April 20, 2020
The judgment, dated March 5, has been notified today, thus demonstrating the partial reactivation of Justice, and dismisses the appeal of the financial entity.
A British family receives, in full confinement, the sentence that dismisses the bank’s appeal against the one issued in the first instance, and that condemned it to reimburse this family the 57,000.00 euros anticipated for a flat purchased from AIFOS in t Casares ( Malaga).
The judgment considers that there is no error in the assessment of the evidence made by the Court of First Instance, since the contract had been resolved prior to the requirement made by the bankruptcy administration for the granting of deed, and there is no violation of the art. 4 of Law 57/68 because, as already stated, the apartment was made available to buyers when they had already called for the resolution.
Applying the doctrine established by the Supreme Court, it considers that the bank is responsible for having guaranteed the amounts received by AIFOS on the works it was carrying out «on different plots of its property».
This sentence could be appealed when the procedural terms are reopened, suspended by the R.D. 463/2020 of March 14, which established the Alarm State.
The same norm suspended the limitation periods that affect this type of matter, which would initially do so on October 7, so the deadline to initiate the claim of any affected party has also been extended. Many families have being affected and they not have started the claim yet. They are still on time to do it.
The SOS Vivienda platform, coordinated by Ley 57 Lawyers, has made available to those affected a free telephone number for information: 900 64 92 90.