Category Archives: Litigation

March 19th, 2010

If you are interested in pursuing a legal claim against Calidona, at their development Corvera Golf and Country Club, for contractual rescission and refund of deposit paid, plus interest and legal fees you can submit the following form. The purpose of this is to know how many buyers in this development would consider joining our Group Claim against Calidona in the understanding that it does not commit them to take up services should they eventually retain a different firm or decide to not act (note that buyers in Phase IV are not included here as legal grounds to litigate are different from the rest of phases and therefore form part of a separate claim ).

Contact Details:






Information on the case is being added to the Corvera Case Home Page.

Thank you

Antonio Flores

March 4th, 2010

Development: Jardines de Manilva

Lawbird lawyers have won a Group Action Law suit in a First ruling against developer Manilva Costa, S.A. on the 25th February 2010 acting on behalf of a group of British clients, who had purchased off-plan property from Manilva Costa, S.A. in well-known development Jardines de Manilva (Manilva Gardens), located in the municipality of Manilva. They all purchased off-plan units through British Real Estate Agency Ocean View Properties (OVP) which has now been legally wounded up in the UK. The judge dismissed claims from Manilva Costa alleging it was only OVP which had received the funds and that they had at no time received any funds from our clients nor were they a party to the Private Purchase Contract (PPC) (!) as they had at no time signed any of the purchase contracts. The developer’s claims were overturned one by one in view of the substantial evidence collated by our legal team whereby the commercial relationship and the roles assigned to each were irrefutably established as well as Manilva Costa’s acknowledgement of having received our client’s stage payments. The judge concluded all the PPC were valid and binding despite not being signed or even acknowledged by the Spanish developer.

The judge went on to rule the Spanish developer had breached the Private Purchase Contract on four different accounts:

  1. Late delivery in handing over the property.
  2. Lack in attaining the mandatory Licence of First Occupation (LFO) which is required to occupy and live in a dwelling.
  3. Lack of promised communal facilities which enhanced the resort’s value (Social Club) as promised in the developer’s glossy brochures.
  4. Non-performance of promised features included within the Private Purchase Contract which resulted in a significant decrease of value of the new build properties (i.e. the built size of units was considerably less, reduced number of bathrooms etc).

Estepona’s lower court has now sentenced the developer Manilva Costa, S.A. to:

  1. Refund our clients their deposits in full amounting to over 400,000€
  2. Pay the legal interests accrued on the said amounts.
  3. Award the legal fees to our clients, meaning the developer will pay for them.

Documents

November 9th, 2009

Following the case recently won by Lawbird lawyers on behalf of a British client against developer Peñarroya, another ruling with positive outcome involving the the same developer has been received in our offices. It is a second and final ruling at Málaga’s High Appeal Court, which has been passed on the 15th October 2009.

Our client had purchased in 2003 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 not having attained from Marbella’s Town Hall what is known as a Licence of First Occupation.

Our client withdrew from the Private Purchase Contract and litigated for a full refund of her deposit. She won the First ruling on the 26th February 2008. This First ruling was appealed by the developer’s lawyers. She has now won a Second and Final ruling on her matter which overturns the developer’s appeal. The High Court has confirmed in its entirety the First ruling whereby she was entitled to a full refund of her deposits (over 80,000€) plus legal interests accrued since early 2005. The High Court has additionally awarded her the legal fees and expenses arising from this appeal which will be paid for by the defendant, developer Peñarroya .

November 8th, 2009

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.

October 5th, 2009

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.

September 15th, 2009

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€.

July 2nd, 2009

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.

June 25th, 2009

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.