Legal tip 347. Case won against POLARIS´ guarantor
22 September 2010 @ 11:47
Lawsuit submitted in February 2010 against HYPO REAL ESTATE BANK INTERNATIONAL for the execution of a Bank Guarantee granted according to Law 57/68 for the refund of deposits paid in Terrazas de la Torre, developed by the Polaris company, Hacienda Verde SL.
Our joy is today for two reasons: firstly, becuase our clients has been granted a decission in his favour for the refund of full deposit, plus legal interests plus legal costs ( Court decission dated the 20th of September 2010: in 7 months time)
and secondly, because the Judge takes the oportunity to critricize the terms of the Polaris contract, ( we have never heard that before from a Judge) considering it is an "adhesion contract", where the buyer has had no option, no agreement intervention and that has been completely left to the will of the developer.
It is also intersting because Polaris Guarantees were specially difficult/ if not impossible to execute due to lack of clear completion deadlines. This lucid Judge has been wise enough to admitt how we jumped over the trap and requested the execution of the Guarantee.
Good for the Judge again today! Goof for fair- wise application of Consumers Law!
Maria
La Barrosa, Cádiz, by Roberto Pecino at Flickr.com
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