http://www.eyeonspain.com/blogs/costaluz/3204/legal-tip-245-newest-regulations-on-consumers-protection-i.aspx
Legal tip 245. Newest regulations on Consumers Protection I
22 March 2010 @ 10:05
Consumers forces in Europe are pressing our national legislation to european, commun standards. Good!
From today on, I am writing a number of articles which may apply to your case against a developer in Spain, based on the publicity they produced. They are all abstracts of very recently passed Law 29/2009 which modifies Loyal Competency and Publicity regulations for a fuller protection of Consumers and Users:
In relations with consumers and users, those conducts of a professional employer which are contrary to professional diligence, are deemed contrary to the requirements of good faith.
Proffessional diligence is the level of competence and care expected of an employer following the practices of a honest market. Are against good faith, those practises which distort or may significantly distort the economic behavior of the average consumer or the average member of the target group practice.
Distorting the economic behavior of the average consumer means using a commercial practice to appreciably impair his ability to take a decision with full knowledge of the facts, thus making a decision on their economic behavior that would otherwise would not have taken.
Commercial practices which can reasonably foresee the economic behavior of a clearly identifiable group of consumers or users particularly vulnerable to such practices and the good or service to which they relate, due to filing a disability, have affected their ability to comprehend or due to age or credulity, will be assessed from the perspective of the average member of that group.
Sanlúcar de Barrameda ( Cádiz) Beach by H. Sánchez at Flickr.com