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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 706. Spanish Supreme Court and publicity on properties
20 February 2012 @ 12:16

 The recent Court decission of  Supreme Court dated July 2011 on binding character of publicity has two important  precedents by the Supreme Court in the March 15th, 2010 and March 8th, 2001 Court decissions according to which:

"The defense of the consumer in the purchase of a home, is articulated through a set of rules regulating all the  activity  previous and posterior to the contract with the objective of ensuring accurate information on what it will be the object of the sale and that will require the seller to conform to current  Publicity law and produce a truthful and not misleading publicity, in particular regarding physical and legal  features of the house".

"The seller assumes an essential and constitutive obligation to deliver the contract object  including all what is offered in the specifications and publicity material, which are part of the contract".

"The relevance of publicity in the decision-making process of an average buyer is increasing, and it is also greater the possibility of creating false expectations and the possibility of consumers being deprived of the opportunity to weigh the convenience of buying property under certain conditions"

"The truth is that the seller did not deliver to the purchasers everything contained in its publicity documents and this caused them a damage" 

Benamahoma (11)

"Benamahoma (11)", Cádiz, Spain, by Fabri Olmedo, at flickr.com



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