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El blog de Maria

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

Legal tip 556. Supreme Court for Consumers again.
30 June 2011 @ 13:39

Recent Court decissions.  May 30th 2001, March 8th 2011, March 15th 2010

Consumers protection when buying a house is built on a number of rules which are precedent and subsequent to the signing of the contract . These rules are related to guarantees for precise information on what the purchase object is going to be and which oblige the seller to honor publicity Law in relation to physical and legal characteristics of the house.

Commercial offer (including publicity) implies the right of the consumer to receive out of charge all documents related to this.  The reason for this is mainly that the buyer as a clear representation of the purchase object and the vendor acquires the essential and constitutive obligation of delivering the exact purchase object to the buyer, meeting all included in contract and publicity.

In the case which is analyzed by last Supreme Court decision dated the 30th of May 2011,  the Court says that the promotion was not just for the land but that this included an informative content  and offered a different vision of the urban complex creating on the consumer the expectation of his house and the whole complex being developed in a particular way, which did not finally correspond to the final object.

Importance of publicity in the decision making process of a medium buyer  is higher and higher , as it is also increasing the possibility of a false expectation which will deprive him from the convenience of balancing the convenience of acquiring a house under determined conditions. 


"Golf Club La Alcaidesa", by Luis López-Cortijo 

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Anne said:
30 June 2011 @ 14:38

Excellent! Now we just need the consumer protection to be enforced through an effective system of justice that ensures that judgements are followed through to the point of recompensing the purchaser for breach of contract in a timely fashion.

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