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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1178. NEW! Case won in Corvera Phase I/II
Thursday, July 17, 2014 @ 10:35 AM

After my 15 days break in Zahara de los Atunes:

Case won in Corvera ( Phase I-II) where we based our arguments on delay! So good news after my vacations.

Judge has rejected other claims where a " Loyalty document" was signed by the buyers/claimers. We are appealing those Decissions as, Law 57/68 and its strongly protective spirit stablishes that any time extension needs to be express and written, with a new specific deadline, as a clear new clause of the contract.

Advancing!

Maria

"la-manga-del-mar-menor", Cartagena, Murcia, East of Spain, by Avelino Fernandez, at flickr.com

 



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4 Comments


ads said:
Thursday, July 17, 2014 @ 2:36 PM

Well done Maria,
Welcome back!
Does any time extension have to be agreed to specifically in writing and annexed to the original contract by the purchaser, or will "silence" on the purchaser's part (no renegotiated written deadline agreement) be interpreted as an agreement to any extension that might have been notified by the developer?
Also, if the new extension deadline is then not met, would this then automatically qualify for contract cancellation?


mariadecastro said:
Thursday, July 17, 2014 @ 3:24 PM

Thanks Ads.

As you can see in this great explanation of Law 57/68 by Keith Rule ( see provision 3 in the link below). Any extension needs to be negotiated, explicit, written, specified and signed by two parties as an annex of the contract.

http://www.fincaparcsactiongroup.com/explanation.htm


ads said:
Thursday, July 17, 2014 @ 3:33 PM

Wonderful. Thank you Maria and Keith.


antifreeze said:
Saturday, July 19, 2014 @ 8:40 AM

That is good news Maria and Keith - it is good to know that some precedent law is being applied to help people who were going to lose their money - very good article Keith Rule.

Is it 18months of the building licence that a developer has to complete?

What if the developer sells off plan, without a building licence? And the buyer is not aware and is taking a risk, having made deposit payments but no bank guarantees given to buyer?

Keep up the good work - very interesting developments in courts.


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