"A cada cerdo le llega su San Martín". ( I am going to ask Luis to explain this spanish saying for you today as it seems to me it perfectly fits with the information below:

ACSI ( a holding company for the management of real estate assets owned by saving banks in Spain) is launching its activity this week. They will be offering properties at much discounted prices ( -25%).

 25% less: maybe the real price they should have been sold in the market 4 or 5 years ago.

I guess that saving banks will end up selling  the number of properties that would have been sold (non-inflated) in a sane market some years ago too.  No speculators will come to the festival this year.

Reality always makes its correction. That is maybe the best lesson we need to learn out of this. " A cada cerdo le llega su San Martín".

Now it is time for consumers rights. Making virtue out of necessity again.

Pork´s slaughter in Spain.

Out of an agreement performed by now by the 54,7% of creditors, Martinsa Fadesa will give money back to those owners who were not given a Bank Guarantee for the return of money paid according to Law 57/68  and houses are not going to be built.

The refund limit is 400.000 € , just one refund is possible per person and it is obligatory that the house was being bought by an individual ( not a company).

The clause of the creditor´s agreement has already been accpeted by these banks: Caja Madrid, Banco Popular, La Caixa, Caixa Galicia, Bancaja y Caixa Catalunya.

The real good new is that both the company and the creditor´s meeting administrators  can assess now that  the company will go forward and even restarting activity in very near future times: beginning of 2010.

I cannot agree with the limits ( 400.000€, one refund per person, no companies) as it does not even respect the terms of Law 57/68 which grant these rights to any off plan purchaser whose house was not completed on time: with no amount/units limits and without restriction to companies, if that was the legal form used by the buyer,  but... well, it is not a bad agreement to start with ( as an initial/minimum show of respect towards consumers) and of course, there is always the possibility of going against the agreement ( using Law and case Law) and ask for more before the Judge.

Again, in my opinion just a start-with, not bad though given the past situation. 

The battle is not over.

Best summer wishes,

Maria

Atlanterra ( Tarifa) de Scooterjec at Flickr.com

1. Foreigners registered in the local census of the town they usually reside , have right to health care under same conditions than Spanish nationals.
2. Foreigners being in Spain for a stay have right to public urgent health care if they contracted any serious illness or suffered an accident, whatever the cause might be. They will have right to the continuity of that health care till they are discharged.
3. Minor age foreigners  being in Spain for a stay  have right to health care under same conditions than Spanish nationals.
4. Foreigner pregnant women being in Spain for a stay have right to health care during the pregnancy, delivery and post partum.

Painted by " Fresco Technique" Balcony, Barcelona ( Spain) by ** Mary** at Flickr.com

Figures are km/hour

Cataluña and Pais Vasco have different scales.

Fine can be reduced ( up to 30%) if you pay inmediately after being fined.

Horse cart by Robby 25 at Flickr.com

What... do you want me to write about during this hot days?

What are the topics that you have been looking information about with no findings, those that are most of your interest...?

Let me say to you what interest me the best so you can have some sympathy with me:

-Consumers rights before banks/ developers and estate agents... too obvious ...hum?

- Elderly people rights.

- Women´s rights.

- Children´s rights.

- Inmigration rights.

- Residential tourism in Spain: itspossibilities, its reality: ... .the simple tourism... the achievable.... not too luxury involved: real Spain.

Yes, those topics pays my bills... they do and are actually, let me tell you... the topics of these wonderful, challenging current  times.

Please, yes of course,  you let me know your preferences... I need them... I am interested about them.

Have a great summer you all!

Maria

Orange door, pink house in Barcelona by Chriscom at Flickr.com

Your rights for fair promotions, devolutions, and a good level of customers services.

Casa del Califa in Vejer de la  Frontera ( Cádiz) by Sarah and Iain at Flickr.com

Europe backs bank control plans

Germany is opposing the idea enforced capital buffers in the short term European finance ministers have agreed proposals which would force banks to put aside more money in good times to help them weather tougher periods. The plans are aimed at helping to stop financial institutions from lending too much money when economic growth is high and to lend more in bad times. The EU's European Commission is due to create legislation in October. The pledge is similar to plans already agreed by the US and UK and among those put forward at April's G20 summit. However, European finance ministers have clashed with Germany, which wants to delay the changes - saying that restrictions will make it harder for banks to get out of the recession in reasonable shape. 'Stronger' The proposals, the so-called Basel II rules on capital requirements, are aimed at ensuring that the 27-nation EU is better prepared for any repeat of the global financial crisis. "We need to see stronger buffers in banks in good times. It is important that we mend the banking system so that credit gets running again," said Swedish Finance Minister Anders Borg, whose country holds the EU's presidency. "We need stronger regulation, more efficient regulation." European finance ministers also criticised bonuses and remuneration at banks, saying that "inappropriate incentives, short-termism and inadequate capture of risk" had allowed banks take on massive risks. "There are obviously systemic implications for how the remunerations are set," Mr Borg said. Germany said that it would continue with its plans for the Basel II rules to be relaxed - arguing that that the supply of credit would dry up and put firms at risk of collapse in the midst of recession. "What we're saying is that, in this particular situation, which will hopefully be over soon, we need to do what's necessary to get out of this pro-cyclical effect," said German finance minister Peer Steinbruck. However Mr Borg said there was a "very broad majority of countries that did not have exactly the same view" as Germany.

Source: BBC.

I am not a financial expert but like to think through these matters with th eyes of an anthropologist who believes in the social dimension of human nature, and therefore human institutions as banks are:  in my opinion, the best way to get out of  the pro-cyclical effect is to get out of  the auto-benefit schemes and expand to social missions in a win-win relationship. 

What do you think... any financial-philosopher there?

Express Evictions

Tarifa ( Cadiz) beach by Lorenzo stupid kid  AKA rockito at Flickr.com

I am sure you Justin and the EOS team already know of this book... but as you are looking to new perspectives to increase the budget....

Please let me know how it goes.

Amy Shuen: How Web 2.0 Can Help Your Business Do More with Less

7 Questions about Sales

1.      Do the products that I purchase during a sale have the same guarantees as those purchased during normal periods?

Yes.  There is no discount in the quality or security of products, only for the price of the products.  There is a guarantee of at least two years on all new products. 

2. Can claim sheets be ordered in sales? 

Yes.  Since the standards for service and product quality do not change, you can order claim sheets in the same manner as during normal periods. 

3.      Can I ask for a bill? 

Yes, as always, you can ask for an invoice or purchase ticket bearing the product name, purchase date, price and name of the store.

4. Can I pay by credit card?

Yes, it is mandatory for all establishments that use this method of sale for the rest of the year to accept it during a sale, unless it is clearly stated otherwise. Using a credit card does not involve any charge on the price of the product.

5. What rights do I have to return a sale product that is in poor condition? I bought some shoes on sale and they broke the next day.

In such cases the return is mandatory.  In addition, the customer does not have to accept vouchers, checks, or domestic currency. If the purchase paid with a debit or credit card, the refund shall be refunded to the card; if you paid in cash, the refund will be made in cash.

6. I bought a dress on sale and I now I realize that I do not need it as the party has been cancelled.  What rights do I have to return products on sale?

Technically, stores are not required to accept returns of products in good condition.  However, most companies allow such returns and must continue practices during sales that they adhere to during the rest of the year.  If a store will not accept returns of products in good condition, they must post notification of this explicitly, in a visible place.  If a company will accept returns of products in good condition, the store may refund your money or provide sales vouchers. 

7. I bought a bathing suit in April and paid 60€.  Now I want to return it, but the bathing suit costs 45€.  What amount am I entitled to receive?

You are entitled to receive the price you paid for the product, listed on the purchase ticket or receipt, regardless of the current sale price for the product. 

 Ready to sleep by Roberto Pecino at Flickr.com

Article 17. Information, training and education of consumers and users.

1. The public authorities, within their respective competence, will promote the training and education of consumers and users, will ensure that they have the necessary information for the effective exercise of their rights and will ensure that they are given understandable information about proper use and consumption of goods and services which are available for them on the market.

2. The Estate mass media will produce some programs, without advertising and to the information and education of consumers and users. In such spaces and programs in accordance with its content and purpose consumer and user associations and other representative groups or stakeholders will take place in the manner to be agreed with the media.

Article 18. Labeling and advertising of goods and services.

1. The labeling and presentation of goods and services and ways of presenting them must be done such as to not mislead the consumer and user, specially:

a. About characteristics of the good or service and, in particular, about its nature, identity, composition, quantity, origin or method of manufacture or production.

b. About effects or properties that the good or service do not possess.

c. If suggests the good or service possesses special characteristics when in fact all similar goods or services possess such characteristics.

2. Without prejudice to the specific requirements established by regulation, all goods and services available to consumers and users should incorporate, or ultimately, allow a clear, understandable, truthful and effective enough information on its essential characteristics, and particularly on the following:

a. Name and address of the producer.
b. Nature, composition and purpose.
c. Quality quantity, category or usual name or trademark, if any.
d. Date of production, supply and lot, where it is required by regulation, the term recommended for use or consumption or expiration date.

e. Instructions or indications for a proper use or consume , warnings, and foreseeable risks.

3. Subject to the exceptions provided by law or regulation, the compulsory labeling and presentation of goods or services sold in Spain must me shown at least in Castilian, Spanish official state language.

4. The offer, promotion, and false or misleading advertising of goods and services will be prosecuted and punished as fraud. Consumer associations are entitled to initiate and intervene in the legal procedures available to stop them.

 Caños de Meca ( Cadiz) By kida.kida at Flickr.com

Article 11. General duty of safety.

1. The goods or services on the market must be safe.

2. Are considered safe goods or services those which, under normal or reasonably foreseeable use, including its duration, does not present any risk to health or safety of persons, or only minimal risk compatible with the use of the good or service and found within an acceptable level of health protection and safety of persons.

Article 12. Information to consumers and users about the risks of the goods or services.

Following the fun serie on Consumers rights in Spain since 2007:

Article 8. Basic rights of consumers and users.

The following are basic rights of consumers and users:

- The protection against risks that may affect their health or safety.

- The protection of their legitimate economic and social interests, particularly against abusive terms in contracts.

- The compensation for and repair of damages.

- Access to accurate information about goods or services, and education and outreach to learn about a good or service´s use, consumption or enjoyment.

- The ability to consult and participate in drafting general provisions that directly impact them , as well as access to representation of their interests through legal partnerships, associations, federations or confederations of consumers and users.

- Protection of their rights through effective procedures, especially in situations of inferiority, subordination and powerlessness.

Article 9. Goods and services for common use.

The public authorities shall protect the rights of consumers and users when they are directly related to goods or services for common, ordinary and generalized consumption.

Article 10. Inalienability of the rights granted to consumers and users.

The prior resignation to the rights that this law recognizes to users and consumers is null and void, as are those acts which were perpetrated fraudulently, in accordance with the provisions of Article 6 of the Civil Code.