Legal tip 345. Won case on balance of penalties: good for consumer oriented Judge in Totana 20 September 2010 @ 11:57 We have just received today a Court decission in favour of our client. We claim for the balance of the penalty clause. Polaris wanted to

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20 Sep 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Legal tip 345. Won case on balance of penalties: good for consumer oriented Judge in Totana
20 September 2010 @ 11:57

We have just received today a Court decission in favour of our client. We claim for the balance of the penalty clause. Polaris wanted to keep the 100% of the deposit he has paid as a penalty clause for lack of completion/ default by the vendor.


We challenged that penalty clause on the basis of being against Consumers Rights as per stablished in the Consumers Act ( article 85.6 specifically), which says:


Article 85: Abusive clauses as linking the contract to developer´s will


(...)


6.Clauses that imply the imposition of an unproportionately high penalty clause to the consumer who does not meet their obligations.


The Judge, declares null and void the said clause and allows Polaris to keep just  9000 €, against the 63.000 € that Polaris was keeping as penalty clause.


Good for judges moderating illegal and abusive clauses of contracts. It is part of their role. Good for the future of regions they are incardinated. If they produce balance and fair Law, economy will grow healthier.


Good news for the beginning of this rainy week of September.


Congratulations to our litigators!


Maria



Street in Cordoba´s Juderia by Roberto Pecino at Flickr.com



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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20 Sep 2010 3:35 PM by Keith110 Star rating in the UK and I am lead.... 681 posts Send private message

Good news, Maria.

It all helps to put pressure on the developers so they begin to realise that they cannot continue including unfair clauses in contracts.

Despite some very unfair and questionable court judgements over the past few years - it is good to know that Judges are starting to accept that CONSUMERS do have rights in Spain!!

Times are changing.

And.....we have sunshine here today - sorry to hear about the rain in Algeciras!

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




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