Buyers must complete purchase of Costa del Sol apartment

Four British buyers of a property regarded as illegal by the Junta de Andalucía have been told they will not be given a refund on their deposits and must complete the purchase now that the home has been granted planning permission.

The buyers paid over €103,000 as a deposit on the property developed by Marbella Vista Golf S.L on the urbanisation Santa María Green Hills, in Elviria Sur. The buyers should have been given the keys to their new holiday apartment in January 2006, however as the development was granted planning permission by the then corrupt Marbella council, the full transaction was not completed.

The would-be buyers tired to claim back the money that they had already placed as a deposit and the case was taken to court. This week the court ruled in favour of the developer ruling that the fact that the property was not completed on time is not the company’s fault. The court also stated that any irregularities in the planning permission granted by the Town Hall cannot be attributed to the developer.

The British buyers must now pay all the court costs as part of the ruling, but do have the right of appeal to the provincial court.