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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1130. Publicity on facilities and contract cancellation
03 April 2014 @ 18:23

Two recent so interesting judgments , one fom  Tenerife Appeal Court  and another one from Valencia Appeal Court on the typical case when a buyer is offered a lifestyle in the marketing brochures, finding at the moment of completion that just the house is built and the whole lifestyle elements are missing.   


Valencia states  " the primary obligation of the seller is to deliver the product and this  is not limited to just product characteristics included in the contract but also it  extends to anything they had included in the offer , promotion and advertising through brochures or similar documents  ( ... )

This Courts ruled in favour of the buyer for contract cancellation as it found that there has been a substantial change in the object of the contract with regard to both the residential itself and also in regards to the absence of the marina and  the leisure facilities..

Tenerife  takes a lengthy defense of consumer rights in such matters with references to several recent judgments of the Supreme Court: 

SECOND - . ( ... ) In short, the appellant's compliance with its obligations today necessarily entailed the construction of the property  within a complex , and specific facilities and services , these being an intrinsic element of the contract and essential part of the contract ( ...) According to recent judgment of the Supreme Court of July, 2011 which states: " the disputed brochure is not just a soft promotion tool but a marketing offer as it contains objective information related to relevant features" ( ... ) "its importance is unquestionable from the perspective of the integration of the  contract ( art. 1258 CC EDL 1889/1 ) , given their significant impact on the  decission making process or formation of consent . "

Tenerife continues:

We also have to keep in mind:
( a) It was acquired off plan which does not allow to appreciate the lack of veracity of the brochure 
( b ) Valued features as mountain views and ocean  influenced decisively in the acquisition. 
( c ) The requirement of the buyers do not respond to subjective whim
( d ) The contractual good faith requires consistent behavior with the expectations created in the traffic


( ... ) The lack of views does not reduce the use of the dwelling , but frustrates the legitimate expectations of buyers (for all Supreme Court Decission dated  2 April 2011 ) , which would not be offset by a mere compensation.

(.. ) are particularly relevant to the point that having known the actual circumstances buyers would not have purchased the home.


( ... ) The relevance of advertising in the decision making process of an average buyer is increasing

Costa Luz Left

Alcaraz, Albacete, South eastern Madrid, Spain, at facebook.com

 



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