Legal tip 732. Refunds in Corvera Phases I and II
Sunday, March 18, 2012 @ 5:11 PM
A recent Court decission by Murcia Appeal Court section 4 has confirmed a Court decission by the First Instance court by which off plan buyers who issued a cancellation notice once completion date has arrived and before First Occupation License was issued are entitled to the refund of full deposits, plus legal interests and legal costs.
Completion deadline was easy to be showed by claimers in this case as they use publicity material that Corvera used when marketing and selling the properties:
- December 2007 for phase I
- June 2008 for Phase II
First Occupation licenses did not start to come till June 2009.
The lawyer was able to obviate the tricky rule established in the contract for contract completion deadline as the dates established in publicity are clearer and specific in accordance to Consumers Law.
As the win is based on delay, if Corvera bacame insolvent, Bank Guarantees will be usable.
So great news for people´s rights in Corvera!
Cheers,
María
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"Morning walk along the river Hozgarganta in June", Jimena de la Frontera, Cádiz, Spain, by sierragoddess, at flickr.com