[Anonymous]

We arranged to purchase an off-plan apartment 2 years ago from Erasur SL. Their (Erasur’s) brochure promised panoramic views but it is now clear that the only view is to the brickwork of the block immediately in front. We went to court and have today heard the judge’s decision that we have no claim against the developer and moreover that costs have been awarded against us!
In her judgment the judge made no mention of the Erasur brochure or the photos we had taken as evidence of the views from inside the apartment. She has presented only the developer’s viewpoint and not ours.
We plan to appeal but have been told this will cost a lot of money. However we understand that there are strict laws protecting off-plan purchasers from developers’ misrepresentations. Where do we go from here? Can anyone shed any light on this or has anyone had a similar experience?

[katy]

So sorry, thats awful 🙁 I was once told (by a lawyer) that a view can never form part of a guarantee in Spain.

[Anonymous]

Can it in any Country, if the developer does not own the land between the development and “the view”, they would have no control over it?
Doesn’t help with the initial query I know.
In response, get a good legal support team, although expect it to be costly.

[Anonymous]

@mg wrote:

Can it in any Country, if the developer does not own the land between the development and “the view”, they would have no control over it?
Doesn’t help with the initial query I know.
In response, get a good legal support team, although expect it to be costly.

Thanks for the reply. We are getting a second opinion with a view to overturning the judgment. Will post eventual results!

[Anonymous]

@katy wrote:

So sorry, thats awful 🙁 I was once told (by a lawyer) that a view can never form part of a guarantee in Spain.

Hello Katy
Thanks for your comments. We were told by our solicitor that a brochure relating to a development actually forms part of the contract. Moreover I forgot to say in my original letter that the purchase contract also refers to a wonderful view. We’re going to get another opinion and will post the results. Wish us luck!
Helen

[Anonymous]

How can you guarantee views ? Only with a “servidumbre de vista”, a legal viewing lean in the Title Deed of the property/ies in front of you can this be effectively achieved.

You cannot rely on a developer’s brochure for a view…even if the contract states it, it is not binding for legal reasons I’m not goig to get into now. The only legal surefire way is what I posted above.

Another matter being if they talked of a 9-hole golf course or 3 swimming pools or two tennis courts and later on either of them were not included in the development. You could sue or ask for a compensation in this case but not for a view. A brochure is legally binding for the developer as your lawyer claims.

Save yourself money and don’t continue litigating it will be to no avail. Your lawyer should have told you. By the way, what’s the name of the law firm/ lawyer that defended Erasur ?

[Anonymous]

Hi Drakan
Surely it depends on whether

1) the block built infront of Chris’ apartment is all in the same development and was built by the developer who just thought he would squeeze an extra block in (surely must be illegal?)
or
2) This block is not on the development, but on land next door – in which case obviously the owner of that land can build what he likes.

As we understood the law, the brochure (and model in the office if there was one) forms part of the contract, but obviously only as far as the development itself and its land is concerned.

So Chris – does this block infront of you belong to your development or is it on land belonging to the owner ‘next door’?

[Anonymous]

You’re reasoning is flawed Charlie. I’m sorry.

You need to establish a lean or a view encumbrance.

Waste of time and money litigating over it.

[Anonymous]

OK – you’re the boss!! 😉
……but it was more a question than actual reasoning.

I just find it incredible then that a developer can show a potential purchaser of an off-plan development a brochure/picture of what it all will look like, with everyone having a decent view.

But he then has the right to later build more blocks directly infront, blocking everyones view – and no-one in the original blocks can object.
I find that amazing.

[Anonymous]

Think it could cost less in the end to build a new place as opposed to fighting it. At least you will know the outcome

[Anonymous]

@Drakan wrote:

How can you guarantee views ? Only with a “servidumbre de vista”, a legal viewing lean in the Title Deed of the property/ies in front of you can this be effectively achieved.

You cannot rely on a developer’s brochure for a view…even if the contract states it, it is not binding for legal reasons I’m not goig to get into now. The only legal surefire way is what I posted above.

Another matter being if they talked of a 9-hole golf course or 3 swimming pools or two tennis courts and later on either of them were not included in the development. You could sue or ask for a compensation in this case but not for a view. A brochure is legally binding for the developer as your lawyer claims.

Save yourself money and don’t continue litigating it will be to no avail. Your lawyer should have told you. By the way, what’s the name of the law firm/ lawyer that defended Erasur ?

Hello Drakan
Thanks for your reply. Erasur have their in-house lawyers, and the blocks obstructing our view are all part of the same development. Apparently they had to build them lower or pay more to put the garages on the ground level, so chose to build them lower with garages below ground, so 12 metres in height was lost. We’ve been advised to get a second opinion, and will post the results.
Regards
Chris

[Anonymous]

@charlie wrote:

Hi Drakan
Surely it depends on whether

1) the block built infront of Chris’ apartment is all in the same development and was built by the developer who just thought he would squeeze an extra block in (surely must be illegal?)
or
2) This block is not on the development, but on land next door – in which case obviously the owner of that land can build what he likes.

As we understood the law, the brochure (and model in the office if there was one) forms part of the contract, but obviously only as far as the development itself and its land is concerned.

So Chris – does this block infront of you belong to your development or is it on land belonging to the owner ‘next door’?

Hello Charlie
The blocks were built as laid out in the plan but much lower in height hence the lack of view, and I’ ve just written to Drakan explaining that it’s all part of the same development. Obviously it would be unrealistic here in Spain to expect to have any influence over someone next door’s land or development. We shall see, but thanks for your interest and advice.
Regards
Helen and Chris Wright

[Anonymous]

Hi Helen and Chris

Knowing how developers are very quick to recognise certain apartments are in a better position than others and hence load a ‘premium’ on to the asking price (as on our development), and given it was their (financial) decision to lower the overall build, the least decent thing they could do is offer a substantial discount.
I know, I hear roars of laughter at the thought !!

It’s a shame these off-plans are not under the same ‘rules’ as mail order catalogues. If you order a coffee maker, and when it arrives it can only make tea – you can claim your money back: Trade Descriptions Act!
A frivalous example but the same principal.
As a mere layman, if the law was just, a judge would ask: Would you have bought this apartment if you knew your view would be of another block of apartments? If the answer is no, you should be refunded.
Again, I hear roars of laughter!

When our block of apartments never got built, the developer – after 3 years of holding on to our money – tried to persuade us to accept another apartment on another development of theirs. At least we had the legal right to refuse because if we couldn’t have what we originally bought, we could demand our money back.

So sorry to read of your predicament and the stress I know that comes with this. Do hope there is at least some kind of positive (negotiable?) outcome for you.
Wishing you all the best.

[Anonymous]

@charlie wrote:

Hi Helen and Chris

Knowing how developers are very quick to recognise certain apartments are in a better position than others and hence load a ‘premium’ on to the asking price (as on our development), and given it was their (financial) decision to lower the overall build, the least decent thing they could do is offer a substantial discount.
I know, I hear roars of laughter at the thought !!

It’s a shame these off-plans are not under the same ‘rules’ as mail order catalogues. If you order a coffee maker, and when it arrives it can only make tea – you can claim your money back: Trade Descriptions Act!
A frivalous example but the same principal.
As a mere layman, if the law was just, a judge would ask: Would you have bought this apartment if you knew your view would be of another block of apartments? If the answer is no, you should be refunded.
Again, I hear roars of laughter!

When our block of apartments never got built, the developer – after 3 years of holding on to our money – tried to persuade us to accept another apartment on another development of theirs. At least we had the legal right to refuse because if we couldn’t have what we originally bought, we could demand our money back.

So sorry to read of your predicament and the stress I know that comes with this. Do hope there is at least some kind of positive (negotiable?) outcome for you.
Wishing you all the best.

Hello Charlie
Thanks for your message, and was very sorry to hear that your money was held onto for Three Years! Dreadful. Hope you got it back with interest and were then in a wiser position to get something better. We’re off to see the solicitor tomorrow and will see what transpires. Just spoke to husband Chris and thought that an appeal court judge might be of a different calibre to a local district one?
You are quite right in what you say about Trade Descriptions insofar as misrepresentation goes and we totally agree with you.
If anything interesting happens tomorrow will write it here.
Regards
Helen

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