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Another Positive Ruling at La Reserva de Marbella

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 .

Case won at la Reserva de Marbella

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.

Another Case Won at Balcones de Riviera

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.

Aifos Sentenced to Refund Four Times the Deposit to Purchaser at Balcones de Riviera

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€.

Promaga Sentenced to Refund Deposits to Buyers of San Roque Club

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.

Aifos Sentenced to Refund Deposits for Seven Off Plan Properties

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.

Breakthrough Ruling Against Developer Peñarroya

May 22nd, 2009

Lawbird Legal Services has obtained another successful final ruling litigating on behalf of 20 British and Irish clients in a class action law suit against renowned Marbella developer Peñarroya.

All clients had purchased off-plan units on the well-known development La Reserva de Marbella in Elviria, Marbella East. Málaga’s First Court number one in its ruling of 2008 had sentenced Peñarroya to refund its 20 clients their full deposits. Peñarroya appealed through their lawyers this first ruling which then went on to be heard at Málaga’s High Appeal Court.

The Appeal Court has now confirmed the first ruling sentencing Peñarroya to pay for the full legal fees of the plaintiffs plus the accrued legal interests on their deposits besides of course refunding their deposits in full.

Lawbird Obtains Refund on Behalf of 17 Clients of Developer Lar Sol

May 14th, 2009

Mr Luis Fernando Gonzalez Ordoñez from Lawbird secured successfully the deposits of seventeen clients who had purchased in the Estepona development named Santa María, by developer Lar Sol, after initiating the bank guarantees execution procedure.

Prior to retaining Lawbird’s legal services these clients had been waiting for over a year to be refunded due to a breach on late delivery of the property. In less than three months Mr Gonzalez assisted by Mr Raymundo Larrain Nesbitt managed to recover their full deposits with the legal interests accrued. In total over €700,000 recovered which have already been safely transferred to our clients.

About half our clients have decided to carry on with the court procedures to demand from Lar Sol a compensation of 50% of their deposits. The developer, by means of a clause in the private purchase contract, agreed to compensate purchasers with this amount if they could not deliver the properties on time.

Case Won Against Aifos on Behalf of Buyer of Calahonda Hills

December 23rd, 2008

Lawbird have won a first ruling against developer Aifos on the 22nd December 2008 acting on behalf a British client.

The client had purchased an off plan property from developer Aifos through real estate agency Ocean View Properties (OVP), which are now in receivership, at development Calahonda Hills, Mijas, 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 client in full her deposit amounting to 60,697€, plus the legal interests accrued.

Court Case Won Against Aifos at Riviera del Sol

June 17th, 2008

Lawbird have won a First ruling against developer Aifos on the 16th June 2008 acting on behalf a British client.

The client had purchased an off plan property at development Riviera del Sol at Mijas Costa, 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 client in full her deposit amounting to 29,489€, plus the legal interests accrued amounting to 7,191.45€, plus compensation for the moral damages inflicted and loss of wealth amounting to a further 40,000€. In total Aifos must pay her 76,681.45€.