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REAL ESTATE, NEXUS GROUP, INFORMA.

Contradictory Sentences

On October 28, 2017, the plaintiff filed a lawsuit against the lender, requesting the nullity of the aforementioned clause and the restitution of the amounts unduly paid as a result of its application.

After the opposition of the defendant, the judgment of first instance upheld the claim, declared the clause invalid and ordered the lender to pay the borrowers various amounts that they had paid as notary fees, registration of the property and management, plus your legal interests from the date consumers made such payments.

The Provincial Court, partially upholding the appeal filed by the bank, declared the action to claim the amounts paid for expenses prescribed and consequently acquitted the lender, without imposing costs in both instances.

The Provincial Court considered that the initial day for the calculation of the limitation period of the restitution action was the day on which the consumers had made the undue payments, in 1999, so the action was prescribed, as more 15 years old when they filed the lawsuit.

Finally, the plaintiffs filed a cassation appeal against the judgment of the Provincial Court, which is currently known to the High Court

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