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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 732. Refunds in Corvera Phases I and II
18 March 2012 @ 17:11

 A recent Court decission by Murcia Appeal Court section 4 has confirmed a Court decission by the First Instance court by which off plan buyers who issued a cancellation notice once completion date has arrived and before First Occupation License was issued are entitled to the refund of full deposits, plus legal interests and legal costs.

Completion deadline was easy to be showed by claimers in this case as they use publicity material that Corvera used when marketing and selling the properties:

- December 2007 for phase I

- June 2008 for Phase II

First Occupation licenses did not start to come till June 2009.

The lawyer was able to obviate the tricky  rule established in the contract for contract completion deadline as the dates established in publicity are clearer and specific in accordance to Consumers Law.

As the win is based on delay, if Corvera bacame insolvent, Bank Guarantees will be usable.

So great news for people´s rights in Corvera!

Cheers,

María

morning walk along the Río Hozgarganta in June

"Morning walk along the river Hozgarganta in June", Jimena de la Frontera, Cádiz, Spain, by sierragoddess, at flickr.com



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2 Comments


michael walker said:
18 March 2012 @ 18:35

Maria
the case you refer to was mine i through my solicitor (fuster)took some four years to get into court and then appeal court,however although i have won the bank will only pay the amount agreed on the bank guarantee form.
We went to the builder for costs both legal and private however they have told us that they are unable to pay and in april expect to declare bankruptcy as there loans are due for payment.
I hope that you can help others


Maria said:
19 March 2012 @ 07:29

Guarantoor banks are liable for full refund, plus legal interests,plus legal fees.


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