Lawbird lawyers have won a First ruling against developer Peñarroya on the 13th October 2009 acting on behalf of a British couple.
The clients had purchased an off plan property from developer Peñarroya at well-known development La Reserva de Marbella, Elviria, Marbella East, Málaga Province. The developer had breached the Private Purchase Contract because of late delivery in handing over the property and lacking the mandatory Licence of First Occupation.
Our clients withdrew and litigated for a refund with a favourable outcome. The clients were however countersued by Peñarroya for non-completion. This ruling overturns the developer’s lawsuit in favour of our clients and confirms the prior ruling in our client’s favour. The court sentenced the plaintiff, developer Peñarroya , to refund in full to our clients the legal costs arisen from this counter lawsuit.
admin Litigation La Reserva de Marbella, Peñarroya
A new case against Aifos has been won by Lawbird lawyers, the 23rd of September 2009. The judgedment is a first rulling on a cancellation of constract case initiated on behalf of a British couple. The development involved is again Balcones de Riviera in Benalmádena (Málaga). The developer had breached the Private Purchase Contract because of late delivery in handing over the property.
The court has sentenced Aifos to refund our clients in full their deposit amounting to 46,458.19€. On top they have been awarded as well interests (5,326.95€), moral damages (3,000€), and a further amount as lost profits (28,598.50€). Additionally the estate agent who sold them the off-plan property has also been sentenced to refund our clients their commission (5,391€) plus the legal interests accrued.
admin Litigation aifos, Balcones de Riviera
Lawbird lawyers have won a first ruling against developer Aifos on the 10th of September 2009 acting on behalf of a British client.
The client had purchased an off plan property from developer Aifos at development Balcones de Riviera, in Mijas, Málaga. The developer had breached the Private Purchase Contract because of late delivery in handing over the property.
The court sentenced Aifos to refund in full his deposit amounting to 36,700€. In addition to his deposit, the law court has ruled he is entitled also to a significant compensation as well as the legal interests accrued which amount to a further 105,321.61€. This ruling entitles him to a total refund of 142,021.61€.
admin Litigation aifos, Balcones de Riviera
Lawbird lawyers have won a first ruling against developer Promaga on the 22nd June 2009 acting on behalf of a British couple. The court has sentenced Promaga to refund our clients their deposit in full, which amount to 191,316€, plus the legal interests accrued. Additionally the judge has awarded the legal fees to our clients.
The British couple had purchased an off plan property at development San Roque Club in Cádiz. The developer had breached the private purchase contract because of late delivery in handing over the property.
admin Litigation Promaga, San Roque Club
Lawbird lawyers have won a First ruling against developer Aifos on the 11th June 2009 acting on behalf a British client.
The client had purchased seven off plan properties from developer Aifos in three different developments: Las Caballerizas in Mijas, Cortijo de Torreblanca in Fuengirola and Balcones de Roquetas, in Roquetas del Mar (Almería). The developer had breached the private purchase contract because of late delivery in handing over the properties.
The court sentenced Aifos to refund the purchaser her deposit in full, which amounts to 218,965€, plus the legal interests accrued, as well as sentencing Aifos to award the legal fees to our client.
admin Litigation aifos, Balcones de Roquetas., Cortijo de Torreblanca, Las Caballerizas
Lawbird Legal Services has obtained another successful final ruling litigating on behalf of 20 British and Irish clients in a class action law suit against renowned Marbella developer Peñarroya.
All clients had purchased off-plan units on the well-known development La Reserva de Marbella in Elviria, Marbella East. Málaga’s First Court number one in its ruling of 2008 had sentenced Peñarroya to refund its 20 clients their full deposits. Peñarroya appealed through their lawyers this first ruling which then went on to be heard at Málaga’s High Appeal Court.
The Appeal Court has now confirmed the first ruling sentencing Peñarroya to pay for the full legal fees of the plaintiffs plus the accrued legal interests on their deposits besides of course refunding their deposits in full.
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admin Litigation La Reserva de Marbella, Peñaroya
Mr Luis Fernando Gonzalez Ordoñez from Lawbird secured successfully the deposits of seventeen clients who had purchased in the Estepona development named Santa María, by developer Lar Sol, after initiating the bank guarantees execution procedure.
Prior to retaining Lawbird’s legal services these clients had been waiting for over a year to be refunded due to a breach on late delivery of the property. In less than three months Mr Gonzalez assisted by Mr Raymundo Larrain Nesbitt managed to recover their full deposits with the legal interests accrued. In total over €700,000 recovered which have already been safely transferred to our clients.
About half our clients have decided to carry on with the court procedures to demand from Lar Sol a compensation of 50% of their deposits. The developer, by means of a clause in the private purchase contract, agreed to compensate purchasers with this amount if they could not deliver the properties on time.
admin Litigation Lar Sol, Larsol
Lawbird have won a first ruling against developer Aifos on the 22nd December 2008 acting on behalf a British client.
The client had purchased an off plan property from developer Aifos through real estate agency Ocean View Properties (OVP), which are now in receivership, at development Calahonda Hills, Mijas, Málaga. The developer had breached the Private Purchase Contract because of late delivery in handing over the property.
The court has sentenced Aifos to refund our client in full her deposit amounting to 60,697€, plus the legal interests accrued.
admin Uncategorized aifos, calahonda hills, ocean view properties
Lawbird have won a First ruling against developer Aifos on the 16th June 2008 acting on behalf a British client.
The client had purchased an off plan property at development Riviera del Sol at Mijas Costa, Málaga. The developer had breached the Private Purchase Contract because of late delivery in handing over the property.
The court has sentenced Aifos to refund our client in full her deposit amounting to 29,489€, plus the legal interests accrued amounting to 7,191.45€, plus compensation for the moral damages inflicted and loss of wealth amounting to a further 40,000€. In total Aifos must pay her 76,681.45€.
admin Litigation aifos, riviera del sol
A first ruling against developer Grupo Mirador on the 17th January 2008 has been won by Lawbird acting on behalf a British client.
The client had put a deposit for an off plan property from developer Grupo Mirador through real estate agency Palmera Properties, at development Mirador Linked Villas, Antequera, Málaga. The developer had breached the Private Purchase Contract because they had swapped unilaterally, without giving prior notice to the purchaser, the dwelling that was being sold to him.
The court has sentenced Grupo Mirador to refund our client in full his deposit amounting to 15,985.87€, plus the legal interests accrued.
admin Uncategorized grupo mirador, mirador linked villas, palmera properties
