The Provincial Court of Murcia has dismissed the appeal filed by BBVA and concluded that the floor clauses of the business premises may be canceled when the use of the premises is “non-commercial” or “non-commercial”.
This trial analyzed the use of the premises acquired by a couple in July 2008 when the deed of mortgage loan was signed. According to the lawyer of these people, Magdalena Rico, in the text of the deed it was said that the place was not affected by any professional or business activity and the consumer was obliged not to vary their destination, without the authorization of the bank.
The bank itself acknowledges that this statement in the deed confirms the fate of the loan and an act of consumption, but maintains that there are other tests that distort it. However, for the magistrate the evidence referred to by the bank is limited to a series of unilateral documents and the testimony of the bank employee who managed the operation, in addition to the loan deed, which has no special probative weight. be linked to the BBVA.
According to the judge, what is decisive is “the purpose at the time of signing the contract” and it is evident that the premises were not affected by any business activity, and it was not possible to vary their destination without express authorization and communicated in writing to the bank; change that does not appear. The one that could in the future be applied to the business, as a hypothesis, is not enough. But also, says the resolution, we can not lose sight of the fact that the loan deed was written according to the bank’s minutes and that the bank reserved the power to authorize the change of destination of the premises.
The lawyer who has taken the interests of the plaintiff marriage, Magdalena Rico Palao of the elimination platform, explains that the Court has followed the line of argument of the Supreme Court and recalled that consumers have the right to request the nullity of their floor clause, although the either mortgaged a local or a site, provided that said assets are not used for an industrial or business purpose.
