Advice on incomplete facilities
Wednesday, April 14, 2010 @ 3:17 PM
Thanks for your comment.
First of all it is important to look carefully at the marketing material and brochures which you relied on when you decided to purchase the property. The marketing material we have seen so far for Corvera and Roda is different although there are similarities. Corvera´s marketing material and brochures are much more specific in respect of the facilities to be offered on site. For example indoor pool, medical centre, equestrian centre, spa, gym, shops and restaurants. Whereas Roda´s material is more general such as the resort “is surrounded by leisure opportunities for the whole family. Shopping areas, restaurants and countless sports facilities are on hand in the local area”. You will appreciate the important differences.
We would suggest you have a careful look at your marketing material to see what was promised and if there is documentary evidence backing this up. If there is then you have various options as follows:
1) Negotiate a discounted price with the developer because of the lack of the facilities and complete your purchase;
2) Complete the purchase and then take action against the developer for lack of facilities;
3) Sue the developer for breach of contract for the lack of facilities seeking a return of your deposit plus interest;
4) Do nothing and risk the developer suing you either in Spain or your home country;
There is case law supporting the consumer’s case in the event of the lack of facilities. In addition there are also consumer´s rules stating that consumers have the right to oblige the developer to deliver the facilities offered as set out in brochures or marketing material even though the facilities are not included in the wording of the contract. In summary, the brochures and marketing material would form part of the contract.