Category Archives: Litigation

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.

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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.

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€.

Purchaser at Cascadas de las Lomas to Obtain Deposit Refund

August 1st, 2007

Lawbird lawyers have won a First ruling against developer Fabricius GMBH & Co. Development Grundbesitz KG and against Houston Casualty Company Europe Insurance on the 31st July 2007 acting on behalf a British couple.
The client had purchased an off plan property from developer at development Cascadas de las Lomas, Mijas Costa, Málaga. The developer had breached the Private Purchase Contract because of late delivery in handing over the property.

The court sentenced the defendants to refund our clients in full her deposit amounting to 245,681.49€, plus the legal interests accrued.

Aifos to Refund Deposit to Jardines del Rincon Purchaser

June 11th, 2007

On June, 11 2007, a judge has sentenced Aifos to refund a British client represented by Lawbird.

The client had purchased an off plan property from developer Aifos at development Jardines del Rincón, Rincón de la Victoria, Málaga. The developer had breached the private purchase contract because of late delivery in handing over the property.

If this first ruling is not appealed, Aifos will have to refund in full the deposit amounting to 99,217.13€, plus the legal interests accrued.

Lawbird Obtains Moral Damage Compensation from Aifos on Behalf of a Purchaser of Jardines de Torrequebrada

September 12th, 2006

On September, 11 2006 Aifos have been sentenced to refund the deposit to a British client represented by Lawbird.

The client had purchased an off plan property at development Jardines de Torrequebrada, Benalmadena, Málaga. The developer had breached the Private Purchase Contract because of late delivery in handing over the property.

Even though the plaintiff´s petitions were not fully attended to, A.I. has managed to recover her down payments lodged with Aifos in 2002 for a property she never got at the Jardines de Torrequebrada development, plus moral compesation and the legal interests accrued. In all, the Court has ruled that Aifos is to return twice the amount paid by A.I.

The plaintiff is reviewing her options on advice of her lawyer and is considering appealing the ruling to obtain a higher compesantion package.

Update: Our client was refunded 39,452.12€ in total.

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