New Court Ruling relating to return of deposits

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Medina Elvira 23 forum threads
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11 Dec 2010 12:00 AM by donshel Star rating. 1 forum posts Send private message

 

I have just found out from a friend of mine, who was also buying an apartment at Medina Elvira 23, that his lawyer (who is the same one I had for my case) has just received a Judgement from the Courts of Marbella. The lawyer's comments are the following (sent by email to my friend to explain everything):
 
Peninsula has been condemned to cancel the contract and return the money, resulting in a complete turnaround from the previous Judgements:
The Court considers that the First Occupation Licence for some of the buildings are non valid, they are just provisional and incomplete licences, due to problems with the water and sewer connections.
 
The most important thing about Judgement is that people who thought they had to complete the purchase, and/or that their bank guarantee had expired, are no longer obliged to complete and can withdraw from the purchase because the policy is not expired and can claim the money from the guarantor if Peninsula does not pay.
 
Finally, according to my friend, this Judgement is not the only one; the same lawyer has been notified of a second Judgement with the same outcome.
 
Hope this information is useful for you!



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11 Dec 2010 12:22 PM by MrUnhappy Star rating. 124 forum posts Send private message

Interesting, there must also be huge implications for those who have completed.  This is really shocking and something that forum members raised concerns about at the time when the licenses were granted.




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Previous Threads

The Restore Action - 0 posts
Thinking of buying at ME23 - Yes or No? - 1 posts
rentals - 1 posts
Legal tip 277. Low cost action against Banks. Manifesto by Costaluzlawyers - 0 posts
Returned Deposits - 6 posts
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Lets hope that 2010 is a more positive year - 5 posts
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Progress on furnishing and utlities at ME23 - 7 posts
Gaspar Lino issues threat of legal action to ALL purchasers to bully them into completion - 2 posts

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