Consumer inspections, more and more
The consumption delegations of all the communities, are doing more and more inspection tasks to detect the non-compliance in terms of consumption in sales and leases in which the real estate agencies intervene, with high-level sanctions. Remember that inspectors can pass themselves off as clients without first identifying themselves.
All real estate agencies are obliged to comply with current regulations in this area and pay attention to their employees knowing and complying with it. his daily work.
The highest percentage of non-compliance occurs in the following aspects:
- No provision of the information poster with the caption "The consumer has the right to that a copy of the corresponding abbreviated briefing document of the dwelling be given ".
- No incorporation in the information to the public (web advertisements, showcase, visiting parties ...), of the energy efficiency certificate .
- Do not indicate in the advertising that the sales price was included, the existence of other taxes and expenses that the consumer must pay.
- Not to make available the consuming person a explanatory note on the price and forms of payment.
Therefore, we highlight the following actions, which should be carried out for a correct compliance with the regulations:
-Obtaining the Energy Efficiency Certificate with its corresponding label, of each of the homes that are published.
-Faces of showcase with energy efficiency certificate label and in case of indicate the price, the legends of the prices and not including the registration costs.
-Parts very visible, of the existence of updated Claims Sheets.
-In the real estate visits , indicate the provision of the Short Informative Document (DIA)
-Include in the contracts the detailed expenses that must be paid by the buyers and especially the ITP.
-To have prepared several records of prepared sales and leases that are complete with all the requirements to be delivered to the inspectors in case of and go to the offices. (Simple notes, DIA signed by client, Breakdown or explanatory notes of expenses, Contracts, Custom notes, Visiting sheets, models of leases available to be delivered in reservations ...)
PROTOCOLS OF THE INSPECTION HOUSING PLAN
Below we present the main protocols, which will be used by the inspectors, to ensure compliance with the regulations.
- Information on the sale of homes in project or under construction.
- Information on the sale and purchase of first homes.
- Information on the sale of second-hand homes.
- Information on the lease of homes.
OBJECTIVES AND ASPECTS TO BE MONITORED
The objective of inspections is to inspect the activity of real estate agencies, promoters and construction companies, in the sale, promotion and advertising in the lease and purchase of homes, regardless of whether they are in project, under construction or built.It will be verified that said certificates are exposed in the housing offer of websites of real estate brokerage platforms such as Fotocasa, Idealista, Segunda Mano, etc.
REGULATION D E APPLICATION
In general, the application regulations are as follows:
Law 13/2003, of December 17, on Defense and Protection of Consumers and Users of Andalucía.
Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
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Law 29/2009, of December 30, which modifies the legal regime of unfair competition and advertising to improve the protection of consumers and users.
Decree 218/2005, of October 11, by which the Regulation of information to the consumer in the sale and lease of houses in Andalusia is approved.
Royal Decree 515/1989, of 21 April, on protection of consumers regarding the information to be supplied in the sale and lease of homes (in the precepts of basic character).
Decree 72/2008, of March 4, which regulates the complaints and claims sheets of consumers and users in Andalusia and administrative actions related to them.
Act 3/1991, of January 10, Unfair Competition.
Royal Decree 235/2013, of April 5, approving the basic procedure for the certification of the energy efficiency of buildings.
