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DECREE 218/2005, REGULATION REGARDING CONSUMER INFORMATION IN THE PURCHASE AND SALE AND RENTAL OF PROPERTIES IN ANDALUSIA

LAW 13/2003DEFENCE AND PROTECTION OF CONSUMERS AND USERS IN ANDALUSIA

DECREE 218 DOCUMENTO INFORMATIVO ABREVIADO (Abbreviated Information Document)

RULES TO BE MET WHEN ADVERTISING REAL ESTATE IN SHOPWINDOWS
SPAIN: Not everything is for real.  However, when developers or Real Estate Agents announce a home for sale or for rent, the law requires that the publicity providedfor a property must describe the actual characteristics, condition and utility of the property.

Andalusia legislation goes further. Andalusia requires that advertisers have a number of documents available to the buyer. Under the registration and In order to provide consumer protection, lack of such documents is punishable.

Professional Vendors and Lessors have to have certain publicly available information on each home including, among others, clear identification of the identity of the seller or landlord, an overall housing site plan, a description and layout of electricity networks, water, gas and heating, etc., as well as the description of the property with a useful and general description of the building, common areas and ancillary services.

Andalusia is the more rigid than most in pursuing the regulations regarding advertising (Decree 218/2005) by real estate professionals.Such professionals are obliged by law to create a Documento Informativo Abreviado de la Vivienda (DIA), a report containing all information about the homes and the seller that must be delivered free of charge to anyone interested in a property.

The Real Estate Agency must display a sign in their premises informing the public that a "DIA Document" on any property will be provided upon request. This sign has to be placed adjacent to the sign for the "Complaints Book", of similar size and in Spanish at least.

Inspections and penalties are very common.For example, fines have been applied for omitting the living space square metres in property descriptions.