Spain’s Supreme Court rules against banks in subrogated mortgages and floor clauses

On November 27, Chamber One, Civil, of the Spanish Supreme Court has upheld the appeal filed against the ruling of the Provincial Court of Seville that dismissed the claim filed by a consumer who was claiming the nullity of the ground clause of the developer loan which he had subrogated. The … [Read more...]

Spain’s Supreme Court bringing questions before Europe on IRPH index

Last December 2017, the Supreme Court in Spain declared that material transparency control of the IRPH clause was not due as this was a legal index. The sentence, naturally, received harsh criticism and raised doubts about its compliance to the doctrine of the European Union regarding the control … [Read more...]

Second sales of properties and hidden defects in Spain

Second sales of properties and hidden defects: legal actions When the buyer can not avail himself of the usual, normal and ordinary profits of the acquired thing, he may exercise the action derived from the hidden defects or redhibitory vices, which refer to the vices, imperfections or defects … [Read more...]

Brexit and Settled Status in Spain

Is there anything clear on status of expats after Brexit? The negotiators of the European Union and the UK government set out a jointly report that will be part of the Withdrawal Agreement in full detail. This was published on the TF50 website on the 8th of December 2017. Access to the document … [Read more...]

Claim on Illegal property

Another great decision dated April 2017 by Alicante Provincial Appeal Court Section 9 in a case against CAIXABANK regarding solution to urban illegalities. Law 57/1968 is applied to a case of urban illegality where the buyer had been living in the house for 9 years with no habitation … [Read more...]

Timeshare Null

2017 has been a very productive year for the Spanish Supreme Court in relation to Timeshare and Consumer Law. 22 Court decisions so far, which by applying Law 42/98 to timeshare agreements, have produced important statements such as: Law 42/98 established an obligatory legal form for the … [Read more...]

New Mortgage Act

Two appointments at the Notary First appointment for the Notary to certify (at no cost) that the consumer has received all the legally required information and that all doubts regarding complex clauses in the mortgage contract have been resolved. Consumer will state after this that all his … [Read more...]

Spain Supreme Court in its decisions dated

The Spanish Supreme Court in its decisions dated 23rd December 2015 and 18th February 2016 has ruled on the nullity of the clause on early maturity of mortgage loan which: (a) does not discriminate the class of default of the debtor, or (b) entitles the creditor to cancel the contract on default … [Read more...]

List of cases won by CostaLuz Lawyers/ De Castro in 2017 so far

List of cases won by CostaLuz Lawyers/ De Castro in 2017 so far. Contact us today if you bought off plan in any of these developments, a refund for you might be possible: BANK / INSURER PROMOTOR DEVELOPMENT SGR, BBVA, BANCO SABADELL HERRADA DEL TOLLO S.L. SANTA ANA DEL … [Read more...]

Caixabank must pay more than one million euros for failed off-plan ‘Jardines de Manilva’ property development in Estepona, Costa del Sol

In March 2017, the Court of First Instance No.4 in Estepona ordered Caixabank (previously Cajasol) to pay a group of British buyers the sum of 958,275.30€ plus the corresponding legal interest. The properties were not completed on time according to the Purchase Contracts which had been cancelled … [Read more...]

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