Legal tip 573. Most recent Supreme Court´s on off plan publicity
Tuesday, August 16, 2011 @ 7:33 AM
Again, a great Court decission by our Supreme Court. Dated 2011, July the 12th, one month ago , just before the Magistrates were leaving for vacations:
Principal matter under discussion in this Court decission is the value of publicity and publicity statements.
Against what the developer defended and was supported by First Instance Court: views to golf course, sea and mountains were refereing to the development in general, not to every individual apartment, and therefore the lack of it for one individual unit is not a cause for contract cancellation, the Appeal Court and the Supreme Court establish:
Publicity is part of the contract as it is most relevant when the buyer is making the decision.
Contract is finally cancelled and developer needs to refund full amount plus legal interests, plus legal costs.
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Tarifa, by Von Boot at Flickr.com