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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 1047. NEW! Court Decission against CORVERA!
14 October 2013 @ 15:03

Just found today, Murcia Appeal Court has passed a decission by which cancellation of the contract is possible due to lack of advertised facilities!

Possibly after recent decission by Supreme Court as we wrote in this recent post

Good for Murcia Appeal Court!

Keep them coming! 

Maria 

El Pinsapar, Grazalema, Cadiz, South of Spain, at facebook.com



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25 Comments


ads said:
14 October 2013 @ 19:52

Have the Supreme Court passed any ruling on provision of illegal BG's or non provision of BG's, Maria? This seems a similar scenario to lack of advertised facilities, especially when advertising literature made mention of Bank Guarantees.
Alternatively, if provision of BG's is a requirement of law 57/68 why is it that non provision or illegal BG's are not also considered sufficient to lead to cancellation of contract?


m chitroda said:
15 October 2013 @ 09:39

is it true that 9 clamints has won to return there deposit of money on phase 1& 2 by murica court


curtis said:
15 October 2013 @ 10:25

Hi MAria
Just wondering like many others if that leaves a way open to sue either Corvera or the Bank for return of money paid?
Sean Curtis


mariadecastro said:
15 October 2013 @ 10:27

Anne:
I have posted on your question today ( Legal tip 1048)
Chitoda:
I have no news on the case you refer to
Curtis:
Everycase is different, individual analysis is needed before bringing an answer to you

Cheers!

Maria


peter128203 said:
15 October 2013 @ 12:43

Hi Maria,
Please can you expand upon this. I assume that the decision to which you refer is not directly related to any specific court case which may have taken place recently? Can you confirm or deny this?




mariadecastro said:
15 October 2013 @ 13:05

Peter:
First Instance Court decision is dated 14th of June 2012.
Appeal Court Decision is dated 13rd of September 2013

Cheers
Maria


curtis said:
15 October 2013 @ 13:11

That means its not the decision from the case that our 9 colleagues brought. Nevertheless, if this is an Appeal Court ruling its obviously a benefit. Any idea how we can find out the result of the case that was being heard in Court 14 on the 1st October??


inspectahomespain said:
15 October 2013 @ 18:01

Maria has very kindly sent me a copy of the actual ruling from September, which confirms that it was granted on the basis that the facilities in the marketing were not delivered, which is significant, not just for the large number of buyers that have not completed but the existing owners, as there may be grounds to claim damages, by the owners that completed, which I believe happened on Polaris resorts

I will be interested in the results from the 1st October as this could open the floodgates for claims


mariadecastro said:
15 October 2013 @ 18:55

Roy:
Is that of 1st of October a decission to be made by the Appeal Court?




inspectahomespain said:
15 October 2013 @ 19:15

Yes so I understand form somebody else on this thread


m chitroda said:
17 October 2013 @ 10:54

Hi maria

Any imformation on court decsion made of corvera golf
dated 23 sept 2013



m chitroda said:
23 October 2013 @ 17:58

hi maria,

Is it possible for you to send me copy of acutal ruling from september of corvera golf in murcia


mariadecastro said:
23 October 2013 @ 19:12

Chitroda:
Of course.
Please, email me to web[a]costaluzlawyers.es so I can attach it to the email.
Cheers
Maria


KRW said:
12 November 2013 @ 15:46

Maria, could i ask whether it is likely that despite the court granting in favour of the purchaser on this Corvera case, who is responsible for returning the monies and more importantly what are the chances of this purchaser actually receiving his money?


mariadecastro said:
12 November 2013 @ 17:13

Dear KRW:
As the main reason is delay on the handing over of the product ( and its attached elements according to publicity), you can make a claim against Banks either guaranteeing deposits in Corvera or those one which received amounts, depending on the case.

Murcia Appeal Court is very firm when stating Bank liabilities in this type of cases

Kindest,

Maria


KRW said:
14 November 2013 @ 11:07

Thank you Maria, my bank gtees expired ages ago and were never renewed so not sure where that leaves me but obviously we have proof as to which banks recieved the various deposits i paid so that should suffice.
Ultimately i guess it depends on the ability of the banks to pay back these funds especially if they now see an influx of claims following the Murcia Appeal court ruling
Maybe their is light at the end of this very long tunnel!
Regards
Kevin


mariadecastro said:
14 November 2013 @ 11:20

Dear KRW

What Corvera phase you bought in?

Kindest,

Maria


KRW said:
14 November 2013 @ 13:37

Phase 2 - first deposit paid in Sept 2006


m chitroda said:
16 November 2013 @ 17:25


hi Maria could you send me the court hearing of corvera golf in sept 2013 please .here is my email address . chitroda48@yahoo.co.uk thank you maira .


urban said:
02 December 2013 @ 20:28

hi Maria
do you know how many cases have been won against Corvera on the grounds of lack of facilities promised?
Could you also email me a copy of the court of appeal ruling to noreen4852@gmail.com. thank you very much for all your kind advice and help.


mariadecastro said:
03 December 2013 @ 17:41

Noreen:

I have just sent the Court Decission to you

Maria


m chitroda said:
19 December 2013 @ 12:36

hi maria

can you tell me what is the result of corvera appel
aganist them from the court.

thank you

M Chitroda


aec said:
25 March 2014 @ 10:58

Hi Maria,

I am very interested in this as I previously lost a case against Corvera on the grounds of the delay in completion.

Is it possible that I could now take another case on these grounds.

I would really appreciate it if you could let me know or if you would be interested in taking the case?

Aaron.


aec said:
25 March 2014 @ 10:59

Hi Maria,

I am very interested in this as I previously lost a case against Corvera on the grounds of the delay in completion.

Is it possible that I could now take another case on these grounds.

I would really appreciate it if you could let me know or if you would be interested in taking the case?

Aaron.


mariadecastro said:
25 March 2014 @ 11:49

Aec:
I need to see details of your previous case. If you want, please email me to web at costaluzlawyers.es

Cheers

Maria


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