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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 408. Cancellation of touristic apartments
07 December 2010 @ 12:22

Based on nice  principles of prohibition of "aliud pro alio" and this being a reason for contract cancellation, "nulity of contract consent due to error on the contract object" or " required clarity" of contracts, I  have had today, the great and inmense pleasure of receiving by our legal researchers a number of Court Decissions by which some of our clients who bought touristic apartments reinforce their rights for  contract cancellations of said agreements.

Main reasons exposed by said Courts ( Mallorca, Seville and Madrid) during years 2009 and 2010 are among other ones:

1. If the private contract which was used for the sale of the unit did not expressly contain clear  references to the touristic character of the apartments, clauses on expenses linked to this modality, agreements of ways of exploitation of the said apartments..;the agreement can be deemed as null and void as buyers were buying something different to what they throught were buying ( consent error)

2. Lack of precision or undetermination regarding the legal features of the contract object in the contract cannot favour the author of the the contract. So they favour the ignorant buyer.

3. A buyer cannot be compelled to buy something which legal nature is controverted or it is being challenged in Courts.

4. Both final registration of the property classification on the Tourism Regional Registry and opening license are equivalent to First Occupation Licenses in these cases.

These are the great news today. Who says our legal system is useless? I am determined to make you understand it is not.

 Mojacar by  Shehani at Flickr.com



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4 Comments

Sandra said:
08 December 2010 @ 17:32

The problem is not always the laws, it is how some judges and lawyers choose to manipulate the interpretation of them. Or choose to forget them altogether.
What is the point of the government passing all these consumer laws if they can be so easily ignored by the very people who are there to implement them?


Sandra said:
08 December 2010 @ 17:50

The problem is not always the laws, it is how some judges and lawyers choose to manipulate the interpretation of them. Or choose to forget them altogether.
What is the point of the government passing all these consumer laws if they can be so easily ignored by the very people who are there to implement them?


Malcolm said:
12 December 2010 @ 20:12

Sandra, can this same ruling be applied to other types of property - like aparthotels as well as touristic apartments?


Maria said:
13 December 2010 @ 09:35

Yes, it can be applied to aparthotels too


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