Courts against Banks in Spanish illegal properties

Another great decision dated April 2017 by Alicante Provincial Appeal Court Section 9 in a case against CAIXABANK regarding solution to urban illegalities.

Law 57/1968 is applied to a case of urban illegality where the buyer had been living in the house for 9 years with no habitation license

The Alicante Provincial Appeal Court decision quotes Supreme Court doctrine which  established that delivery of the house according to provision 1461 y 1462 of the Civil Code includes full habitability conditions in an official way:  in short – habitation licences. (Supreme Court decisions dated September, 12th, 2016; April 22nd, 2015; September, 10th, 2012; November 8th, 2012; February 12th, 2013; March, 9th, 2016).

Nullity of the contract due to urban illegality is extended to the linked mortgage so, in these cases, a full claim of all amount paid, before and after completion, plus corresponding legal interests is possible.

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