The doctrine regarding the refund of advanced payments made for housing purchases due to planning reasons.

Judgement of the Civil Chamber of the Supreme Court, 12 September 2016.

The JUDGEMENT OF THE CIVIL CHAMBER OF THE SUPREME COURT of 12 September 2016 establishes the doctrine that: “The legal guarantees offered for amounts advanced for housing purchases regulated by law 57/1968 regarding the receipt of amounts paid prior to the construction and sale of property (currently repealed) and the first additional provision of the LOE, also apply to those cases where the purchase/sale agreement fails to succeed, when this is declared invalid due to vitiated consent whereby the developer-seller has withheld existing construction defects of property development nature from the purchaser”.

 

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