Murcia Appeal Court asks Corvera to refund based on lack of advertised facilities

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
15 Oct 2013 18:57 by mariadecastro Star rating in Algeciras (Cadiz). 8809 posts Send private message

mariadecastro´s avatar

Legal tip 1047. NEW! Court Decission against CORVERA! 
14 October 2013 
 

Just found today, Murcia Appeal Court has passed a decission by which cancellation of the contract is possible due to lack of advertised facilities!

Possibly after recent decission by Supreme Court as we wrote in this recent post

Good for Murcia Appeal Court!

Keep them coming! 

Maria 

El Pinsapar, Grazalema, Cadiz, South of Spain, at facebook.com



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 2      
16 Oct 2013 07:39 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2359 posts Send private message

Vip Supporter

Maria I know that the specific circumstances can vary cases by case but I have my clients asking for a few clarifications on this ruling

  • The first is the most obvious one and that is for the people that have still not completed, does this ruling set a precedent for these people to now make claims for refunds of their original deposits, interest and fees
  • Next question is that are Corvera likely to appeal this ruling again
  • Are you aware of any other pending actions that are going through thge appeal court system
  • Does this ruling allow the people that did not complete to claim compensation from the developer because of what seems to be a proven case for the lack of the proposed facilities
  • If any buyers still ish to complete are there grounds for buyers to ask for a greatly reduced price, especally as there are bank repossessions available on Corvera at 25% of the original contract price

Sorry for all of the questions but this is very important as the resort has developed with an operational golf course

 



_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



Like 0      
16 Oct 2013 08:27 by BobbyBlue Star rating. 5 posts Send private message

25% of the origional price

wowsers


 





Like 1      
19 Nov 2013 13:02 by mariadecastro Star rating in Algeciras (Cadiz). 8809 posts Send private message

mariadecastro´s avatar
  • Apologies for the delay on answering these questions:
  • Please have answers below in bold orange: 
  •  
  •  
  • The first is the most obvious one and that is for the people that have still not completed, does this ruling set a precedent for these people to now make claims for refunds of their original deposits, interest and fees. Yes, it does, but it is important to see what is Corvera´s current solvency.
  • Next question is that are Corvera likely to appeal this ruling again. I do not know. Cannot predict really. This decission follows the doctrine of the Supreme Court on linking character of publicity so I would not see much point for going to the Supreme for this.
  • Are you aware of any other pending actions that are going through thge appeal court system. I think there are some other ones, but am not completely sure.
  • Does this ruling allow the people that did not complete to claim compensation from the developer because of what seems to be a proven case for the lack of the proposed facilities. Compensation just if they completed or will be completing.
  • If any buyers still ish to complete are there grounds for buyers to ask for a greatly reduced price, especally as there are bank repossessions available on Corvera at 25% of the original contract price. Of course they do.


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
19 Nov 2013 15:37 by ads Star rating. 3025 posts Send private message

Please also remain aware of the following.

Beware the developer asset stripping in the interim, although Maria could advise if SWIFT preliminary enforcements would prohibit this eventuality.

Beware of major delays in the court system that at present have no time contraints in place to ensure timely enforcement. .....If the developer goes into administration during the lengthy period of delays then according to Keith's previous advice all legal costs associated with the claim against the developer cannot be recouped if subsequent action is then required to be taken against the Bank. Keith reclaimed costs by taking action jointly and severally against developer and Bank.

For those considering completion beware of the following ·         Communities (developments) deprived of adequate consumer protection to ensure the best interests of the community are recognised until such time as they have majority vote, (developers leasing out pools, maintenance overcharging, developers/banks failing to pay community fees http://www.theolivepress.es/spain-news/2013/03/07/banks-skip-community-fee-payments/

I don't know if this applies to this development but also beware of Illegal demolitions and the Govt retrospectively redefining coastal boundaries without an adequate compensation structure in place (i.e. areas where they declared properties as illegal even though purchasers from the outset had been provided with the necessary legal documentation), 

Just a few risks that sadly its essential to remain aware of.

 


This message was last edited by ads on 20/11/2013.



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Endesa - 9 posts
Change to tax rate for non resident home owners?? - 48 posts
Four foot pedals - no handbrake. - 4 posts
Telefonica/Movistar the most useless company on this planet. - 18 posts
Bought a French car with the intention of taking it to Spain – not a straightforward process. - 3 posts
WANTED flat to share on Costa del Sol - 0 posts
Property Swap - 3 posts
Enter the b****y code - 3 posts
Malaga Car Hire - 4 posts
utilities and costings - 2 posts
trying to find a flight Search Engine - 5 posts
route Bilbao to costa del sol - 5 posts
Wer spricht deutsch? - 3 posts
Oh dear, this member hasn't provided any information yet - 41 posts
Denuncias - 11 posts
Anti social behaviour by tenants - 1 posts
COCKROACHES IN SPAIN SORTED OUT AND HOW - 0 posts
CostaLuz or MariadeCastro? - 5 posts
Los Alcazares: Looking for a Handyman, Plumber, Electrician - 1 posts
Garlic and Olive Oil - The Seventies and Eighties in Spain - 1 posts
Typhoid vaccination - possible from a private clinic? - 1 posts
thor TL1 500 - 0 posts
IF IT ISN’T BROKE DON’T FIX IT - 3 posts
easyJet Flights June-Sept - 0 posts
one way van hire move - 0 posts

Number of posts in this thread: 5

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   
Compare car hire in Spain


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x