Marbella buyer wins back €11,000 deposit


A MARBELLA woman has finally got her €11,000 deposit back after a 10-year wait for a new house, which turned out not to be the one she had bought off plan.
Ausbanc legal firm representative Alfredo Martinez Muriel explained that their client paid €11,406 as a deposit in 2004, but construction was halted due to the financial crisis and the project was later handed over to another company.
Then in June 2013, she was pushed to sign papers for another property, as the one she had wanted was one of five that had been struck off the project during modifications demanded by the town hall.
Now a Marbella court judge has decided that although the wait in itself was not sufficient reason to annul the contract, the fact that it was not the same property was.
Although the contract stated that the initial project could be modified, the judge said that there was a limit to the changes that could be considered reasonable and the layout of the new home was completely different to the one the woman had agreed to buy.
“It is obvious that there are big differences between the two homes, therefore the defendant has failed to meet the contract,” he said in his sentence.


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