April 21, 2021

Are you planning to buy a new home? So you will avoid surprises | Economy

Are you planning to buy a new home? So you will avoid surprises | Economy

Acquire a used house or a new one? Given this dilemma, an overwhelming majority of users continues to opt for the first option. In fact, although in 2018, home purchases and sales increased by 10.1%, this increase is due almost exclusively to transactions of second-hand houses. When it reached 92,520 units last year, the sale of new homes has grown by 11.1%, but remains almost five times lower than that of used homes (422,531 operations), according to the INE. On the supply side, until September production grew by 17%, but "continues to remain below what is considered appropriate to the needs of the population," reads the latest trend report of the real estate sector of Sociedad de Tasación.

Individuals who do invest in new construction often prefer "the best quality of construction and greater energy efficiency, which translates into savings and durability," underline sources from the developer Aedas Homes. Any potential owner who proposes the acquisition of a home of this type, however, should take into account some differences with the purchase of a house to another particular, and the peculiarities of the purchase-sale process of a house of this type, to avoid incur unpleasant surprises.

Guarantees and terms

First of all, in this case the relationship between buyer and seller is not between individuals, but between a consumer who buys a developer a house that is not yet built and which may have seen only one reproduction (the so-called pilot floor) or a virtual simulation. "As it is a consumer relationship, user protection rules will be applied, such as the Consumer Protection Law and the regional regulations that are in force in each region," says the spokesperson for the Organization of Consumers and Users (OCU). ), Ileana Izverniceanu.

According to the Organic Building Law, in addition, "there is a guarantee of one year in the finishes, three years in terms of facilities and 10 years for hidden defects or defects that affect the stability and safety of the building, ie , that they present / display damages of important work in the structure ", add from Aedas Homes. "But be careful: those terms start to count from the date of the end of work certificate and, in the years after the bubble has been punctured, there have been cases in which a brand new home was selling maybe three or four years after it was finished", Warns Izverniceanu.

Breach of contract

To these guarantees, the possibility of claiming for breach of the contract is added, before five years have elapsed. "It is the case of material defects, for not having respected the memory of qualities or what had been announced in the brochures," adds the spokeswoman of the organization.

To this last typology of demands belongs one of the cases recently treated by the OCU, in which the buyer of a new parking space, which he acquired for 49,400 euros, asked for the resolution of the sale and the return of the payment. "The user had bought the square for his only vehicle, about 4.50 meters long, but could not enter before the writing," says Izverniceanu. "When he finally tried to park his car, he realized that it was impossible to do it because of access problems", since the turn of the vehicles had been reduced with respect to the original project.

Although the user had claimed the constructor for a hidden defect, last September the Provincial Court of Barcelona established that it was in fact a breach of contract. "The court understood that this defect is very serious, because it makes the square unusable for the use that the buyer would have given him, without his vehicle being considered of an exceptional size", concludes Izverniceanu.

Subrogation in the mortgage

Beyond these guarantees, acquiring a new home has other virtues, such as "the possibility of subrogate to a mortgage already negotiated by the promoter in a more advantageous conditions than if a used house is bought from a private person ", say the consulted sources of Aedas. They also emphasize that the initial payment to be able to enter the new home can be done month after month during the work, "in such a way that, at the time of delivery, the customer has already disbursed 20% of the price". On the contrary, in the purchase of a second-hand house, this 20% must be immediately and fully available for writing, since the bank does not usually finance more than 80% of the value of the property.

If the loan is subrogated, in addition, the buyer of a new home will save the cost of the appraisal, since it is already done by the developer. With respect to a used house, however, you must pay VAT, at 10%.

Delays in delivery

"Memory of qualities, orientation, copy of the license, dates of delivery, penalties, everything is defined in writing from the beginning", summarizes the general director of the intermediary Your Mortgage Solution, Ricardo Gulias. "In many cases, you can also change the distribution of the home and make improvements, so the purchase becomes an exciting and beautiful process", redounds.

What could happen, according to Gulias, is that there is a delay in delivery, in the event that the City Council delays in issuing the first occupation license. Along with the defects in the finishes, Delays in deliveries historically account for most claims, report from Aedas Homes. "Therefore, we have a protocol for customers to know in advance what are the deadlines to expose the failures and repair them by us," they detail.


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