New transparency real estate regulation in Andalucia

The real estate ones will have to give to buyers and renter exhaustive data of the house
The new regulation of information for the transaction and rent increases the guarantees of protection to the consumer
The promoters, intermediaries and renters of houses will have to make available of the public an intelligence document that gathers of exhaustive form the data of the building and the economic conditions of the supply. Thus one takes shelter in the aprobado por regulation the Council of Government on information to the consumer in the transaction and rent of houses.

With respect to the state norm that at the moment is applied, the autonomic decree introduces like main newness the obligatory nature to give to the clients, free, the calls Intelligence documents Been brief (in the case of first sales and rents) and informative cards (for the market of second hand). In these documents the fundamental data are included on the building and its financing.

The norm, that reinforces the guarantees of protection for buyers and renters, specifically prohibits to silence those data, as well as to provide information that can induce to error to the buyer.

The Been brief Intelligence document will have to include information on the intermediary, designer or construction company, the phase of execution of the work, the plane of the house and its situation, its useful surface, the quality of the materials and the description of its services, as well as the sale price along with the expenses and the mode of payment. Also the loads that can weigh on the building and, based on the type of sale will be detailed, the work license or the data of inscription in the Registry of the Property will be added to other legal data like.

In addition, one will inquire to the consumer to who can request an informative note on the mode of payment with all the economic conditions, including the relative ones to the hypothecating supply that sets out to him and the type of applicable interest in case of postponements of the price. Once reached the transaction agreement, the company will make arrive at the buyer, at least three working days before the company/signature, all the documents reflected in the Brief Intelligence document, as well as the insurances and licenses of the building.

In the specific case of the renting, the document will gather the following data: identification of the landlord and the intermediary in its case, description of the house and the services on which it counts, useful surface, economic conditions and equipment inventory and furniture.

Second hand

The decree also approaches the requirements of information for the sale of houses of second hand, a scope until now barely regulated. The obligation takes shape in the delivery the client of an informative card of initial datas between which they must appear the direction of the building, its general description and the one of the building in which it is located, the year of construction, the sale price, the expenses that the mode of payment entails and, as well as the references of the simple informative note (useful proprietor, meters and loads).

The salesman has to indicate in addition that he tells on a certificate that the house is to the current in the payment of the IBI and if there are other data that can be facilitated to the possible buyer. Also one is due to reflect in the card, with outstanding letters, if a term settles down that ties to the buyer with the real estate one in as much manages the transaction.

Finally, in the referred thing to the publicity, the norm establishes the binding character for the data and conditions that are reflected on supplies and promotions, in such a way that the consumer will be able to demand his fulfillment although they specifically do not appear in the contract of transaction or alquiler.

The publicity will have to specify the situation of the building, its description and useful surface, the phase of construction in which it is and the data of the promoter, besides to inform into the right of the consumer to that the Brief Intelligence document is given to him. When it is reflected the sale price or renting will include the expenses that the operation (tributes or community) and in case that against the account entails amounts are demanded will be indicated that they will be guaranteed by a banking organization.

In the sanctioning chapter, and depending on the different level from gravity, the decree establishes fines of between 200 euros and 400,000 euros for the infractions against the dispositions gathered in the same one.

The deficient information in the scope of the transaction and rent of houses constitute the fourth cause of claims of the Andalusian citizens within the sector services. Between January and September of this year, the services of protection to the consumer of the Meeting registered a total of 998 claims, although this number supposed a reduction of 29% with respect to the same period of 2004.
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