Expat victory

Fecha Publicación: 
14 Junio 2012

Huge court win for wronged off-plan home buyers

Costa del Sol News | Noticia

BRITISH buyers - who were left in the lurch after their builder failed to construct the homes they paid for more than five years ago - have won a landmark victory in the courts.

The judge in the First Instance Court in Hellín, Albacete, found in favour of 47 members of the Finca Parcs Action Group.
Group coordinator Keith Rule said they were 'elated' at the decision. He noted: "It has been a very stressful process and we have endured many years of struggle and effort to defend our rights."

The court ordered both defendants, the developer Cleyton GES SL and bank Caja de Ahorros del Mediterráneo (CAM), to return the off-plan deposits totalling almost 1.5 million euros for houses that were never built at the abandoned Las Higuericas, Finca Parcs development close to Agramón, Albacete.

They also have to pay interest and costs, but have leave to appeal the ruling.

The judge declared the 55 sales contracts terminated due to "serious breaches" by the developer, in particular "the long and indefinite delay in delivery of the properties, the failure to obtain the first occupation licences and the lack of bank guarantees for deposits paid by the buyers". 

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