March 22, 2022
The Provincial Court of Malaga upholds the appeal of a buyer and condemns the bank that guaranteed the promoter to return the advance amount plus interest.
It is said that “the one who follows gets it”, and that is what has happened to this British woman who in 2003 entrusted all her savings to the purchase of two apartments in Malaga, with the idea that her family could come from vacation and then have a place to live after retirement.
In First Instance Justice waas with the financial entity by considering her as an “investor” (sic), and not applying the protection of Law 57/1968, which since that year has forced developers and banks to guarantee what they perceive as an advance payment of a house under construction and that since 2015 the Supreme Court understands that buyers must be guaranteed.
Today the Provincial Court of Malaga notifies a sentence that revokes that first resolution and understands that “It can be concluded in the case , therefore, contrary to what was concluded by the Magistrate of instance, that the plaintiff has displayed sufficient evidence that she has accredited the own and family occupational purpose without speculative intentions, so the estimation of the reason entails the reversal of the appealed sentence ”
Therefore, it condemns the entity to pay the amount
claimed of 100,128 euros plus legal interest.
In this matter, where the buyer was defended by the legal team of Ley57 57 Lawyers, it is also possible to clarify situations where, due to the small size of the AIFOS apartments, more than one property was acquired to provide shelter for the family during the holidays, establishing a jurisprudence that will benefit hundreds of buyers whose cases are pending trial or appeal.