The fresh rules were intended to regulate the real property market, increase transparency of offers and defend consumers from unfair developer practices. Meanwhile, any representatives of the housing manufacture seemingly found a way around the law – publishing absurdly overpriced priceswhich in practice have nothing to do with the real value of the property.
Prices given, but... fictional?
Since the entry into force of the fresh rules, developers are required to supply online housing prices to respond amounts included in improvement contracts. This is theoretically intended to guarantee greater transparency and to enable consumers to compare offers more easily.
In practice, however, the marketplace reacted in a perverse way. As reported by Newsnadzis.pl portal, 1 of the developers has put up for sale an flat with a surface area 29 m2 in Warsaw for PLN 813,000. That means the price per square metre exceeds 28,000 PLN, which is importantly more than the marketplace average in even the most prestigious districts of the capital.
Internet users’ comments leave no illusions – many of them consider it conscious action to discourage questions about price. alternatively of being public, the client is to feel compelled to contact the sales office, where he will receive a “real” price after negotiations.
Is that legal?
According to the current legal state, price information must be actual and non-discriminatory, and misleading the client – e.g. through a drasticly overpriced price in the announcement – can be regarded as breach of collective consumer interests.
In practice, this means that developers utilizing specified practices can be investigated Office for Competition and Consumer Protection (OCT)who has competence to:
- control of tenders published online,
- comparison of prices with real contracts,
- application fines for misleading consumers.
As marketplace experts emphasize, gross discrepancy between the offer price and the transaction price may be classified as unfair marketplace practice, peculiarly erstwhile applied systemicly and massively.
Developer “Tactics of prestige”
It's not the first time the real property marketplace has utilized sales techniques to balance the law. Many developers admit unofficially that the first prices published erstwhile investing on the marketplace are Inflated on purpose – to make the effect of prestige and attract customers from the advanced shelf.
‘Always at the start they give inflated prices, they catch those for whom the higher price is even better due to the fact that ‘prestizh’. Then, as sales decline, they drop 15–25%," writes 1 commentator on the forum.
In practice, this means that initially the price is advanced so that, in the absence of interest, it will be reduced. This kind of action, though common, becomes illegalif the price published on the network is not subsequently reflected in the contract.
UOKiK announces inspections
The Office for Competition and Consumer Protection has already indicated that it will look at fresh developers practices in the context of Development Act and amending the 2023 legislation. They include the work to:
- complete price and metre data,
- publishing actual offers (not indicative),
- ensure consistency between the announcement and the contract.
In case of discrepancy, the Office may request clarification and impose fine up to 10% of yearly turnover the company concerned.
It is worth recalling that in the past, UOKiK has taken action against developers for concealing additional charges or utilizing unfair provisions in contracts. Now it's under the microscope too. Price integrity.
What can the consumer do?
In the light of the fresh rules and possible price manipulation, consumers should:
- be vigilant to suspiciously advanced or underpriced prices,
- check average marketplace prices for the area concerned,
- request a price offer in writing,
- document the discrepancy between the announcement and the actual offer.
In case of suspicion that the price has been overstated intentionally for subsequent discount or that the published offer is Unreliable, it is worth reporting the situation to UOKiK or Ombudsman for Consumer Rights.
Perspective: Will this change the market?
Although the aim of the fresh regulations was to increase transparency in the real property market, current events show that Some developers effort to circumvent the rules, hoping for a deficiency of control or a deficiency of consumer attention. But if the UOKiK actually starts enforce fresh rules with full strictnessThis may mean:
- the end of the inflating of ‘show’ prices,
- greater work for published notices,
- Better consumer protectionwho have been forced to negociate in the dark so far.
In the long term, this may besides affect stabilising marketplace prices and destruct pathological sales practices.
More here:
Developers are overpriced. That's how they care about the fresh rules on the transparency of housing prices.
