Legal Tip 409

  Legal tip 409. Good for Murcia Appeals Court in favour of consumers! 

07 December 2010 @ 16:35 

Another good new today, a Court decission by Murcia Appeal Court by which it is established ( this has Case Law value), in accordance with other jurisdictions in Spain, that penalty clauses when consumers do not complete on off plan purchase contracts can be just of legal interests level ( 4-5% of amounts paid) 

This.... against what many contracts in the Murcia area established : loss of the total amounts paid by consumer to developer.

Again in application of Consumer Law and good faith and balance contract principles.

Again... another proof of a healthy legal system :)

Cheers!

Maria

“Playa de los Alemanes” (Atlanterra, Zahara de los Atunes, Cádiz), by Luis López -Cortijo

 

Do I take it Maria that this has been against Corvera? If not then please stick to using your blog for general comments as this seems to be just another advert which tends to disrupt the flow of threads by people who have a vested interest in Corvera. Unless of course you can guarantee that the court will find this to be the maximum payable by the purchaser that wants to withdraw from his or her contract, only then would it be a relevent thread.

It applies to people in Corvera if the developer kept their deposits after the cancellation. It is a Court decission by Murcia Appeal Court and therefore applies to all developments in Murcia jurisdiction.

What it is explained here is applicable Law for the balance and fairness of contracts and proportion character of penalties, which I am sure we all are interested about!

 

This message was last edited by mariadecastro on 29/12/2010.

This message was last edited by mariadecastro on 29/12/2010.

Thank you for your reply Maria. I now understand a little better that this is not a judgment that will apply to EVERY case as your first post intimated. This judgment was also by an APPEAL court after taking the individual case arguments.

Thank you Steve and Jane and best wishes for the 2011!

Maria