Nowadays, you can find some real estate advertising brochures that are not really true. They usually bring some differences with what actually has the house that will be delivered, becoming a false advertising.
Many of the developers usually have excuses for these differences, which are usually noticed when the property is delivered. They usually mention before a Supreme Court that they are not bound by the advertising documents that exist. However, all this ends up clearly affecting the project he has, since the works are not in the best conditions.
What are the missions of these advertising brochures?
Advertising brochures are usually directly related to the real estate developer. Some of them with totally inconceivable assumptions that end up affecting their image. The mission they have with these advertising elements can vary according to the needs of the company. This way they will be able to trick more users into buying real estate.
One of the main missions is to show a finished property when it is still under construction. This way, at the moment of delivery, the client notices the clear differences in relation to the brochure. However, they usually excuse themselves by claiming to have no connection with these advertising elements.
On the other hand, there are usually differences in the topography and the urban development where they are located. They offer wide roads or recreation areas, but the reality is different after gaining your trust with false brochures. All this affects customers’ expectations, playing with what they thought they would find and feeling disappointed.
How is this handled in the Courts?
It is clear from the resolutions of the Courts that these promoters do not have good intentions. There is no justification for what they offer to the Administration to be different from what is actually offered. On the other hand, they need to be held accountable for it and the inconvenience caused.
The promoter must respond for each of the vicissitudes that exist, the responsibility cannot be shifted to the buyer or consumer. It is a reality that the entire real estate process is dynamic and that measurements are not always accurate in the project. But changes and false promises should be penalized by playing with customer trust.
A clear ruling for the developer
From the Provincial Court of A Coruña, a clear ruling was developed for the developer. In a case of false published characteristics, the price of the property was reduced by 25%. Within the process, it is mentioned that advertising is becoming more and more relevant in the decision making process of a buyer.
In addition to this, it also creates a lack of expectation that allows you to clearly see the convenience of the purchase. The company selling the property did not deliver everything that had been stated in the advertising activity. The case ended up being resolved as a wrongful act on the part of the company that failed to deliver what was promised to customers.
It is always important to keep advertising brochures
One of the tips that is often given is to keep the advertising brochures of a property you want to buy. This will serve as a method of protection in case the final result of the house is not the one offered by the developer.
This allows the group of lawyers to have a clear back-up of what was delivered to the prospective buyer. This will provide a process with evidence that will be shown in court after the respective complaint to the promoter has been filed.
If you have any questions, please contact the law firm of Carlos Baño León.
