“When a buyer starts cancellation many years after a default, with no previous cancellation activity in between, it can be understood, as the Supreme Court is saying here that the business has been of no interest for a long period and therefore rights can somehow " fall" “
Given the above how can the business be deemed to have been of no interest to the buyer when through no fault of their own they neither had detailed knowledge of BG law, nor of the fact that their legal conveyancer was purposefully (due to their failures) denying them this knowledge and ability to act within what now appears to be retrospective time constraints applied by the Supreme Court? Surely the conveyancer’s failures to act should not override buyer’s independent inalienable rights, as stipulated within Ley 57/68, the ability to recoup their monies from the developer/Bank.
Why is this fact not being recognised by the Supreme Court? The SC’s interpretation “of no interest for a long period” on the part of the buyer is completely wrong, is it not Maria?
It seems abhorrent to place burden on the innocent buyer to have to take action against developer/Bank in full knowledge that this will fail (due to time constraints now applied by the SC) in order that a last resort claim can be placed against the lawyer’s legal indemnity.
Is there no way that this interpretation by the SC of “no interest” to the buyer can be challenged Maria?
What happens for instance if during the interim lengthy litigation process following a legal action against developer/Bank, which is doomed to fail given the above, the conveyancing law firm was to go into administration (just as developer’s have done so) which would again compromise their recovery of monies?….. this SC interpretation that denies the buyer their inalienable rights to recoup monies from the developer/Bank appears to place them at great risk, not to mention further financial hardship due to extended litigation in the interim.
How can this be deemed morally acceptable or demonstrating moral authority? Surely a law which stipulates inalienable rights to recoup monies from the developer/Bank should be fully respected and not be over-ridden by retrospective time constraints that take no account of the full circumstance that buyers have been subjected to and that “no interest” does not apply in their circumstance?
Banks who failed to follow their responsibilities to protect monies relating to offplan purchase should be made accountable, especially when it has taken so long to gain consistent recognition through the Spanish legal system. The injustice of it all appears overwhelming when you consider that no time constraints have existed for judicial and administrative processes which in itself has compromised many innocent citizens, allowing developers time to asset strip or go into administration in the interim lengthy periods.
Surely all of these facts need to be reviewed and assessed by the Supreme Court if moral authority in relation to adherence to existing law ley 57/68 is to be demonstrated?
How many thousands who thought they were protected in law (without intimate knowledge of BG law nor detailed knowledge of how they have been legally compromised) will be subjected to this latest SC ruling as Banks use it to their advantage?
Banks in effect will be allowed to retain these deposited monies......monies that do not belong to them!!!