Posted August 10, 2016 & filed under costa del sol property news luxury properties in marbella marbella bank repossessions marbella estate agent marbella luxury property news spanish real estate news -and- lifestyle
The Court of First Instance No. 18 of Malaga has sentenced a bank to repay the amounts deposited by a British customer in 2003 on account of a house in an illegal urbanization of Marbella. The operation did not lead to concrete because the promotion, built outside the PGOU force at that time, was not completed on schedule. The woman got ten years after the courts gave him reason and ordered the money back, but by then the promoter had been declared insolvent and was in bankruptcy. Now justice has ordered the People’s Bank, where funds had entered the account, to return the amounts. In total, the buyer will receive 238,000 euros plus related interest.
This is the end of a long judicial process open between 2005 and 2006, when dozens of buyers, mostly British, filed lawsuits against the developer Marbella Vista Golf by what they considered a breach of contract when considering that homes sold plan is not they had delivered on time and also lacked the first occupation license, so they refused to notarize when summoned to do so and instead demanded the termination of contracts and the repayment of amounts paid on account.
However, their complaints were running mixed fortunes as the courts in that were posing, because for years the judges of Marbella applied different criteria when resolving disputes. Some failed in favor of buyers and others gave reason to the company. The same was true when resources reached the Provincial Court of Malaga.
It was not until June 2013 when the machinery of justice unified criterion Supreme Court rulings that gave reason to buyers and recognized their right to recover the money. The solution, however, came later. Then the developer was in bankruptcy and had been declared insolvent. The victims numbered in the hundreds.
The injured has now won another victory in court, represented by Law 57 study, then he sued the Popular Bank, where the amounts had been admitted into account. Supported by several judgments of dela Civil Chamber of the Supreme Court Plenum, the head of the Court of First Instance number 18 of Malaga has rejected the defense made by the bank, considering proven that was where the quantities expected by customers entered, and the existence of a general policy endorsement for such amounts. The sentence considers that the fixing of an expiry date on the endorsement contravenes a statutory provision.
The judicial journey of this British buyer, who devoted all his savings to attempt to retire in Marbella, may not have come to an end. The bank can still turn.
So, If you are searching for the latest property listed in Marbella and need legal advice in Marbella before taking the final decision on your Marbella luxury property purchase, please do not hesitate to fill the form on Contact Us or give us a call on +34 952 811 010 Today!