It is hard to have total confidence in any legal case it appears, especially when it come so to off plan property deposit refund claims. I have known similar cases have very different outcomes and why? Surely it should be the same! In an ideal world that would be the case of course, but we are dealing with judges that are humans and there are decisions that are taken that are sometimes simply wrong.
In the case that there is clearly a wrong decision taken, there is an appeals process in Spain that can take you all the way up to the Supreme Court. In fact, that is where the legal precedents are set that can then be relied up on later for other similar cases. In a way, it is therefore good to have such decisions that lead to the court of appeal.
There are however costs associated with appeals and these are borne by the person appealing. It should only seem right that these costs are then awarded to the successful side on conclusion of the case. But again that is at the discretion of the judge. I have known some of the people in the group I am with have cases that they appealed and not got costs awarded, and others have got costs awarded.
This will seem to vary from case to case and judge to judge. This can of course make a large impact on the money you can walk away with, so getting a success in the first case is the best situation for the best return with least risk of spending money that you might not get back!
However, we can’t decide which judge takes a look at our case and which one doesn’t. It is the luck of the draw for this. Fingers crossed then you get a reasonable judge or it could cost you time and money with a ‘poor’ one!
Its not fair just to say it is just Spanish judges are unpredictable. I have known this in the UK. They seem to have such power that their decision carries the weight even if it is misguided. In this case an good lawyer is necessary to steer the judge in the right direction of course. With the best lawyers you have the best chance of success, as they are used to working with the lack of predictability and have hopefully anticipated the required responses to get them back on your side!