Disputes over Pre-Paid Housing, Defective Housing and Late Delivery
In a pre-paid housing sale, the consumer pays the price of the housing wholly or partly in advance, and the seller undertakes to transfer or deliver the housing in the future. The legal and technical status of the project, the form of the contract, security, delivery and land registry records must be examined together.
The main work in this area is the following:
- Legal review of the pre-contractual information form and the contract
- Assessing the building permit, land registry record, annotations, declarations and encumbrances
- Examining whether the contract was concluded in the form required by law
- Transfer of condominium easement or promise-to-sell contracts executed before a notary
- Examining building completion insurance and other security
- Notices of withdrawal from or rescission of the contract
- Late delivery of the housing or failure to deliver it at all
- Deviations from the project, the independent unit, the net area, the technical specification and the room schedule
- Claims for repair, price reduction, rescission and compensation arising from defective and incomplete construction work
- The sale of one housing unit to more than one person and measures protecting assets
- The linked housing loan and the liability of the financing institution
The rights of withdrawal and rescission granted to the consumer in pre-paid housing and the delivery period are assessed by taking into account the date of the transaction and the special regulations in force. Where a transfer of title, a claim relating to an in rem right in the real property or an interim injunction concerning the project is needed, consumer law is handled together with real estate and construction law.
Package Tours, Accommodation, Reservations and Transportation Services
In package tours, accommodation, reservations and passenger transport, problems may arise with cancellation, date changes, incomplete services, services not provided at all, baggage, delays, price differences and refunds.
In this context:
- The package tour contract and the pre-contractual information documents
- Cancellation of the tour or a change to its essential elements
- Accommodation standards differing from what was promised
- Failure to honor a reservation or a double booking
- Claims arising from flights, transport and connected tour services
- Claims for a refund, a price reduction and wasted vacation time
- The liability of the travel agency, tour operator, intermediary and service provider
- Payments made in foreign currency and exchange rate disputes
- Transactions concluded with sellers or platforms abroad
are assessed. Because package tours, accommodation alone, passenger transport and travel insurance transactions may be subject to different regulations, the legal characterization must be made at the outset.
Timeshare and Long-Term Holiday Service Contracts
In timeshare, long-term holiday service, resale and exchange contracts, pre-contractual information, form, the right of withdrawal, the promise of title or an in rem right, the actual condition of the facility, dues and terms of use may be the subject of a dispute.
In this area:
- The legal nature of the contract and its formal requirements
- The notice of withdrawal and the refund of the price
- Promissory notes and payment documents that put the consumer into debt
- Whether the facility has the promised qualities
- Transfer of title or establishment of a right of use
- Claims for dues, maintenance and additional fees
- Claims for rescission, cancellation and compensation
are examined.
Private Education, Healthcare and Other Consumer Services
Disputes arising from private schools, courses, online education, aesthetic procedures, private healthcare services, event organization, maintenance, repair and similar services may be assessed under consumer law, provided that the transaction qualifies as a consumer transaction.
In these disputes:
- The service contract and the commitments made in promotion
- The scope, duration and level of performance of the service
- Refund of fees and the unused portion of the service
- A defective or incomplete service
- Termination of the contract and the penalty clause
- Fault, causation and the conditions for compensation in claims of personal harm
- The relationship between consumer law and legislation on health, education or professional liability
are also examined.
The Type of Contract Changes the Route of Application
A claim for cancellation of title and registration and a claim for a refund of the housing price may not be subject to the same conditions of application. For disputes arising from an in rem right in real property that qualifies as a consumer transaction, the exception in Law No. 6502, Art. 73/A is examined separately.
Keep your reservation and service evidence
The package tour program, the accommodation promise, the cancellation terms, change notices and payment documents are assessed together. The general distance-contract rule of withdrawal does not automatically apply to accommodation or leisure services provided on a specific date. In healthcare services, an unfavorable outcome is not in itself regarded as proof of fault; informed consent, medical records and an expert examination are required.