BALANCE: That´s the ultimate reason for our beloved fights on protection of consumers rights for those who bought off plan during the real estate boom.
There was no care for consumers rights , standards, good practices those days... not just because developers or banks ( the counterpaties, the selling forces), were not interested on that but also because buyers themselves were somehow trapped by the enchants of future possible benefits if reselling. When buying those days, the analysis was not legal but commercial in most of the cases.
Anyway, whatever the mind of the consumer was busy about those past days, the force of the market is always stronger and individual buyers are always in a position of weakness, that´s why consumers law was enforced and developed more and more during the last consuming decades.
Undefined starting and completion deadlines, no explicit reference to work license or registral plot, no communication on the progress of the building work, lack of Bank Guarantees or insurance policies, no communications of delays with the offer of an option between cancelling or extending with compensation as Law 57/68 establishes..... none of these existed. I think they were not even missed.
But it is not still too late: with proper legal actions at hand ( either for cancellation) or COMPENSATION: price reduction due to breaches by developers , conducted by a good lawyer with good knowledge of Consumers Law, it is already possible to restore the balance of the contract relationship for the benefit of all.
This is the same as saying that you could end up buying your home in the sun at a balanced price with full safety and rights at hand. Golden days are here finally. We are seeing some of our clients buying their properties at reduced prices with full legal safety in the same developments they bought many years ago at exorbitant prices and through a contract full of abusives and illegal clauses: we are reaching our dream.
That´s why we call our most performed legal/ judicial action: the restore action.
You can read more on this action by clicking on here and here
Have a great weekend. It is Feast Day in Algeciras today.
Enjoy your simplest wonderful things!
Maria