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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 1212. Spanish Judge protecting those who suffered
Friday, October 3, 2014 @ 1:23 PM

I am sure you all already now, but wanted to remark as it is a good new to finish the week with: a judge in Almeria has awarded €135,000 € in concept of moral damages to three British families who bought illegal homes a decade ago in Albox.

 

So proud of many judges in our country applying Law for the protection of individual- goof faith people, who once felt in love with Spain.

 

The Judge even expresses in his ruling that he is sure that these homes will be legalized in a time frame that depends on administrative procedures. Always not as quick as we needed them to be.

 

Excellent that diverse actors involved there are being made liable (developers, architects and Local Council)

 

Congrats to Gerardo Vázquez, who we have the pleasure to know for years now and who is an excellent lawyer

Albox, Almería, South eastern Spain



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5 Comments


sandra said:
Friday, October 3, 2014 @ 6:03 PM

This is truly an uplifting report that their suffering and distress has been recognised. But not so uplifting is the fact that it has taken them ten years to be heard.


antifreeze said:
Friday, October 3, 2014 @ 11:21 PM

Maria - this is good news that there are some honourable judges who clearly see the injustice of the suffering caused by misrepresentation. It is laudable purchasers have their money back. The judge has clearly considered the homes MAY be legalised - but for the past 10 years, they have had to battle to get justice with so much uncertainty in the legal system, with the impact this has whilst the developers make their profits.

I wonder if people who set out to deceive for profit, are punished with more than just a fine? It is surely illegal to take money under false pretexts?


belucky358 said:
Saturday, October 4, 2014 @ 10:52 AM

This is obviously excellent news, as someone has eventually realised the worry and misery of fighting to recover your life savings for a period of over 10 long years. On the other hand what I can't understand is that when the Judges are considering interest on the deposits, that the bank has had the use of, for 10 years..... some award it from the time you deposited the money and some only award it from the time of the court case, when it is no fault of the buyer that it took so long to get the Bank to Court. This is not on, the Bank has had use of the money for 10 years so they should pay the 10 years of interest.


antifreeze said:
Saturday, October 4, 2014 @ 11:33 AM

I agree - Courts are making buyers pay interest to developers. However, I do think that in reality, if you get any of your deposit or funds back, then it is a result! It has been long overdue and although we have lost in the long term (i.e. - invested in the UK, money would safe and worth more in property) its only NOW that Judges are even looking at the injustices we have suffered and that we are due our money back - it is a very small step in the right direction. More of us, as purchases, need to be pro-active and ensure that the legal system is not just relying on us to sit back as we will be punished for that too!

Smart judges know the damage this is doing to Spain's reputation and economy - the less informed, are working in local bubbles that cannot be sustained - in favour of 'friendly' developers - their rulings will ultimately, destroy their own economies. We are luck there are some who have seen the damage and suffering caused - by developers and banks...in co-hoots with agents etc.

This finding is good news - for all.


Suzie said:
Sunday, October 5, 2014 @ 7:50 PM

This will only be 'good news' when/if the 'award' is paid. It may be MANY years before this happens, as has been clearly reported in the press; eg the Olive Press etc.


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