The law in not the ass in these cases, it’s the judges who are.
And they don’t have to prove anything – they just give their ruling, even if it does go against their own laws and basic human rights.
The building licence is suspended because the developer failed to build according to the PGOU and obtained the licence by bribing someone who is now in jail?
“No problem. Complete and by the way, I order you to pay the developer’s legal fees while you’re at it”.
Don’t want to complete on a build with a suspended building licence that has no LFO?
“No problem, I hereby state it has one via the Administrative Silence rule, so complete, that is my ruling!
And HA! Don’t think you can take this to a higher court. As this is your appeal and the amount is under 150,000 euros you have no right to take this any further”.
Town Hall architect, as a witness, is saying “but we deem this an illegal build, there should only have been townhouses, not blocks of apartments. We have revoked the building licence and will not issue an LFO until we have a judicial review. It goes against the current PGOU until the new one is finalised”.
“Look, I’m the judge here, you are wrong in my view so am disregarding anything you have to say”.
By law you should have had a Bank Guarantee which was never issued?
“So what! As far as I’m concerned, this developer has not breached any contract”.
End of matter for the poor purchaser who has to complete now otherwise the developer can now sue him for …………………. breach of contract!
There are the laws to protect people during the puchasing process, but people’s rights within these laws are being abused in court in many cases such as the one above.