Legal Tip: 1452 - LEY 57/1968 Case Won against Caixabank for buyers in Promilorci Development 'Frondoso Valley' in Murcia
Tuesday, May 1, 2018 @ 2:25 PM
Caixabank condemned to return off plan amounts in Murcia development Frondoso Valley by liquidated developer Promilorci
The claimant only had a photocopy of his individual guarantee but that was brought to Court by CostaLuz Lawyers-DeCastro teams as valid for the refund of his off-plan amounts.
The Bank's strategy to defend the claim alleging unfair delays and speculative profile of claimants was dismissed by the Judge.
- Unfair Delay: The fact that the claimant has been previously litigating for the return of these amounts by the liquidated company Promilorci, makes the date on which the action is filed against the bank as perfectly reasonable
- Investor / speculator profile of the claimant: The speculative character has not been proven nor can the Bank avoid applying the contractual clause that protects the purchase contract with the law 57/68, although the claimant was a real estate professional.
Interest from the date of payment of the off-plan deposits to the developer’s bank account was awarded in addition to the full principal amount & costs.
.jpg)
Los Pilones de la Garganta de los Infiernos in the Valley of El Jerte (Cáceres. South of Spain)