Housing cooperatives

The Supreme Court (TS) has rejected the appeal of a woman who claimed from Bankia, now Caixabank, the refund of the money she had advanced to buy a home in a cooperative . The buyer had left the project because she was unemployed and could not afford the purchase , but that circumstance was not enough to demand the bank to refund the money.

The woman had signed a contract to acquire a protected home and a garage . After making the contributions, she requested the voluntary withdrawal in February 2014. She explained that her economic circumstances had changed, that she was receiving unemployment benefits and that it was unfeasible to proceed with the purchase. As the cooperative did not refund her the amounts, she decided to claim them from the bank, which had intervened as a guarantor and as a receiver of payments.

At first, the court granted him the reason and condemned Bankia to return the money with interest. However, the Provincial Court revoked that decision. The buyer then went to the TS to try to recover what was contributed.

The key, according to the TS, is to distinguish two situations, that the promotion fails or that the buyer has to withdraw due to personal problems. The protection of L 57/1968 allows claiming from the bank when the conditions related to the construction not starting or not being completed within the agreed timeframe are met. In this case, the non-compliance of the promoter necessary to demand that responsibility was not proven.

Furthermore, the assigned housing belonged to the first phase of the promotion, which was indeed built. The phase that was not built was the second one. For this reason, the TS rejects that the appeal is based on the housing not being finished on time, that assertion did not fit with the facts of the case nor with the economic reason that had led the buyer to withdraw. Ultimately, the TS maintains the rejection of the claim against the bank, both as guarantor and as recipient of the advances.

In situations of controversy related to housing cooperatives, our professionals can advise you in defending your interests.