THE DELIVERY OF A PROPERTY THAT IS DIFFERENT TO THE ONE CONTRACTED IN AN OFF-PLAN PURCHASE.

Any off-plan purchaser can take legal action

BREACH OF CONTRACT red stamp textthat 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.

Author: J. Escobedo

I am a member of the Tenerife Law Society since 1989 with a dedicated team for anyone who needs an immediate answer or long term solution to any practical or legal issues appertaining to any property or business investment in Spain. If you have decided to move to Spain to start a new life, whether that´s buying a property or a business, then you will definitely need the services of a good Spanish Lawyer who is fully conversant with Spanish protocol and who has a good command of the English language. I am based in the south of Tenerife and I am specialist in Property Law, Inheritance issues and taxes as well as Tenerife and Canarian law and a great deal more. ABOUT MY STAFF All my friendly and professional staff are fluent in English. We have been working for foreign clientes for over 25 years in Tenerife, providing legal advice and litigation services to all our clients investing throughout the whole of Spain and we pride ourselves on providing a high quality service to our clients in the form of clearer communication and advice.

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