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Bank guarantee


It is very frequent in practice that the deferred price of a real estate purchase is guaranteed by bank guarantee, for the security offered to the seller; And by the cost savings for the buyer, compared to the costs of the mortgage guarantee or express resolution condition, as both entail the payment of notary, registry and fiscal expenses.


The bank guarantee, or bank guarantee to first demand, is a guarantee that is constituted autonomously to the main obligation, as a separate and autonomous contract but linked to it through the fulfilment or non-fulfilment of the obligation to pay the main contract. The bank guarantee may cover all or part of the principal debt, but not beyond its limit.


With the Banking Guarantee, a bank agrees to pay a sum of money at the same time as the beneficiary of the guarantee claims it, under the terms set in the guarantee. Once certain formal requirements have been met, such as the presentation of a written request accompanied by certain documents, the bank cannot discuss or avoid payment. This way, the fulfilment of the payment obligation will not depend on the obligor since in the case of non-compliance the guarantee is executed directly.


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