Lack of Facilities Prevents Hercesa Dona Julia From Forcing Buyers to Complete

May 5th, 2012

The ruling seemed a logical consequence of a blatant contractual default.

Hercesa Inmobiliaria S.A. has lost a case brought against clients of this firm that intended to force them to complete the purchase of an off-plan property on a property development that was just that, a property development.

Never mind that Hercesa failed to build promised additional facilities, as noted on expensive promotional literature: 3 Golf Courses (2 of which were 18-hole facilities), football grounds, Club House, horse riding premises, restaurants and, if you were still skeptical, a luxury (could it be otherwise?) 6-star hotel boasting business center, spa, gym equipped with
hydrotherapy and several pools.

The Court deemed the intervention of the gone estate agency Andalucian Dream Homes ex-sales rep “crucial”, who swore that selling these units with those brochures was a “piece of cake”.

The Judge addtionally states that, on reviewing a photographic report invoked by the defendants’ counsel (we), the development is far from being in perfect conditions, as a consequence of which article 8 of the Consumers and Users Protection Act is fully applicable.

5 thoughts on “Lack of Facilities Prevents Hercesa Dona Julia From Forcing Buyers to Complete

  1. Anton

    Hi. What was the phase of the development in this case? Is it possible to get the contact details or the name of the lawyer who won this case. Thanks

  2. Justin

    I was a sales rep for Andalucian Dream Homes and I can confirm that I too found it easy to sell at Dona Julia because of the promised facilities including a 6 Star Hyatt Regency Hotel, Golf Academy, Horse riding school, Football Academy & 2 x 18 hole golf courses and 9 hole course. I believed Hercesa and sold one unit to a close friend which I deeply regret.

  3. Patrick

    I could be very interested in the details of the lawyer who represented this case also. Are there any ways to find out the details of this case?

  4. antonio Post author

    The lawyer who represented the customer in this case is Luis González Ordóñez, you can contact him on lfgonzalez at lawbird.com

  5. tony wallace

    @justin,do you have danny’s(the australian guy) who was working at ADH telephone number at all.We lso have court case against hercesa,and was told by luis he is needed in court

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