Homebuyer gets his 62,000-euro deposit back for unfinished flat

The Viñedos del Mar development in Manilva.
The Viñedos del Mar development in Manilva. / L.P.
  • Properties at Viñedos del Mar in La Duquesa were incomplete after the developers collapsed and deposits were not automatically returned to the unhappy purchasers

A buyer of one of the apartments in the Viñedos del Mar development in the La Duquesa area of Manilva has received the good news he has been waiting for since November 2007.

A court in Seville has decided he has the right to a refund on his deposit after the future home went unfinished. Abanca bank, which absorbed Novacaixagalicia, will now have to refund the 62,380 euros he paid.

The buyer bought the flat off plan from developers Duja, now part of the Lábaro group. The completion date was set for late 2007 but the moment never arrived as the company went into voluntary liquidation.

The case, which was heard in Seville (as the developer was based there), centred on the duty of Abanca to pay back the deposit. Abanca had the obligation to protect the customers' money it received under bank guarantees for taking deposits on new developments.

This is not the only example of money being returned to disappointed buyers at the Viñedos del Mar development. In 2015 another buyer had 76,000 euros returned by Abanca after a similar court order.