The problem with most cases of people wanting to claim on their Bank Guarantee is that they want to do so because the property does not have all legal docs. in place, such as an approved Building Licence or an LFO. Unfortunately they are put in the awful position by certain judges of being ordered to complete regardless.
Something Lee G wrote on his “Catral property questions” brings home the dangers of completing in the above scenario:
@lee G wrote:
We have been reliably informed, that some builders have done substandard work and part of being made legal involves a building inspection where faults will have to be rectified. This can include foundations needing underpinning to a house rewire. And the home owners are the ones liable for paying all costs to rectify the problems.
Without the LFO (which means the building has not yet been inspected by the Town Hall to their satisfaction) you are laying yourself open to future costs.
If it was me, if there is no LFO, I would not complete and would take the chance of claiming on the Bank Guarantee. The law is supposed to be on your side in this situation.
Re. those without a Bank Guarantee, I am yet to hear of a single case where a developer is penalised for not issuing one despite it being law that they must do so. When the subject is brought up in court the judges attitude seems to be “Well the building got built so you don’t need one now anyway”.
Spain has a lot to address to make their country appear to be a lawful society, and its judges are not helping.