On December 21, 2016, the European Union Court of Justice issued a resolution that represents an important step forward in the fight for the rights of individuals affected by the abuses of “Floor clause” imposed by banks in recent years.
Continue reading COURT OF JUSTICE OF THE EUROPEAN UNION: JUDGMENT OF 12/21/2016, IN RELATION TO THE “RETROACTIVE” RETURN OF THE AMOUNTS PAYED IMPROPERLY IN THE “FLOOR CLAUSE” OF THE SPANISH BANK IN YOUR MORTGAGE TITLE DEED
SAENZ & ASOCIADOS ABOGADOS / LAWYERS, offers you the opportunity to claim the costs of formalizing mortgages: notary deed, administrative expenses, housing appraisal fees, property registration and documented legal acts. A judgment of the Supreme Court of December of 2015 considers null and void the clauses that impose to the consumer to assume the expenses and the payment of the taxes of the formalization of the mortgages. As an example, a mortgage of € 150,000 could be recovered up to € 3,000. Continue reading IF YOU HAVE OR HAVE HAD A MORTGAGE: DO YOU KNOW THAT YOU CAN CLAIM THE FORMALIZATION COSTS?
Buyers who have made payments to Promoters that have become in bankruptcy and, therefore insolvent, are entitled to recover such advance amounts if the Promoter entered these amounts into his Current account (special or not) that had signed with the corresponding banking entities.
Continue reading SUPREME COURT: Spanish banks must return millions to buyers of flats sale, that did not reach construction.
The Courtroom of the Superior Court of Justice of the Autonomous Community of Valencia, Spain, in its recent judgment of 14 September 2016 (Case number 520/2016, rapporteur Olarte Madero), annulling a settlement by the Plusvalía’s tax made by the City of Paterna (Valencia).
Continue reading PLUSVALIA’ S TAX: The deed of sale of a property: “is treated as a legal evidence” to determine the depreciation of its value.
Recently, the Civil Chamber of the Supreme Court extends the risk covered by the guarantee on payments made to the developer and establishes that a home buyer can recover the deposit given to the promoter, if the contract is cancelled for having hidden the seller planning irregularities.
Continue reading The Supreme Court: Civil Section: Ruled on the return of the advance payment for the purchase of housing for urban causes
The Supreme Court (-S.C.-) in its ruling, last July 21, 2016, has seen the action brought by an entity that had been ordered to repay to the applicants the amounts paid, as advance payment, for the transmission of a right of use by turns of immovable property.
Continue reading PAYMENT OF ADVANCES IN THE TIMESHARE PROPERTY IS NULL AND VOID. SPAIN’S SUPREME COURT 21/07/2016