Malaga Judge shouting the Emperor is naked
Friday, February 27, 2009 @ 4:32 PM
A decision passed last September in the Appeal Court in Malaga, finally shouted out that the Emperor was naked ( see related blogpost here):
“Irrespective of the reason for the stoppage of work, it is clear that the developer breached an essential obligation of the contract which is to guarantee or ensure that the sums advanced are on account. This is such an essential obligation that has been made a legal obligation. The reason is to protect consumers when purchasing houses which is a first need object, this deserve special protection by the Law”.
The decision keeps saying some paragraphs ahead that the Consumer can ask for the contract cancellation due to the lack of bank Guarantee ad deserves the devolution of 100% of the deposit paid, plus legal interests, plus legal costs!
Of… finally, more Judges are throwing away the black glasses! Some clarity is appearing!
Que tengáis buen fin de semana. Aquí estamos de Carnaval!
By Maria L. de Castro
web@costaluzlawyers.es
www.costaluzlawyers.es
Playa de Bolonia by Fireshot at Flickr.com