Bad news, folks.
This hearing was an appeal of an appeal of a case that we initially won way back in October 2006 against MVG. We had bank guarantees, and good legal arguments (illegal build, no LFO, build not as promised in the contract, late completion, you name it…) and an excellent lawyer. After our winning the case, the bank paid the money into the court but immediately appealed. The appeal was set for six months later, May 2007, but was then postponed for a further 5 months. This time we have lost.
The reasons given are that insufficient documentary evidence was produced by our lawyer to prove that the apartments weren’t ‘finished’, and also because not having an LFO is not enough reason to cancel the contract. This is in spite of the fact that 20 pages of documents were produced by our lawyer including some reports from Marbella´s Town Hall to show the licence was illegal, and he asked their architect from the Town Hall to go to Madrid and declare as witness on our behalf.
“He was in the Court and declared :
“licence was illegal”
“Urbanization was illegal”
“in April 2006 (6 months after the moment they should give you the apartments) urbanization was empty and works were unfinished”.”
IN GOD’S NAME WHAT DOES IT TAKE TO GET JUSTICE IN THIS ROTTEN STATE OF SPAIN ??
Words fail me!!!