Legal tip 642. Brave Valladolid Judge on contract balance!
Wednesday, November 30, 2011 @ 11:59 AM
In line with modernity and Consumers protection, this Case Law produced by the Provintial Appeal Court who speaks the best Spanish ( Valladolid is known as being the part of the model Spanish language speaking :)).
Dated the 28th of October 2011:
Relevant points:
1) Delay when selling properties off plan gives always cancellation rights to buyer. There is no need for the Judge to valuate the delay as important or not and every delay is cancellatory in these cases
2) Cancellation is also possible despite the existence of First Occupation License if the property is not delivered to owner for other reasons ( lack of horizontal division...)
3) Cancellation just requires a "fall of the business interest for the buyer" against old doctrines which required a persistent will or obstacle to contract fulfilment. This is the line followed by the Supreme Court.
4) Lack of Bank Guarantee can never damage the buyer regarding his rights for effective refund
Such a brilliant understanding and exposition of Law 57/68. Good!
Maria
.jpg)
"Alcalá de los Gazules", Cádiz, Spain, by Alcalaina, at flickr.com