El blog de Maria

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

Legal tip 497. Supreme Court on balanced penalties
11 April 2011 @ 11:11

In a Court decission dated back in 2008, the Higher Court in Spain establishes that per application of Consumers Law, the clause which gives the developer a right to keep all money paid by buyer when the developer cancels the contract is illegal and therefore null and void.

The Supreme Court adds in this Court Decission that the clause by which the developer keeps all amounts if the buyer breaches does not have a correspondent clause in favour of the consumer if the developer fails to meet. Which provokes unbalance. Which is illegal in Consumers Law: VERY SIMPLE

Maria

Vejer de la Frontera, Costa de la Luz, Cadiz by Jose_Gonzalvo at Flickr.com

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4 Comments

Keith said:
16 April 2011 @ 23:24

Many of the sales contracts issued by developers contained abusive clauses or were heavily in favour of the developers.

Also many of the contracts failed to include many of the clauses required by LEY 57/68.

SIMPLE

Kind regards

Keith

coolcat said:
09 May 2011 @ 19:34

How can I find out if my contract contained abusive clauses or were heavily in favour of the developer? Should my lawyer not have noticed these?

coolcat said:
09 May 2011 @ 19:35

How can I find out if my contract contained abusive clauses or were heavily in favour of the developer? Should my lawyer not have noticed these?

Ken Hawkins said:
13 August 2011 @ 11:45

Hi Polaris world has kept my 66,000euros the rep told me my apartment was near the sea when i bought off plan on nearing completion i found out it was nearly 2 hours in land by car.For nearly a year repeatedly asking to see the development and getting fobbed off we saw the development from a distance ,but not allowed to go on site .Under Spanish law they can only keep a quarter of our money ,they refuse to even give me back the forty odd thousand euros .CAN ANY BODY HELP ME !!!!!