These days, you can find some real estate advertising brochures that aren't entirely accurate. They often contain discrepancies compared to what the property will actually look like upon delivery, which amounts to false advertising.
Many developers often make excuses regarding these discrepancies, which usually become apparent when the property is handed over. They often argue before the Supreme Court that they are not bound by the existing promotional materials. However, all of this clearly ends up affecting the project itself, since the construction work is not up to standard.
What is the purpose of these promotional brochures?
Advertising brochures are often directly linked to the real estate developer. Some of them contain completely implausible claims that end up damaging the developer’s reputation. The purpose of these advertising materials can vary depending on the company’s needs. This allows them to mislead more potential buyers into purchasing properties.
One of the main challenges is to present a finished property while it is still under construction. As a result, when the property is handed over, the client notices clear discrepancies compared to the brochure. However, they often claim to have no connection whatsoever to these promotional materials.
On the other hand, there are often differences in the topography and the overall urban layout of the areas where they are located. They advertise wide roads or recreational areas, but the reality is quite different once they’ve gained your trust with misleading brochures. All of this affects customers’ expectations, playing on what they thought they would find and leaving them feeling disappointed.
How is this handled in court?
The courts’ rulings make it clear that these developers do not act in good faith. There is no justification for what they present to the government to differ from what is actually being offered. Furthermore, they must be held accountable for this and for the inconvenience caused.
The developer must be held accountable for every issue that arises; responsibility cannot be shifted to the buyer or consumer. It is a fact that the entire real estate process is dynamic and that measurements are not always exact in a project. However, changes and false promises must be penalized, as they undermine the customer’s trust.
A clear ruling against the developer
The Provincial Court of A Coruña issued a clear ruling in favor of the developer. In a case involving false property descriptions, the price of the home was reduced by 25%. The ruling notes that advertising plays an increasingly significant role in a buyer’s decision-making process.
In addition to this, it also creates a false expectation that allows the buyer to clearly see the benefits of the purchase. The real estate company did not deliver everything that had been promised in its advertising. The case was ultimately resolved as an unlawful act on the part of the company, which failed to deliver what it had promised to its customers.
It's always a good idea to keep advertising brochures
One piece of advice that is often given is to keep the promotional brochures for a property you are interested in buying. This will serve as a safeguard in case the final result of the home does not match what the developer promised.
This allows the legal team to have clear documentation of what was provided to the prospective buyer. This ensures that the case will be supported by evidence that can be presented in court after filing the corresponding complaint against the developer.
If you have any questions, you can contact the law firm of Carlos Baño León
