Spanish law favours the buyers

Maybe things are changing....take a look at this link...

http://www.spanishpropertyinsight.com/buff/2009/01/court-orders-developer-of-santa-maria-green-hills-to-return-stage-payments/

Hi Mazbaz,

VERY VERY interesting, the light at the end of the tunnel glows a little brighter, a nice piece to have discovered.

Hi folks what a great find

This artical only applies to property which was built  ILLEGALY.

Our solicitor has told us Corvera is legal therefore unfortunatly the issues are very very different.

Hopefully your solicitor is independant, India. Try this link which includes a number of legal articles discussing similar issues: http://www.costaluzlawyers.es/index.php?page=our-legal-articles&hl=en_GB

Please note the article on publicity as part of the contract:

The article under discussion is the result of the reiterated jurisprudential doctrine, according to which, the promotion of the selling of housings is not fulfilled delivering only the housing, as when the buyer takes possession of the same one, but this obligation also spreads to the rest of the incidental elements, with which the housing is being defined in the contract, and even in the papers given to the buyer before the signing of the contract, such as plans, publicity, building specifications or project of execution, papers, that is necessary to understand, that form a part of the contractual content.

In this way, it is confirmed that the seller has an obligation to fulfil the exposed in his advertising brochures, since the influence of publicity is essential in the moment, when the consumer decides whether to buy.

I bought in phase 1 with the idea of a 5 start hotel on site, a completed golf course as well as other facilities. I still have all the publicity materials regarding this. Will I get this on projected phase 1completion in June 09? I doubt it. What I will get is a half finished site and that is not what I bought into.

Regards.

Ash

This message was last edited by JORED on 3/7/2009.

Hi India

You are correct that the precise facts of the case don't apply to Corvera, but It's actually the principal that interested me in that a Spanish Court had ruled so clearly in favour of the buyer. It should give everyone some confidence that no matter what they want the outcome of their Corvera purchase to be, the message that this case presents is clear - Developers have a responsibility to the purchaser, and this has been recognised in this case at least, by the Spanish Court.

Mazbaz

Thanks guys for posting my surname on open forum.???? Not really being too senstive about by privacy. Makes me want to give the whole thing up when I see unsensitive things like this???

Members - I know you don't all agree but please refresh yourselves on this topic and revisit suggestion posted 30/1/09 on thread - Group meeting in the UK!!

Hi Everybody ,

Firstly I must say very sorry for my error I have just seen it , it was pointed out by somebody to me on a PM just now

I thought I was sending it  to as a PM to  the person concerned NOT on the open forum which I have just checked here

Sincere appologies it was a genuine mistake and I respect the privacy and sensitive nature of all concerned

Regards