If you never got a Bank garantee...

The 57/1968 Act, (The Law that rules the money invested off-plan) says that the Bank will ask for hte Bank Garantee under his responsability. In the past this item in the Law made possible to recover the money from the Bank even with no Bank Garantee. Málaga´s High Court never decided on favour of the buyer in cases like this. Only a minority of Judges did it. Unfortunatly, the Supreme Court, ruled that this responsability only affects to the Developer, not to the Bank, so this makes this way very risky to lose the case and pay legal fees. (Verdict 25/2013 Supreme Court, Febrary 5th 2013): "Not applicable condemns the Bank..., as the obligation ordered in Law 57/1968 is to put the money into an special account (item 1.2), but the Law does not obligate them to care about if the Developer gives the Bank Garantee (to the clients)" Several lawyers in internet are searching for new cases to go against the Bank without Bank Garantee. Before starting this way please be sure to considerate the risk of losing the case and increasing your lost with Legal Fees.