Supreme Court Crack Down on Timeshare Contracts

Our Supreme Court is being very brave and wise when sanctioning illegal schemes of timeshare rights which are spread out along the Spanish Coasts. Law which is being applied is from 1998 which rules all existing timeshares in Spain till July 2012, when the current law entered into force. Both … [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...]

Four new sentences about Banks’ liabilities in Off Plan Purchases

Last April (2014) the Supreme Court issued four new court decisions stating the liability of the banks when receiving off plan deposits, based in Spanish Act 57/68. This Act protects the buyer when a bank guarantee in his/her off plan purchase  was not awarded. However, this Act does not mean a … [Read more...]

Timeshare contract cancellation declared in Madrid

Last February Madrid Appeal Court stated that timeshare purchasers' rights about withdrawal and unilateral cancellation of their contracts were not communicated by sellers and, consequently declared a breach of contract. The contract has been cancelled and also the associated personal loan under … [Read more...]

Timeshare company and bank refund amounts to the consumer

Asturias Appeal Court has declared void, based on provision 1261 (Spanish Civil Code), a timeshare contract . Both the timeshare company and the bank have been requested to refund all paid amounts plus interests plus legal costs to the consumer, since the Court considers that the Bank and the … [Read more...]

Lawyers’ negligencies

This sounds very hard but unfortunately it happens and we -lawyers- should respond for our negligencies when commited. Many of our contract cancellation clients are suffering the consequences of not having been provided with proper Bank Guaranties or Insurance Policy when purchasing their … [Read more...]

Publicity on completion date: a mandatory clause

From Room number 1 of the Supreme Court, dated 18th of February 2014. A decision by Supreme Court dated 3rd of July 1993 declares:  "Developer has an exclusive obligation about finishing the work according to building specifications which has been publicly offered to future buyers, according to … [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...]

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