El blog de Maria

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Legal tip 433. NEW! Good again for Murcia Appeals Court on contract diligence.
20 January 2011 @ 11:18

Good again, good.

On the 13rd of May of 2010, the provintial appeal Court in Murcia passed another great decission: linking to every Court in the Murcia jurisdiction by which an off-plan contract is cancelled and a developer is obligued to repay the buyer all paid amounts plus legal interests plus compensation of damages.

The Tribunal considers that the fact that the developer sold off-plan properties prior to the approval of the Planning regulations is a lack of diligence which allows the contract to be cancelled, amounts and interests refunded and damages compensated.

Awesome how Murcia is gaining balance and turning pro-consumers!

Congatulations to the winner of the case, his lawyer and Murcia appeal Court.

Best,

Maria

Calle San José, Grazalema, Cádiz by Ana Mari Ramírez Fernández at Facebook.com

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6 Comments

normansands said:
20 January 2011 @ 13:28

magnificent..............
is the tide turning in favour of the consumer?
will any actual monies be paid back?
hope is eternal

madam said:
20 January 2011 @ 22:14

Who can provide the name and address of the lawyers because they will be very much in demand

Jim Porter said:
08 February 2011 @ 21:28

Hi Maria, I purchased an off plan property from HDT (I thought it was San Jose) at Jumilla and paid a 30% deposit through the agent (Ambasun) and Solicitors PSI. I did not receive a Bank Guarantee, does this mean I cannot recover my deposit through the Bank. The contract expired when the house wasn't built by Dec' 09 and HDT were in Administration and I would like my deposit back. HDT are out of Administration and offering 65% of deposit back after 5 years which I have declined, can you advise what options are available to me,
Kind Regards Jim Porter

Maria said:
08 February 2011 @ 21:34

Jim,
yes, you can use an action against the bank where you placed your deposits when buying off plan.

If you want to know more about this action,please email us.

Best regards,

Maria

miguel a. Pelegrina said:
06 April 2011 @ 11:52

Hola Maria, este es el despacho D.Felipe Represa Castro en malaga,
pido un favor de compañero si puedes, buscamos un notario en murcia especialista en derecho concursal y que escribe mucho en internet donde lo localizamos hace un año o asi y ahora hemos perdido direccion, nombre y telf., ademas trabaja mucho con la comunidad britanica, nos apremia pues tenemos un caso juntos.

gracias anticipadas,
m.a.PELEGRINA

Maria said:
06 April 2011 @ 12:11

Buscaste en el directorio del Colegio Notarial?
M