Reply To: Bank Guarantee expiry date – Supreme Court resolution

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#78481
Anonymous
Participant

@spanishlawyer wrote:

I’m taking the opportunity to recommend the use of the criminal jurisdiction against the developers rather than the civil way, it is more effective. Selling or building houses in Spain without building permission or banks guarantees could be considered an offence. Fraud, swindle and misappropriation, I think everybody knows the meaning of this words. Our Criminal Code also states other offences like misleading advertising.

We instructed an abogado to take our case to the civil court. Against our instructions they passed our case to a different abogado who took it via the criminal route. It was rejected three times, although our case was described as ‘watertight’. We did not have a Habitation Certificate then (2005) and we still do not have one now. It cost us a lot of money, time and anguish. We certainly wouldn’t recommend the criminal court route.