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

I have been informed that Solera el Trampolin has now been entered into the concursal for creditors meaning that those that are owed money by solera are now able to go and communicate their credits to the administrators. It is advised that you do this even if there are no payouts at least buy putting your name down ythen at least the seriousness of the situation will have to be acknowledged.

The administration would normally send out a letter that you should now communicate your debt to them and they have given a deadline of the 15-02-11 for you to do this. If you do not recieve one of these letters then I advise that you request it as soon as possible.

You can communicate your credits via a lawyer or you can go in person to the address supplied below however I strongly advise that before going personally that you check that this information is accurate as it was given via word of mouth and I cannot confirm 100% its accuracy at the time of you communicating your credits so as always check this info before acting.

It has been said that to communicate your credits that you would have to bring with you a signed copy of the administration letter mentioned above and also a spare copy of it, copies of your contract, your reserve contract and your reciepts and also aval copies, also proof of transactions of funds in relation to those reciepts. you would also have to bring your originals so that they may be stamped. But again check all this info as it has not come directly from the administration to you right now but via word of mouth.

Address:Juzgado de la mercantil numer 2

Avda, primero de mayo, 1, Edificio, Torres Azules, murcia 30071

This address can be found on google map along with any relevant telephone numbers