Monday, August 15

The Supreme Court allows second-hand home buyers to claim damages directly from developers


The Supreme Court has recognized the right of a dozen buyers of second-hand homes to claim damages, defects and improvements found in their homes from developers if they do not correspond to the initial offer. The judges of the civil chamber understand that, although these affected bought their homes from previous owners and not directly from the promoters, they have the right to have these companies pay for the improvements to the doors and cabinets that were of inferior quality. the one offered at first.

Canarias, second community with more home sales by foreigners

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The resolution, taken by the first chamber last June and which can be consulted in this link, responds to the case of a dozen second-hand home buyers in Las Palmas almost two decades ago now. Both those who bought the homes directly from the developers and those who bought them second-hand from previous owners claimed that the doors and fronts of the cabinets were not the ones that had been offered in the specifications.

When the new owners entered their homes, they discovered that the quality of the doors and cabinets was not what they had paid for: “They were worse both aesthetically and in terms of durability, sound insulation and water resistance, as well as cheaper” , they denounced, claiming more than 360,000 euros from the promoters Realia and Acciona. A court in Las Palmas agreed with several dozen residents, but only those who had bought the apartments directly from the developers, forcing the second-hand buyers to take the case to the Supreme Court.

The judges of the Supreme agree with these buyers and establish in this sentence that they were just as legitimate as the rest to make this claim before the promoters. “The appellants, as second purchasers of the homes, are entitled to claim in this procedure, in defense of their rights, derivedly acquired based on the sale of the previous owners, who never waived their rights”, explain the judges.

The promoters, says the Supreme Court, “manifestly failed to comply with the commitment acquired by virtue of the Quality Report”, which must be respected by law to the letter. Therefore, the judges add, “it cannot be described as the appeal does of a mere accessory condition, since it forms part of the core or essential content of the commitments acquired” and obliges the promoters to improve the quality of the doors and cabinets. or pay for it.

The judges declare the legitimacy of second-hand home buyers to make this claim and then agree with them on the merits of the matter and condemn the developers to pay. “Having not discussed before this court the existence of the defects or their imputability to the defendants, Acciona and Realia are condemned,” he says. As for the amounts, the Supreme Court establishes the same scales established by the Canarian courts for those who bought the houses directly from the developers, discounting the assembly, disassembly, general and labor costs if a neighbor chooses to collect the money and not replace doors.



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