All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

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

Legal tip 813. NEW! Adding Case law for buyers and Law 57/68
Friday, August 17, 2012 @ 11:57 AM

 

 Madrid, Valladolid, Logroño , Hellín, Burgos ( dated February- July 2012)

New Court decisions consolidating the pro-consumer interpretation of Law 57/68, with interesting statements such as:

-      Law 57/68 needs to always be interpreted in favor of consumer/buyer.

-      Formalist interpretation of this Law cannot damage buyers rights

-      Illegalities/ irregularities of developers and guarantors can never damage buyer´s rights

-      Issuing and delivery of Bank Guarantees is obligatory for the guarantor and inalienable right of buyer

-      Banks and developer using Law to avoid Law (fraud of law) can never produce effects. Law intended to be avoided (guarantees of buyers) will become effective by virtue of this principle.

-      Knowing deposits are of off plan buyers and not acting measures established by Law 57/68 is also a banking malpractice

-      A special account is that where money from buyers is received. No formal requisite is necessary for this consideration.

Sierra de Grazalema

"Sierra de Grazalema", Cadiz, South of Spain, by Senderismo Sermar, at flickr.com



Like 0




1 Comments


Anne said:
Friday, August 17, 2012 @ 1:24 PM

Fantastic Maria. But please what of the timeframes to this? What is the liklihood of fast track courts and an ombudsman to oversee these actions as the courts become overloaded with even more cases against these Banks who will do all in their power to use the system of delays to avoid justice (yet again)?
We all have to look to the end result timescales with realistic eyes. Are you hopeful for this alternative route to achieve justice?

Only registered users can comment on this blog post. Please Sign In or Register now.




 

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x