We are now looking for a property in Mazarrón, but we had some problems in the past trying to buy in Andalucia because the developer didn´t keep to their side of the bargain, what was advertised was not the reality. Where is the pool? Is the developer’s advertising campaign legally binding? What are the things we should look out for before buying an off plan property in Spain? What paperwork should they give us?

Mr and Mrs. Thompson

When you find the property of your dreams and you decide to buy it, your first contact will almost certainly be the estate agent. The advertising related to the dwelling is legally binding.
 The developer should meet the regulations of the General Publicity Law from November 5th 1988. It is dishonest to advertise in a way that misrepresents the property on sale, therefore swaging the perspective purchaser into a decision which could later prove costly.
Publicity which does not inform the purchaser about essential details of the property is also illegal.
Take into account that every offer, promotion and advertisement related to the property, should reflect the real condition and characteristics, and should also clearly point out whether the dwelling is completed or still under construction (according to the RD 515/ 89, April 21st).
What are your rights regarding technical information pertaining to the dwelling?
According to Spanish Law the developer is legally required to provide you with certain documents such as: property description and details of the inside measurements, shared areas, drawings, etc. This information can be found in the “fitting description” (memoria de calidades).

The promoter should also provide you with a detailed description of the building materials used in the construction process of the property and the details of the registration of the dwelling in the Property Register (Land Registry).

Please note your rights also cover the fundamental issue of “the price” which should be included on the purchase contract.

         You should take into account some important aspects such as postponed payment and its corresponding interest, any reduction in the purchase price due to advanced payments from the purchaser, details of repayment schedules, and its corresponding financial penalties due to any late payments.
         The contract should also highlight the procedure should the developer fail to meet the proposed completion date.
         Should the situation of a delayed payment arise, the applicable interest rate should be clearly stated as well as the terms available for the delayed payment.
         The Notary Public that will be used to authorize the exchange of title deed should also be clearly indicated and the bank guarantees for any advanced payments made by the purchaser are also paramount.