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