Translated from Spanish
A court of Marbella protects a promoter who sold illegal floors
The sentence forces the buyers to fulfill the contract although the work license is annulled by the courts and there is permission of first no occupation. The judge says that it is not possible to be made responsible to the company of the irregularities
08.09.07 – HÉCTOR BARBOTTA
PROMOTION. The urbanization Santa Maria Green Hills, in the zone of Elviria. /JOSELE-LANZATriumph of the promoters in the courts of Marbella. The holder of the Court of First Instance number 3 of the locality has misestimated a demand interposed by the buyers of an illegal floor that refused to notarize the house after knowing that the license of the promotion was going to be revoked by the City council. The sentence considers that it is not possible to be made fall on the company the consequences of the municipal irregularities and forces the buyers to pay the coasts of the process.
The origin of the conflict took place when two British investors who had acquired a house in the residential set Santa Maria Green Hills demanded the promoter of the work, Marbella Vista Golf, to obtain the resolution of the contract by numerous breaches. Between these they mentioned the lack of license of first occupation and the legal situation of the promotion, on whose work license the manager of the City council of Marbella initiated to the last year an investigation of revision of office.
Later, the license was opposed by the contentious route of the administrative one, in a sentence that already has been accepted in the heat of by the City council. The promotion is a set of plurifamiliares houses raised in described ground house to unifamiliar leaned. Part of the construction also occupies ground destined to public roadway and parks and gardens
The buyers also adduced other irregularities, as it does not give of endorsement on the part of the constructor and the fact that the golf course had not been constructed anticipated in the project.
In the sentence, dictated by the Court of First Instance number 3 of Marbella and to which it has had periodic east access, the judge it considers that the possible responsibility that could be derived for the promoter “it has prevented that the buying plaintiffs have to their disposition” the house, reason why considers that the denouncers “have not been themselves affected by those circumstances”. The “circumstances” to which the sentence talks about are the legal situation of the building.
Also, in relation to the lack of a license of first occupation, the judge understands that she is not a breach on the part of the promoter, but, in any case “a delay, imputable, based on the circumstances, not necessarily to the salesman, but perhaps to the City council of Marbella”.
The license of the basic project was granted by the City council the 16 of October of 2002 to South Sema Investments, whose empowered Giovanni is the Italian industralist Piero Montaldo, stopped in the third phase of the “operation Malayan” and imputed by the judge of a presumed crime of bribe. Montaldo also is including in the complaint presented/displayed by the Anticorrupción Office of the public prosecutor by supposedly harmful agreements for the municipal interests. The work license was granted the 28 to him of April of 2003 by the then mayor, Julian Muñoz.
After obtaining the licenses, Montaldo sold the work in construction to the promoter, organization that now maintains the litigation with the buyers.
The affected ones have predicted to resort the sentence in appeal before the Provincial Hearing of Malaga.