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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 1351. Law 57/68 and touristic apartments
04 December 2015 @ 20:10

The touristic classification of the apartment is something that Banks are opposing for leaving buyers not covered by the 57/68 Guarantees.

If you, being unaware of this, bought it, thinking it was a plain residential apartment and facts can convince the judge on this-- which is easy;  there is no  difference on the power that Law 57/68 that play in your case.

 The touristic excuse  is an argument which can be turned down mainly because many Courts, and Supreme Court too, defend the tuitive ( protective)  character of Law 57/68 and state that the whole strength of Law 57/68 and its rights protect buyers of residential ( first or second) properties, as soon as these facts occur:

1.- Payments are made to a developer account according to Contract

2.- Development is not finished or on delay

If there is a General Guarantee, the General Guarantor is liable

If there is not, receiver Bank is liable ( as said: Supreme Court has still not formally issued decision on this) 

It is simple.Spain Law is distinctively bright when  providing such a cohesive defense to off-plan property buyers

Apartments in Nueva Andalucía, Marbella, Málaga, South eastern Spain

 



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2 Comments


Poedoe said:
05 December 2015 @ 16:35

What is the meaning of Touristic, surely all property sold on the coast would be built with the tourist in mind. Is it just another scam invented to cheat the unsuspecting Purchaser.

Would this TOURISTIC quote include inland property sales.


mariadecastro said:
05 December 2015 @ 20:53

Dear Poedoe:

Yes, you are right. During the real estate/ financial crazy years, many buyers were sold units of touristic apartments buildings as full free residential units.

Touristic apartments are units of buildings on land classified for tourism use. This implies a planning charge which involves an obligation to place the property in the tourism market obligatorily.


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