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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 168. 3 odd wonderful numbers in favour of consumers.
Thursday, October 22, 2009 @ 2:36 PM

I always liked odd numbers, but, I have enjoyed  specially  today these ones in this Royal Decree (on consumers’ protection regarding information to be provided on house sales and rentals):

Article 3.


1. The offer, promotion and advertising for the sale or rental of houses needs to be made in a way that will not  induce or mislead consumers, by affecting their economic behaviour, and will  not silence fundamental data of the object under publicity.

 
2. The data, characteristics and conditions related to the building of the house, to its location, facilities, acquisition, use and payment included in the offer, promotion and advertising will have contract nature even if not expressly mentioned in the contract.

Article 5.

 
1. When homes are promoted for sale, the following information will also be available to the public or to the competent authorities…:

(…)

5. In the event that the apartment and common or accessory areas are not totally built shall show clearly the delivery date and the stage of the building works at every moment.

Article 7.

 
In the case that the house is not completely finished, there must be available to the public and relevant authorities a copy of the document or documents which constitutes guarantees of amounts paid on account under Law 57/1968.

Even these regulations being in force since 1989 ( and by Supreme Court Case Law since 1977), developers were not shy at all when describing those paradises full with hotels, gardens, pools, playgrounds, safety systems, sports, commercial, leisure, educational centers… without any sense of real commitment towards publicity.

Again, now the fight is for consumers, a big and hard fight which will certainly bring measure to the off-plan business… in the future.

Autumn leaves in Banyoles ( Cataluña) by PTorrodellas at Flickr.com

 



 



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