Legal Tip 409

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25 Dec 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

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  Legal tip 409. Good for Murcia Appeals Court in favour of consumers! 

07 December 2010 @ 16:35 

Another good new today, a Court decission by Murcia Appeal Court by which it is established ( this has Case Law value), in accordance with other jurisdictions in Spain, that penalty clauses when consumers do not complete on off plan purchase contracts can be just of legal interests level ( 4-5% of amounts paid) 

This.... against what many contracts in the Murcia area established : loss of the total amounts paid by consumer to developer.

Again in application of Consumer Law and good faith and balance contract principles.

Again... another proof of a healthy legal system :)

Cheers!

Maria


“Playa de los Alemanes” (Atlanterra, Zahara de los Atunes, Cádiz), by Luis López -Cortijo

 



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Maria L. de Castro, JD, MA

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El blog de Maria


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30 Dec 2010 6:04 PM by Chrissie1 Star rating in UK. 384 forum posts Send private message

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Maria

With all due respect over 3 years ago we gave a large deposit for an off plan house.  We should have been supplied with a bank guarantee and we were not given one.  Under the Law 57/68 it very clear that it is illegal for this to happen.  So, how is this a healthy legal system ? 

Regards Chrissie1

 



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