The consumer who purchase an off-plan property is exposed, among other risks, to the lack of conformity of the object finally delivered. It is a different situation to the presence of construction defects, which have their specific regulation. The contractual nature and therefore binding for the Promoter of all materials delivered in the pre-contractual phase, such as advertising brochures, quality reports, plans and projects, are addressed. The limits to the right of modification that the Promoter has are commented because construction is a dynamic process, and when can he appeal to the impossibility of compliance. And the possible consequences of the lack of conformity are exposed, depending on the essentiality of the breach, with an appointment of judicial decisions that give proof of the varied casuistry we attended. The consumer must be diligent in his claim, from the moment he becomes aware of the non-consented modification.
PALABRAS CLAVE Vivienda, compra sobre plano, consumidores, integración del contrato, falta de conformidad, incumplimiento contractual, resolución e indemnización.