For the first time, class appeal claiming against terrazas de la torre contracts' nullity to be considered by the Spanish High Court

 After a long road, and joining their forces, a group of Terrazas de la Torre's purchasers, represented by GM LEGAL EXPERTS,  have taken the contracts' nullity case away from Murcia Magistrates' Court and their appeal is going to be considered by the Spanish High Court in Madrid. This is a big achievement, because to reach the High Court isn't easy: the amount claimed must be superior to € 150,000 and amounts from different petitioners can't be summed unless the cause of the action (I mean, the main grounds of the case) is iqual or similar for all of them. 


From the very begining GM LEGAL EXPERTS prepared the case being focussed on the High Court appeal, as long as the precedents from Murcia Magistrates' Court were just supportive with Polaris (against the criteria of most of the Magistrates' Court for similar cases). And we are now proud to say that our clients have a real chance to get their deposits back.


If the High Court (Tribunal Supremo) accepts the class appeal, the sentence from the Murcia Mafistrates' Court which confirmed the legallity of the Polaris' contracts will be overturned, and a new ruling will be issued confirming the contracts' nullity and sentencing Polaris to refund deposits plus legal interest to those purchasers. The buyers not only will be entitled to execute the new ruling against Polaris, but also to enforce their Bank Guarantees.

 

Best Regards,

Guadalupe Sánchez. Lawyer

GMLEGALEXPERTS

I am sure that there are a couple of questions that people would like to ask

The first is how long has it taken to reach this stage

The second is do you have any idea when the case will be heard and a judgement received

You may choose not tio answer this but can you give an idea of what the costs will be to the people bringing the action, I know that if successfull they can recover the costs via the Courts

Hi, it almost seems a shame to not buy now. You obviously bought these apartments because you wanted them. It has taken us 4 years, and there have been stressful times, but we are so please with the apartment and the site . I just hope the bar, which looks fantastic, is open soon. It was open in February but we have not been able to have a drink there since. Pools are lovely! I hope it gets sorted whichever way you choose to go. We are out in 3 weeks time and cannot wait. G & T on the terrace with the BBQ going, watching golfers go by... Lovely. Everyone we have met on site has been very friendly.

 The claim in the first instance court was filed in october 2008, and the High Court could take from 2 to 3 years (approx) to decide.

It is a long wait, but if buyers finally win, they will get their deposits back, plus legal interest since the pay them, given that they would be entitled to enforce their bank guarantees.

 

Best Regards,

 

Guadalupe Sánchez

GM LEGAL EXPERTS

Fair enough!

 Any new on that great class action?

Delighted to hear you are able to appeal to the High Court in Spain.  We had no idea there was a class appeal against Polaris and thought we were the only ones having problems.  At last there is some light at the end of the tunnel!  Best of luck to you all.

Any update on the case.  Has it been heard yet or do you have a date?