Claim back your 25,000 euro deposit - Legal Aid

Questioner

In December 2012 I made a down payment of 25,000 euros for the realization of an apartment. There have been several problems in recent years. First the neighbor who was against the construction, then the contractor went bankrupt, then the bank seized the BV of the company to which I made the down payment. And last October the building where the apartment is being built was sold privately (it was on an auction site). Now my question is, can I get the 25,000 euros back somewhere? The new owner does not have it, the old owner says that the bank only has access to the funds of the BV and that he therefore cannot get them. The bank tells me that it is not in my name and therefore cannot do anything for me. Have I lost the 25,000 euros or can I reclaim it. The BV has not yet been declared bankrupt. Thanks in advance for the answers.

Lawyer

It is possible to file a claim against the contractor. As long as this contractor has not been declared bankrupt, the claim can be filed with the contractor. If the contractor is bankrupt, the claim must be filed with the trustee. If the bankruptcy is settled without problems, the money is probably gone. But if there is also negligent management, a claim can still be made for recovery from the director in the case of a BV. If you would like further help and/or advice, please feel free to contact me.

Lawyer

In order to properly assess whether and, if so, from whom you can reclaim the payment, I would need to see the agreements so that I can determine exactly what agreements were made. As you describe it, I assume for now that you have concluded a purchase/construction agreement with the BV. The BV must then conclude an agreement with the contractor. It is also possible that you have contracted directly with the contractor. In both cases, it must then be determined what you paid the €25,000.00 for (for the purchase of the apartment or for the construction?) and from whom the amount can be reclaimed. If desired, I am happy to advise you further in this matter and, if necessary, to assist you. Please feel free to contact me without obligation and free of charge if you have any questions or would like to discuss the possibilities and costs of legal assistance.