GARDENS OF MANILVA: NEW JUDGEMENT FROM SEVILLE'S COURTS SENTENCES CAIXABANK TO REFUND DEPOSIT PLUS LEGAL INTEREST TO BUYERS
Yes, we did it again. Seville's First Instance Court has just sentenced Caixabank to refund deposit plus legal interest and defence cost to our customers, who bought two properties in Gardens of Manilva.
Bank's defense was based on the lack of individual bank guarantee, and the "exhaustion" of the amount guaranteed. In addition, Bank was claiming that 57/68 Act wasn't applicable because our customers bought two properties so, in their opinion, they were investors and no consumers.
But the judge dismissed all the Bank's arguments to challenge our claim, because he interprets (as we do) that rights ruled by 57/68 Act are unwaivable, so any limitations to those rights agreed between Banks and developers are not enforceable against purchasers.
We are sure that this judgement will give string encouragement and hope to buyers of Garden of Manilva who caught in the middle of the Ocean View & Manilva Costa Bankruptcy proceeding