Reply To: How the Portuguese deal with complaints



You ended your post on Sunday 6th October (@8.06pm) by saying:

the corruption, injustice, etc. concepts are very complex concepts.

All i am asking is how are these complex concepts?

With regard to bank guarantees, of course a build can take several years, but that isn’t the issue, your own law states that the bg must be issued at no cost to the buyer.

Yes, there is a cost to a bg, that is part of the pricing structure of the development.

For many years off plan Spanish property has been marketed as a ‘safe’ way to purchase because of the laws passed by your country, which state that a bg HAS to be issued, that ALL the buyers payments are paid into a ‘ring fenced’ account so that in the event of the developer going bust, the buyers will get their money back + interest.

It is clear now that developers & banks have conspired together to screw the buyers. Even where there is a bg, banks are refusing to pay out because the developer owes the bank, & they want their money first, in breach of your laws.

Should the developer choose not to issue a bg, he doesn’t sell the property for less money & he is breaking Spanish law.

It isn’t a question of a buyer choosing not to have a bg, or to pay for it themselves in return for a ‘better deal’, the bg HAS to be issued. No buyer that I am aware of would EVER deliberately choose not to have a bg. Even the most unaware buyer would realise something is wrong if asked to pay for a bg. Those who now find that they haven’t got one have been lied to by their lawyers/agents, or didn’t realise they should have one, again lied to by their agents.

Your own law states that a buyer doesn’t pay the final payment until the LFO is issued, that will only be issued once the building is finished & everything is legal. A court has just ordered buyers to make their final payment even though no LFO because the development is illegal, because it is unfair to penalise the developer! Justice in Spain today!