I gave money for the purchase of a house on a plan that was never built. Do I have any option to recover it? (Consultation of Fernando Pérez)
Responds Ferran Font, director of the Cabinet Studies of Pisos.com
Of course there is an option to recover the money delivered. Buying a home on a plan has advantages, such as a more adjusted price and the possibility of personalizing the property, making changes as work progresses. However, this type of purchase also it carries risks, as the lack of viability of the real estate and that has no ability to meet the agreed, one of the main concerns of buyers.
For this reason, there are two types of guarantee that protect buyers of a house that is not yet built. If for any reason the construction is not completed, the promoters must guarantee the return of the amounts delivered, in addition to the interest through insurance or guarantee. Second, the money delivered must be deposited in a separate account that can only be used for aspects related to that particular construction.
If you find yourself in this situation, you have to claim the amounts judicially, since since December 2016, thanks to a judgment of Supreme Court, the banking entities where the deposit was made, must return the money, regardless of whether the promoter complied or not with the requirements of constitution of the guarantees on the amounts paid on account.