Any off-plan purchaser can take legal action
that requires the vendor/promoter to cancel the off-plan purchase contract if the finished property does not significantly match what was described in the contract or promotional publicity, said legal action seeking the return of stage payments and fees, with interest.
This judicial claim is based on the legal procedure known as “aliud pro alio” or delivery of something other than as agreed, in application of articles 1.101 and 1124 and related and following provisions of the Civil Code.
The aliud pro alio action is based on the delivery of something different or of a different quality to that which was agreed, “involving the seller’s failure to deliver”. The injured party must take legal action within 5 years (formerly 15) from the date of the breach of contract. The frustration of the legitimate aspirations of the purchaser and the standard aims of the contract or the economic-legal purpose, or the objective aim, is sufficient to obtain Court protection: in sum, an unjustified breach or for reasons attributable to the vendor. A claim is not possible in cases of sudden “fortuitous” events, which are considered as a theoretical part of purchase risk. Such breach of contract may even be “partial”, or simply “defective” but relevant and even “late” if the date of delivery was essential and, as a result, frustrates the intended purpose.
Finally, to be able to take this matter to court, the buying party must prove that all their obligatorily contractual obligations incumbent on them, have been fulfilled.