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Can developers be held accountable for failing to meet the qualities offered?

Vivienda. Segundos compradores

The second purchasers of a property are entitled to claim from the developers the cost of replacing the qualities to bring them into line with the advertising and specifications given to the original purchasers.

This is the opinion of the Supreme Court in a recent ruling that puts an end to a lawsuit initiated when the purchasers of a second-hand property claimed from the developers of the property the cost of changing all the doors and cupboard fronts of the house that did not correspond to the specifications given to the purchasers of the new property.

The developers responded to the claim by pointing out that the second purchasers could not bring a contractual liability action against them; they had not contracted with them, they had not been expressly assigned any shares and the defects in the doors did not affect the essence and integrity of the property, but rather its improvement.

However, the Supreme Court has ruled in favour of the second-hand buyers, stating that the action brought to claim for the difference in the quality of the doors and wardrobe fronts is of substantial importance, insofar as the sellers manifestly failed to comply with the commitment acquired by virtue of the specifications, which must be respected to the letter. It is not a mere accessory condition, since it forms part of the core or essential content of the commitments acquired.

Remember that the law gives second-hand buyers legal standing to defend their rights, acquired derivatively on the basis of the sale and purchase of the previous owners, who never waived them.


In situations of this type, our professionals will analyse the circumstances in order to take the most appropriate action to defend your rights.