’s responsibility is derived, as established in the Supreme Court’s Judgment of December 21, 2015, of the duty of vigilance that weighs on credit institutions that admit deposit of buyers in a developer’s account without requiring the opening of a special account and the corresponding guarantee. That is, even if it is not a guarantor or has a special account open to the promoter.

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