The contract is terminated and all the money is reimbursed in case of delay in the delivery of property in Spain.
The Supreme Court pronounces and affirms that, in the case of having a delay in the delivery of the property to the buyers, it gives them the right to terminate the contract immediately and to receive the restitution of the money.
The Court declares that the developers are professionals, and it is part of their business risk to have to finish the construction works within the period specified in the contract and they must assume it to the full. At the time of establishing the delivery period of the Property in Spain, they must consider the urban difficulties that may arise and paralyze the works, setting a viable delivery date. The buyer trusts the promises of the developer, for this reason he cannot take the risks and should be protected from them.