Contract Quality Speciation

 

Hello

I wonder if you could help, we are buying a property from large builder in Murcia, before agreeing to buy this off plan property we were shown around another complex they had built in Murcia. In the show apartment it had air conditioning installed and during the visit I asked if air conditioning would be installed in the new apartments as standard, I was told that it would be.

The following day we agreed to buy one of the off plan apartments and signed the contract and were given a copy.

In the quality specifications section, which is a signed part of my Contract, it clearly states under the section Air Conditioning and Heating “ Air conditioning pre-installed” which we took to mean that air conditioning was included which was in line with the information we had been given verbally by the representative. The builders now are saying that the term Pre-installed only means that the basic pluming and electrics are provided and not the full system.

Please can you advise me if it is reasonable for us to have considered air conditioning would be provided and if we Pursue  this are we likely to succeed in having the air conditioning provided as slandered?

Many Thanks

Phil

This message was last edited by PGM on 4/25/2008.

My only knowledge is gleaned from hours of reading forums and studying property sites,also an inspection visit.

I can understand how you came to that conclusion but I have learned to read etween the lines and frankly I don't think you have a leg to stand on. I hope everything works out for you and that you enjoy Spain.

Hi PGM,

Unfortunately you answered your own question in your post.

You were TOLD that it would be included,(roughly translated,someone told you porkies!!!!!)

It states in the contarct pre installed,(thats what you will get and has been promised in a legal document)

Regards

Georgia

PGM if you bought direct from the developer you will probably not get full air-con as promised.

If, however, you bought through an agent, they will be makeing enough commission to put in the air-con for you free of charge.

My advice is always use a good agent. Developers don´t knock anything off if you buy direct. But agents will or at least should be prepared to throw in air-con, furniture pack or other goddies as a thank you for buying through them.

If an agent doesn´t do this or at least agree to do it if you ask, then walk away and find one that does agree and make sure they smile when asked and also put it in writing.

Sorry am I missing something as I though that Pre-Installed meant Previously Installed, which is the same as:

Previously = (in the past, earlier)

Installed = (put in, set up)

Or that’s what my dictionary says

In Spain "pre installed", regarding your aircon, means the wiring & piping. We had "pre installed" in our villa (just wiring & piping) & bought our units. I can understand how you believed you are getting the units though if you didn't understand the terminology. There's not many souls on EOS who haven't been duped/led on by an agent or builder in some way, shape or form.

PGM, if you look at resale properties, some agents will advertise them as - Fully Airconditioned or Aircon throughout .  Some may advertise as part airconditioned, this means probably master bedroom and lounge has aircon.  Then you will see Pre-instalation for aircon.  This means it is ready to install the aircon units, with power and or ducting to move cool air into the rooms from a master unit.

You can pick up cheap air-con units from Eroski 599€ per room or perhaps fit a master unit if you have ducting. A master unit could cost around 1800€.

I would try to have it for sure. The description is misleading and that is against Consumers Law. Have they met the contrat completely? If not, you can alternatively, ask to have the Air Conditioning units as a compensation.

Best,

Maria