By David Lorenzo Spanish Lawyer UK
In this phase, problems can arise from two fronts: on the one hand, advertising, offering or promoting the sale of homes, and secondly, the information that is provided.
The judgments existing in this field mainly focus on problems arising from the mismatch between advertising and housing made subsequently delivered
First, we must take into account that is the same as the publicity is given by the seller, the developer, or builder, provided it is known by the consumer, and not be rectified prior to hiring.
Also it should be noted that the content of advertising may be required even if there has not been reflected in the contractual clauses. According to the Supreme Court: “These are documents that contain advertising activity, intended to attract customers constituting a clear offer, such advertising must integrate contracts, otherwise would have expressly excluded the advertising content.”
All advertising is now contractual, because their content may be required by the consumer, provided that there has been rectified, although not expressly stated in the contract or document or voucher received.
The mismatch between supply (or advertisements) and housing delivered may refer to any element of the building, and therefore it may be common elements such as particular. Moreover, the claim of the lack of correspondence between advertising and labor supply can be delivered both by defects of information, such as existence of construction defects or flaws in the work delivered.
It should be noted that in case of disagreement between offer or advertisement to the property delivered, the consumer must prove the existence of such question and do their part (pay the price) or at least be willing to comply (eg, by judicial appropriation price), because taking a sharp stance, of failing until all differences are settled sometimes can lead to be considered defaulting party (depending mainly on the degree of organization of these differences between the advertised or offered and the thing given)
2.- INFORMATION TO BE PROVIDED TO CONSUMER
The information is a basic right of consumers, and is of particular importance in this area, so it has been specifically regulated, establishing both the information that developers or builders are required to make available to the public (site plans housing, description, materials used), such as the buyer must provide the consumer (compliance with planning regulations, statutes and rules of operation of the homeowners, or information about the payment of taxes).
The information obligation is fulfilled in two stages:
Essentially in the pre-contractual stage by promoter statements or brochures, and contractual phase by providing the necessary documentation.
In the contractual phase of the first purchase of a home, the developer must provide the consumer “Book Building”, which consists of the project with the changes approved, the record of reception of the work, the link of the agents in the building, and the instructions for use and maintenance of the building and its facilities, which the buyer is obliged to preserve and transmit.
If the developer facilitates faulty information, there is no correspondence between advertising and housing delivered, and will be in breach of its contractual obligations.
David Lorenzo-Spanish Lawyer UK