Buyers cannot be forced to complete on properties with an “uncertain future” rules court
The Provincial Court in Malaga has dealt a serious blow to developers trying to force buyers to complete on properties with planning irregularities, a common problem in Marbella. The ruling will give hope to many foreign property investors who are trapped in off-plan property purchases of illegal properties in the area.
The court found in favour of an appeal by would-be-buyers of an apartment on the Santa Maria Green Hills golf development in Elviria, Marbella, who refused to complete on their property when they discovered it had been illegally built.
In the sentence, reported in the local daily ‘Sur’, the counrt accepted that the planning irregularities at the development meant that the buyers could not be “forced to honour the (purchase) contract and occupy a home with an uncertain future.”
The lack of a licence of first occupation, not to mention the golf course originally promised by the developers, were further arguments used by the buyers’ lawyer, Carlos Cómitre, and accepted by the court.
As a result, the court ordered Marbella Vista Golf, the developers of the Santa Maria Green Hills golf development, to return all the stage payments of 98,803 Euros to their former clients and pay all their legal costs.
This decision overturns a judgement by a lower court in Marbella that found in favour of the developers, who argued that they were not responsible for planning irregularities in the municipality.