THE SUPREME COURT OF JUSTICE PRONOUNCES THAT A FUNDAMENTAL BREACH OF CONTRACT EXISTS UPON THE LATE HANDING OVER OF A PROPERTY (SUPREME COURT SENTENCE OF 16TH NOVEMBER 2012)

On 16^th November 2012, the Supreme Court of Justice passed sentence following the high court appeal filed by the company EASY LOFT, S.L.

The action derived from the termination of the purchase and sale contract of a real estate property. According to the buyer, a fundamental breach of contract had occurred upon the delay of handing over of the property by the seller, with the consequent application of article 10124 of the Civil Code. Said delay arose from not having obtained the first occupancy certificate for the property.

The defendant alleged that the delay occurred for reasons beyond his control, and believed that the principle of upholding acts-in-the-law should be applied to the case in accordance with article 1284 of the Civil Code.

Finally, the Supreme Court of Justice pronounced that a fundamental breach of contract had occurred and that there were no grounds for the delay resulting in reasons beyond the control of the seller.

 

 

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6^th of December 2012