Legal tip 497. Supreme Court on balanced penalties
Monday, April 11, 2011 @ 1:11 PM
In a Court decission dated back in 2008, the Higher Court in Spain establishes that per application of Consumers Law, the clause which gives the developer a right to keep all money paid by buyer when the developer cancels the contract is illegal and therefore null and void.
The Supreme Court adds in this Court Decission that the clause by which the developer keeps all amounts if the buyer breaches does not have a correspondent clause in favour of the consumer if the developer fails to meet. Which provokes unbalance. Which is illegal in Consumers Law: VERY SIMPLE
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Vejer de la Frontera, Costa de la Luz, Cadiz by Jose_Gonzalvo at Flickr.com