The Provincial Court of Las Palmas has declared the clauses relating to early maturity and the passing on of all mortgage costs to the borrower to be null and void.
- With regard to early termination, the Court considers it to be unfair because it entails a significant imbalance in the rights and obligations of the parties to the detriment of the consumer borrower, is disproportionate and also implies a lack of reciprocity.
- With regard to the nullity of the clause attributing expenses and taxes to be paid by the borrower, Article 10 bis of Law 26/1984, of 19 July, General for the Defence of Consumers and Users, in force at the time the contract was concluded, considered as abusive all the stipulations that had not been individually negotiated and which, contrary to the requirements of good faith, caused, to the detriment of the consumer, a significant imbalance in the rights and obligations of the parties. Read more
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