Your first contact when you decide to buy a property in Spain will almost certainly be the State Agent. That is the main reason why the vendor advertising has an essential importance.
The seller should follow the dispositions of the General Publicity Law from November 5th, 1988, which provides that the advertising target is to promote on a direct or indirect way, the properties purchasing (...) and it is dishonest the advertising which can induce the seller to make an error on his decision, causing him any economical damage.
It is also illegal the publicity which does not inform the purchaser about essential data of the property.
So, every offer, promotion and advertising directed to the property purchase, should adjust to the real characteristics, conditions and utility of them, and should also express whether the houses are being built, or if the building has already finished (according to the RD 515/ 89, April 21th).
The developer is legally required to provide you the following documents:
The right to information should also be extended to one of the essential elements of the purchase contract: the price. You should take into account some important aspects about it:
The content of the right to information, according to the RD 515/1989, is the following:
The information about the purchase price should be detailed and especially clear. That includes:
The breaking (infraction) of the right to information has been reported to the Consumers and Users Association in several occasions. As an example we list you some of the most alarming statistical data.
The 60% of the developers do not inform the buyer about the details of the property registration (at the Property Registry) and they do not inform in a written way about the payments guarantee.
The 30 % do not provide the buyer with the prices on a written document, they just give them orally, with the possibility of changing them whenever they want.
The 25% of the developers don’t inform the buyer in a written way about the useful surface of the property.
The 59% of the developer do not provide the purchase contract until having received the money, so the buyer do not have the possibility of studying it carefully.
In many of the contracts the guarantee conditions or the completion dates were omitted.
In some contracts they gave low information about the mortgage loan.