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Case law commentary

Off-plan housing 2025: the bank guarantee is not limited by the formal cap stated in the document

Commentary on Supreme Court judgment 797/2025 regarding the scope of bank guarantees covering advance payments for homes under construction.

The Supreme Court again emphasises the protection of the off-plan buyer and confirms that the guarantee may extend to all advance payments linked to the contract.

Practical points

  • Buyer protection does not depend solely on the formal cap of the guarantee.
  • Case law continues to favour effective protection of the purchaser.
  • This is highly relevant in banking and consumer claims.

If your matter is close to the situation examined in this decision, it is worth reviewing the facts, the available documentation and the applicable case law in detail before taking any further step.