Has anyone heard of this Polaris World lawsuit?

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14 Oct 2008 12:00 AM by LindaD Star rating. 2 posts Send private message

A good friend of mine bought two 2 bed apartments offplan on the Polaris World sites. The first in La Torre and the second in El Valle. His contracts state that the sites would have various shops, restaurants, hotel etc. Both apartments have been finished (unlike alot of others I've heard about) and the La Torre site has had the 'Town' completed so no problem there.

However, the El Valle site (the more expensive of the two) has none of the promised amenities and no sign of work even starting on the 'town'.  He has heard that a few of the owners of properties on this site have started a lawsuit against Polaris World for non fulfillment of the contract and would very much like to hear from anyone involved or who knows anything about it.

If anyone has any information about such a lawsuit, please let me know on this forum so we can exchange contact details.



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31 Oct 2008 8:52 PM by joeblog Star rating. 13 posts Send private message

i have heard of it on various sites looks like things are really snowballing here about time!!!



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31 Oct 2008 9:30 PM by LindaD Star rating. 2 posts Send private message

Don't suppose you can point me in the direction of the sites mentioning it? My friend has found it impossible to either rent or sell his apartment because of the lack of 'town' that was promised. Aparently there's an owners meeting for El Valle being held at the La Torre resort on Nov 14th but he can't get there. Are you an El Valle owner?



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03 Nov 2008 11:39 AM by joeblog Star rating. 13 posts Send private message

Hi Linda i meant sites in general i,m not El Valle Owner but at Hacienda Riquelma owners are having the same problems even worse, on the clients site polarisworldforum.net first type  and go to the resort and click on the relevant icon and you will see many remarks/advice etc the problem is that in the contract it does not state that you receive the town centre the contract is just for the property even though in all the brochures this was promised. Therefore i suggest get together with other customers and protest this way i,m not sure if any success is guaranteed, the same will happen at  Condado guaranteed.





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03 Nov 2008 11:40 AM by joeblog Star rating. 13 posts Send private message

Hi Linda i meant sites in general i,m not El Valle Owner but at Hacienda Riquelma owners are having the same problems even worse, on the clients site www polarisworldforum.net  and go to the resort and click on the relevant icon and you will see many remarks/advice etc the problem is that in the contract it does not state that you receive the town centre the contract is just for the property even though in all the brochures this was promised. Therefore i suggest get together with other customers and protest this way i,m not sure if any success is guaranteed, the same will happen at  Condado guaranteed.





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03 Nov 2008 11:45 AM by joeblog Star rating. 13 posts Send private message

Linda, when you get to site click on right hand side "topics from past 60 days etc otherwise the site is hidden, then all the subjects pop up.





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03 Nov 2008 9:21 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar
Features included in publicity are part of the contract. It is very clear!

http://www.eyeonspain.com/Secure/articles/article.aspx?article=/publicity-contract.aspx



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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04 Nov 2008 12:08 PM by joeblog Star rating. 13 posts Send private message

ok, i,m not sollicitor if this is the case good news for clients.



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04 Nov 2008 12:27 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Publicity - Part Of The Contract

 

Legal SpainAre you buying a house and the unit does not correspond to the advertised one?

The following article explains the legal grounds that allow requiring the correspondence of the contractual object with the object offered by means of any kind of advertisement.

The article 3.2 as well as the article 3.1 of the Royal Decree (RD) 515/1989, April 21, about Protection of Consumers in the moment of providing the information while sales contract and dwelling renting defends the principle of honesty in the matters of offer, promotion and advertising of rent and sales properties, prohibiting the deceitful advertisement.  

The article 3.2 is valid in all the territory of the State and it can not be ignored by the Autonomous Communities, which have assumed the full jurisdictional capacity of defence of the consumers and users in accord with the additional clause 2.RD 515/1989, April 21, 1989.

In its turn, the article 3.2.RD 515/1989, April 21, 1989 extracts the consequences from the mentioned principle on having established, that the buyer or the tenant of a dwelling would be able to demand as much information, characteristics and conditions relative to the construction of the dwelling, its place, services and facilities, acquisition, use and payment, as there were included in the offer, promotion and publicity of the same ones, “even if they do not appear expressly in the celebrated contract.  With general character, this article supports and expands the Law 26/1984 from July 1984, which proclaims, that the content of publicity would be exigible by consumers and users even if it does not appear expressly in the celebrated contract, document or received voucher.

We can not help mentioning the Judgment of the Supreme Court (JSC), ( source of Law in Spanish Legal System) Courtroom num.1 from January 27, 1977, already classical in this matter, with its argument of the same compulsory force of the exposed in the offer, publicity or propaganda in general.

The article under discussion is the result of the reiterated jurisprudential doctrine, according to which, the promotion of the selling of housings is not fulfilled delivering only the housing, as when the buyer takes possession of the same one, but this obligation also spreads to the rest of the incidental elements, with which the housing is being defined in the contract, and even in the papers given to the buyer before the signing of the contract, such as plans, publicity, building specifications or project of execution, papers, that is necessary to understand,  that form a part of the contractual content.

In this way, it is confirmed that the seller has an obligation to fulfil the exposed in his advertising brochures, since the influence of publicity is essential in the moment, when the consumer decides whether to buy. Due to this fact, the content of publicity forms a part of the contract (JSC, Courtroom num.1 of November 8, 1996 and JSC, Courtroom num.1 of June 15, 2000, between others). JSC, Courtroom num.1of July 21, 1993 indicates, that the building company must finish the construction so, that it should assemble the characteristics offered publicly to future buyers.

The doctrine explained here allows stating that the project of execution plays an objectively important role for the promoter/seller each time, when it performs the descriptive function of the contractual object, since it makes compulsory for the promoter to construct the sold dwellings in accordance with it. This is the compulsory force of the project, as of the document of reference, which would derive from the arranged in the article 2 of the Law 26/1984 of July 19, 1984, that defends the information as basic right of the consumer. And the article 8 of the Law 26/1984 of July 19, 1984 recognizes the compulsory force of the offer, promotion and publicity.

The RD 515/1989 of April 29, 1989 expands this regulation about protection of the consumers, because it indicates, that at the moment when lease or sales contract of a dwelling is being signed, the information, characteristics and conditions relative to the contracting of a dwelling, which find place in the offer, promotion and publicity would be exigible, even if they do not appear expressly in the celebrated contract. Judgment of Regional High Court of Guadalajara, 10 of April, 2003. 

Really, the jurisprudence has repeatedly commented on the effects of publicity in determining the compulsory content of the contracts. And it affirms, that publicity of an object, especially, if the object still does not exist, forms an essential part of the offer, as it is recognizable by the doctrine and proclaimed by the article 8. Law 26/1984 of July 19, 1984, a General Law for the Defense of the Consumers and Users, which generates responsibility of the offerer. JSC, Courtroom num.1, on the 1st of September 29, 2004.

By continuing we give you another example supporting the statement made above.     JSC, Courtroom num.1 of November 8, 1996 affirms, that knowing the compulsory force of publicity, the General Law for the Defense of the Consumers and Users and general articles about obligations and contracts,  Regional High Court had no right to ignore the thirty five brochures of the advertising, that were received together with the court files. And if the Regional High Court had borne in mind these brochures, its evaluation of the proof results to be, when less, illogical, since the brochures are documents, that contain advertising activity, with the intention of attracting the clients, and a true offer is being clearly constituted on their pages.

As the Regional High Court failed to understand it in this way, it infringed the article 57 of the Code of Commerce, the principle of the good faith and the article 1283 of the Civil Code (CC), because the publicity forms part of these contracts. In opposite case, it should have been expressively said in the contracts, that the content of the advertising brochures remained outside the contract. To come to this conclusion, it is not necessary that the promoter would have made use of trick or fraud, since the article 8 of the Law 26/1984 of July 19, 1984 does not require this. The indicated article becomes infringed too, specially bearing in mind, that the interpretation is related to the RD 515/1989 of April 21, 1989.

The mentioned JSC, Courtroom num.1 of November 8, 1996 puts into interrelation the next assumptions:

- JSC, Courtroom num.1 of January 27, 1977, which protects the buyer or buyer of a flat who, on having given his conformity in the acquisition, " was guided by " the printed leaflets of propaganda spread by the building company ", since " the private contract signed by the parts was very sparing in descriptive elements, and it was logical ... that the buyer of the flat relied on the promised in the brochures of propaganda, in accordance with the principle of good faith proclaimed in the article 1258 of the CC, and believed in their content, finding it compulsory for the company”, moreover, the planes were in tune with the public line of promises and with the requirements of town planning.

- JSC, Courtroom num.1 of February 19, 1981 , which estimated that the sports ground and the swimming pool were included in the contract since “the public offer of the sale included them” and what have served without any doubt as public and general offer, and as long as it is not expressively excluded, remains estimated as a base of this offer, and therefore in noway it supposes an erroneous interpretation of the article 1253 of the CC in relation to the article  1283 of the CC.

-JSC, Courtroom num.1 of April 5, 1999, which estimated nonperformance, since in the publicity that the building company used to capture buyers, there existed an area of recreation and free time, contemplated in the Technical Project, but in this zone of recreation, three housings were unduly constructed.

-JSC, Courtroom num.1 of November 7, 1988, which says, that publicity of an object, especially, if the object still does not exist, forms an essential part of the offer, as it is recognizable by the doctrine and proclaimed by the article 8 of the Law 26/1984 of July 19, 1984, and generates responsibility of the offerer.

-JSC, Courtroom num.1 of January 20, 1989, which exams the description of building specifications, that the builder-developer put in the commercials, and affirms, “that on one hand, it allows to the Court to come to conclusion, that the influence of publicity on the conduct and will of the actors” plays a decisive role at the moment of contracting, and on the other hand, it reveals the existence of shortcomings and omission of details in the terminated work, with regard to the offered publicly and contemplated in the description of building specifications and corresponding contracts. "

-Finally, the JSC Courtroom num.1 of July 21, 1993 indicates, that the building company must finish the construction so, that it should assemble the characteristics offered publicly to future buyers.

Written by

Maria de Castro

Lawyer

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

She specializes in advising private foreigners in Spain and making the Spanish adventure a good dream. You can contact her at mldecastro@costaluzlawyers.es 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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18 Nov 2008 9:22 PM by Sherry24 Star rating. 20 posts Send private message

Polarisworld disgust me i have heard so many negative things about them it is unbelievable ba ba





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21 Nov 2008 8:51 PM by Sherry24 Star rating. 20 posts Send private message

There are also a lot of disgruntled owners of phase 2 terrazas resort really unhappy at the moment as they are being hassled to buy other property on other resorts and deciding to back out of the sale totally





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26 Nov 2008 12:22 PM by Sherry24 Star rating. 20 posts Send private message

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