Legal Services - Litigation
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IPP Global, together with our partners, Lexland Abogados Law Firm, are working to provide our clients with Legal Services. Please contact us if you need assistance with any of the cases below:
Defence of off-plan buyers
After buying off-plan we can find that the contracts were signed without the minimum required guarantees to safeguard the buyer's interests. Many contingencies can happen: delays in handing over the property, the development goes bankrupt, anticipated amounts of money not guaranteed by a bank or insurance policy houses that do not conform to the contract (false advertising), quality inferior to what the contract establishes, etc... Lexland Abogados is not only used to dealing with this kind of situations but also uses protocols to avoid them like a strict contract review policy.
Delay in handing over the property
The deadline to hand over the property can be established as an interval, a date or a maximum period of time. That is, it can appear as 'Before the third quarter of 2008', or 'during the month of May 2010', or 'on 15 August 2008'. In any case, it must be established. If the date is not established, it is breech of consumer protection regulations which can be reported before the competent institution in the respective Autonomous Community. The development company goes bankrupt: these cases are more common nowadays because of the credit crunch. Currently, 25% of tenders in our country are construction-related. These cases should clearly be managed by a specialised firm such as Lexland, because the solution is not usually simple.
On buying built property
You must be provided with legal reports that detail encumbrances and the condition of the property. Advice on property owners' community, rights, obligations, attendance to neighbour meetings, etc.
Claims to the building company because of defects
There are certain guarantees that the Building Standards Law establishes in favour of newly-built property buyers: your legal advisor must know the different types of defects that it covers, the periods of protection of each one of them, and above all the best way to exercise the buyer's rights to make them effective and solve the problem in the least time possible.
Delays in commencing construction
those people whose purchase contract includes the date for commencement of construction will be able to claim in the event that this date is not met. If the property is no longer of interest you can request that they refund the amounts advanced plus legal interest. In this sense, Lexland is pioneer in achieving a favourable judgement as, although it was commonplace to receive compensation for the delays in the hand over of the property, it was not so for delays in commencement.
The property does not comply with the contract or the sale brochures
Occasionally it might happen that after buying a house, the building qualities, the equipment or the facilities do not comply with the contract or the sale brochures: the garage is much smaller than expected, the pool hasn't been built, the community gardens are not as they should be, etc.. In Spain, case law confirms that publicity and sale brochures are considered as being an integral part of the purchase contract. This is for example the case when a house is part of an urbanisation in which they initially projected a paddle court. In that case we can whether demand the actual construction of the paddle court or you can claim for compensation. We even have the right to claim for compensation if the views of the house end up being worse than the ones you could have expected from the sale brochures. In general, every modification to the detriment of the consumers with regard to the promised project is a breach of the obligations of the developer and is therefore repairable or subject to compensation.
