The court convicted jointly and severally both defendants, the developer Cleyton
The houses were supposed to be built at the abandoned Las Higuericas, Finca Parcs development close to Agramón,
The Judge declared the 55 sales contracts terminated due to “serious breaches” by the developer, in particular, “the long and indefinite delay in delivery of the properties, the failure to obtain the First Occupation Licences and the lack of Bank Guarantees for deposits paid by the buyers”.
The Judge also stated that
This was revealed in a press release issued by FPAG which also said the judgment orders the payment of interest and costs.
In the sentence the Judge states that, “this is not just a simple delay in the delivery of the housing but in this case it can be considered as an excessive delay that has obstructed the very purpose of the contract and broken mutual good faith”.
The Judge quotes the testimony of the Action Group’s coordinator Keith Rule, who himself paid over € 53,000in off-plan deposits to
The Judgment states expressly that “the lack of the First Occupation Licence is attributable exclusively to the developer” and that the lack of Bank Guarantees is also “cause for termination of the contract, since it is an obligation of legal and mandatory character”.
Jaime de Castro, the lawyer for the Finca Parcs Action Group said he was pleased with the ruling yesterday, and stressed that:
“It is technically flawless; it analyzes all the points, leaving no gaps and has forceful arguments that make it difficult to challenge. So I think that ultimately my clients will receive their refund in this case”
As in any First Instance Court decision the defendants have the right of appeal.