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News
09/03/2010
CBL Lawyers - Double sale. Compensation for damages in favor of the first purchaser.
Important Court Order has been received by Lawyers in our Firm, in favor of one of our Dutch clients.
Our Spanish Lawyers were successful on a case on the First Instance Court Nº 1 Denia. Our client had obtained a piece of land and then requested the construction of his property for a set amount of money. All of these were contracted with the same vendor. When the vendor was about to terminate the building works, the builder demanded more money for the extra works; which he alleged had been ordered.
When the Dutch National was not our client yet, he filed a case against the builders, where he was not successful and was ordered to pay the demanded amount. Their working relationship was already bad, but to top it all, the vendor sold the property to a third party on good faith. So the Dutch National, filed Criminal proceedings for Fraud; but he was not successful then either. After that, he came to our Law firm and we advised him to file a case claiming a compensation for damages, as the property had been sold without his notification or approval. As the property had been sold to a third party on good faith, our actions would not be to make the property transaction null, as the good faith of the third party is protected. Therefore, our Spanish Lawyers from our Spanish Law Firm filed a claim against the vendor and other members of his family; as we found that the property had been transferred to one another. The Defendants stated our client knew about the situation and that they sold with his authorization. Apart from that they claimed the payment of an important amount, as they claimed to have proof of extra works to sell the property for a better price. Our Spanish Law Firm proved, with an Expert’s report we requested during the process, on the one hand, that some works had been carried out according to the initial contract. On the other hand, we proved that the supposed building works were not valued what they pretended to claim. So, the Judge found that the sale of the property had not been done with our client’s consent. Although the purchase/sale transaction could not be made null, the Judge ordered to the defendants to pay an amount stated by the Expert, which was the value of the property on the date it had been wrongfully sold by the Defendants, as a compensation for damages. It is important to point out that the valuation of the compensation has been the price the property had been sold for on the date this event took place. Our client had come to our office a few years later. Despite he wanted the valuation at a current date.
Our Spanish Lawyers convinced him that it was not possible; as the years could not be charged to the Defendants. The Judge considered it the same form we did; and so quantified the damage as the amount the property had been sold.
Should you require further information, please do not hesitate to contact our Spanish Lawyers.
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