The seven keys of the decree-law of return of the clauses ground
Holidaydream Real Estate news
The text details how the bank should pay, how it will tax the amount or who will supervise
The text agreed by the Government, PSOE and Citizens establishes the obligation of the bank to notify those clients with floor clause that a free extrajudicial negotiation mechanism is opened.
Entity and client have a maximum of three months to reach an agreement, including a period of 15 days for the client to value the offer made by the bank.
Way to pay
The agreed formula prioritizes that, in case of an agreement to refund the amount collected, a cash refund is made but the door is left open for the parties to agree on another modality, such as the reduction of outstanding contributions.
The money recovered by those affected by the extrajudicial or litigating way, will be exempt from tax by IRPF. Yes they will have to regularize the expenses that were deducted in its day, but will not be imposed any surcharge for doing now.
If the bank considers that the customer does not have the right to any return, or if the offerer is not happy with the individual, the latter will have the right to go to court.
If the judge imposes a compensation higher than the one offered by the bank in the extrajudicial way, it can charge the entity the costs of the trial.
A monitoring and control body for the out-of-court mechanism will be formed, in which user associations and advocacy will be represented.