Abstract

BRAVO MOLINA, Juan Carlos. Guarantees, Abusive Clauses and Real Estate Consumer Protection in the Home Purchase Contract. Prolegómenos [online]. 2022, vol.25, n.49, pp.65-86.  Epub June 30, 2022. ISSN 0121-182X.  https://doi.org/10.18359/prole.5112.

the sales contract, due to its content and its scope, determines the contractual civil liability in cases of improper practices and/or abusive clauses or unfair terms that may compromise the agreed contractual obligations, such as the costs of deed and securitization, date and signing of the contract, delivery date, changes in materials, notary, guarantees and deadlines. Home purchase contracts are contemplated in the Consumer Statute (Law 1480, 2011), which regulates the duties and obligations of the buyer and the seller, and in Decree 735 of 2013, which deals with the effectiveness of the real estate guarantee. Subsequently, in Law 1796 of 2016, the protection measures for the home buyer were established. These legislations are complemented by the provisions established in the Colombian Civil Code on contracts, the promise to sell agreement and the legal business for the acquisition of housing. This research aims to answer the following questions: how is the legal balance between buyer and seller attributed during the process of negotiation and purchase of new housing in Colombia? What abusive clauses have been determined in the contracts for the sale of new housing? and, What are the legal sanctions for the inclusion of abusive clauses in the sales contract?

Keywords : real estate; unfair terms; real estate consumer; sales contract; warranty; consumer protection.

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