Costaluz won 42 times against banks so far in 2017

CITY COURT BANK / INSURER PROMOTOR DEVELOPMENT ORIHUELA P1 SGR, BBVA, BANCO SABADELL HERRADA DEL TOLLO S.L. SANTA ANA DEL MONTE GRANADA P2 BANCO SABADELL RUDINA MIRADOR DE IZNALLOZ ELCHE P1 BBVA (CATALUNYA BANC SA) BRONCHO PROMOCIONES LA TERCIA … [Read more...]

Off-Plan Purchase Contract Cancellation

Good debate on EOS today! http://www.eyeonspain.com/forums/posts-long-21308.aspx Supreme Court in its decission dated 22nd January 2015 states that off-plan purchase contract cancellation can be denied by a Judge due to "bad faith" on the part of the buyer when a cancellation claim hides … [Read more...]

Supreme Court Rules That A Delay Of Just Over 3 Months Justifies Termination of Purchase Contract for Off-Plan Purchase

The Supreme Court states that the delay, of just over 3 months, in the completion of a house under construction justifies the termination of the contract However, the buyer should exercise that right before being required by the vendor (developer) to grant deed. The Civil Division of the … [Read more...]

Law 57/68 brings a new victory to a client of Corvera Phase I-II

Based on the argument of "delay", Law 57/68 brought a victory to one but not to all the clients of the group because, according to the judge, they signed a "Loyalty Document" and that is the reason why their claims have been rejected. However, we do wish to appeal against that decision. Law 57/68 … [Read more...]

New judicial doctrine by the Supreme Court on Contract Cancellations

The Spanish Supreme Court has established new judicial doctrine on contract cancellations. According to a decision from May 7, 2014, by the Civil Room: 1. Any delay is cancellatory in Declarative Procedures and Claims against guarantors; 2. According to Spanish Act 57/68, 3rd Provision, an … [Read more...]

Will floor clauses become prohibited in Spain?

Around 15,000 people brought together by ADICAE summited a collective claim against 101 bank entities because of the floor clause. The hearing will take place from July 15th to 18th at the Commercial Court Number 11 in Madrid. ADICAE supports the claim on the fact that many courts have stated in … [Read more...]

Great news about nullity of contracts at last

A recent decision from the Vigo Appeal Court (Galicia, Spain) on 21st of February declares the nullity of an off plan contract owing to the lack of specification of delivery date. This means an "at last" consumer oriented court that considers Consumers Law as well as Civil Code in this matter. We … [Read more...]

Supreme Court and 3 months delay

    Recent Court Decission by our Supreme Court ( Tribunal Supremo Sala 1ª, S 11-12-2013)remarks that as per the contract, as parties mutually agree, delay as a cause for contract cancellation,the 3 months delay is enough for the contract to be cancelled and refund obligation to … [Read more...]

Leon on Banks liabilities

Recent, December Court Decission by Leon Appeal Court stating that: Regardless the existence of a "special account", if there are enough evidences ( Bank being sole financer, Bank knowing private contracts...) for the Bank to know that those amounts were off plan payments by buyers, applying Law … [Read more...]

No occupation license and cancellation?

As a continuation of previous post: Seems to me that these Supreme Court Decissions, as a matter of fact, make those 57/68 rights weaker. Again, I can understand that there are different levels of breaches and that because of that different level of measures/ consequences need to arise but, … [Read more...]

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