Bibliographic citations
Enco, K., Lopez, W. (2023). Estudio del deber de idoneidad en las relaciones de consumo en el sector inmobiliario, distrito de Tarapoto - 2023 [Universidad Nacional de San Martín. Fondo Editorial]. http://hdl.handle.net/11458/5805
Enco, K., Lopez, W. Estudio del deber de idoneidad en las relaciones de consumo en el sector inmobiliario, distrito de Tarapoto - 2023 []. PE: Universidad Nacional de San Martín. Fondo Editorial; 2023. http://hdl.handle.net/11458/5805
@misc{sunedu/3645187,
title = "Estudio del deber de idoneidad en las relaciones de consumo en el sector inmobiliario, distrito de Tarapoto - 2023",
author = "Lopez Bardalez, Wilber Antonio",
publisher = "Universidad Nacional de San Martín. Fondo Editorial",
year = "2023"
}
Study of the duty of suitability in consumer relations in the real estate sector, district of Tarapoto - 2023. The general objective of this thesis is to study how the duty of suitability is fulfilled by real estate companies in the context of consumer relations for the sale of land lots in the district of Tarapoto - 2023, and as specific objectives: to identify the specific commercial practices in the real estate sector of sale of lots in the district of Tarapoto - 2023, which contribute to the non-compliance with the duty of suitability by real estate companies; to explore the perceptions and experiences of consumers in relation to the duty of suitability of real estate companies in the sale of land lots in the district of Tarapoto - 2023; and to identify the elements and criteria that define the consumer relationship in the sale of land lots by a real estate company, in the district of Tarapoto - 2023. It is an applied research, with a qualitative approach, non-probabilistic sampling, by convenience, exploratory level and with a non-experimental research design. The population consisted of 05 legal professionals with experience in consumer protection and 20 consumers who have been part of a consumer relationship with a real estate company in the district of Tarapoto and 5 representatives of real estate companies: Grupo Inmobiliario Cerro Azul, Constructora e Inmobiliaria Andrómeda S.A.C., Constructora e Inmobiliaria S & S S SAC, LTPROYECTS and VELFA SAC. The results of the first objective, by applying a documentary analysis guide, showed that the following are commercial practices that influence non-compliance with the duty of suitability: i) Lack of transparency in information; ii) Dissemination of incorrect or misleading information; iii) Omission of relevant information; iv) Unjustified delay in the delivery of documents; v) Non-compliance with legal standards and others. From the second objective, by applying a questionnaire and interview guide, it was obtained that the information provided by the supplier on the characteristics, nature and legal situation of the lot is part of the perceptions and expectations of consumers, real estate companies and experts, since they assume the importance that must exist between the correspondence of what is offered and what is received. As for the third objective, after applying an interview guide, it was obtained that, in order to define a consumer relationship, it is necessary to identify whether both seller and buyer are classified as supplier and consumer respectively, for which purpose the provisions of numeral 2 of Article IV of the Preliminary Title of Law 29571 must be taken into account. Thus, in conclusion, the commercial practices that infringe the duty of suitability in the real estate field range from lack of information transparency to unjustified delays in the delivery of the lot; both real estate companies, consumers and experts agree on the importance of information and compliance with agreements in the decision-making process by the consumer; written contracts are relevant to define the consumer relationship, noting that proof of payment, although useful as evidence, are not sufficient on their own. Likewise, it is imperative to identify the buyer as the final consumer and the company as the supplier in order to determine the consumer relationship, considering the legal criteria established in Law 29571.
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