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Consejos a tener en cuanta para la compra de una casa “prefabricada”

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Consejos a tener en cuanta para la compra de una casa “prefabricada”

Consejos a tener en cuanta para la compra de una casa “prefabricada”

Por: Mariela A. Moncada (Abogada – Mediadora)

En nuestro país existe un problema habitacional que venimos arrastrando desde hace décadas, y muchas familias, con el objetivo de dejar de perder plata en un alquiler, deciden aunar sus esfuerzos y comenzar a ver la posibilidad de comprar una casa. Al buscar las distintas alternativas para la compra de una propiedad, y consultando los requisitos para tramitar un “crédito hipotecario” en algún banco, se dan con que, por la cantidad de requisitos que piden, muchos quedan fuera por no poder cumplimentarlo, entonces queda la opción de adquirir lo que se llama una casa “prefabricada”.

Esta modalidad de construcción está en auge porque brinda la posibilidad de que las familias tengan su propiedad en un breve plazo (algunas prometen construir la propiedad en 45 días), y sin necesidad de mayores requisitos. Pudiendo incluso construir la propiedad “arriba de la casa de los padres” (o de algún familiar). Pero así como se plantea la posibilidad de acceder en forma rápida, también existe algunos riesgos o problemas que pueden surgir, por lo cual, es necesario que estemos prevenidos, que conozcamos cuales son nuestros derechos y que evitemos que nos “engañen”.

Por ello, en razón de algunas quejas recibidas en nuestra asociación, he elaborado una serie de consejos para que los tengamos en cuenta a la hora de optar por este tipo de construcciones.

A TENER EN CUENTA: RESPECTO DE LA EMPRESA QUE CONTRATAREMOS.

Verificar si la empresa se encuentra registrada en nuestra ciudad, si posee habilitación municipal, si está inscripta en Ingresos Brutos en rentas de la provincia, si se encuentra registrada en AFIP, esto lo podemos chequear en cada dependencia (municipalidad, rentas o afip) con solo brindarles el nombre y número de CUIT de la empresa). Verificar desde cuando están en el mercado, en el rubro de la construcción, cuantas viviendas entregaron, la satisfacción de los clientes (esto lo pueden chequear con datos que le brinde la misma empresa, verifiquen ustedes mismos que lo que les dice la empresa sea real), o con comentarios de vecinos, amigos, en redes sociales. Este punto es muy importante, porque un cliente satisfecho, generalmente “recomienda”. Llegate a la oficina de defensa del consumidor y pedí que te informen si la empresa tiene denuncias por incumplimiento de la ley de defensa del consumidor, pregunta si la empresa ha sido anteriormente multada y sancionada por esta oficina.

A TENER EN CUENTA: RESPECTO DE LA CONSTRUCCIÓN.

Asesórate bien como es la construcción, que materiales utilizan (que lo que te digan quede BIEN ESPECIFICADO EN EL CONTRATO) todos y cada uno de los materiales, desde el ladrillo, cemento, cañerías, etcétera. Si te dicen que utilizaran “aberturas de primera calidad” que te especifiquen “materiales y marca de la misma”… se cometen muchos abusos respecto de este punto, porque te lo ofrecen “genéricamente” pero en la práctica te colocan cualquier material y no siempre es de “primera calidad”. Asesórate también respecto de las terminaciones de la construcción, punturas, llave de luz… todo tipo de detalle que quede especificado en el contrato. Asesórate y que te especifiquen en el contrato, respecto si la propiedad se entregara con los accesorios de la misma, como por ejemplo si te pondrán el aparato de la cocina, el calefón, el inodoro y el bidet, o solamente se limitan a levantarte “las paredes y techo” de la propiedad. Asesórate y que se especifique en el contrato PLAZO DE COMIENZO DE LA OBRA Y PLAZO DE ENTREGA, es muy importante esto para que vayas controlando la obra. Si te dicen y te muestran una propiedad “tipo” y te dicen que tu propiedad será igual que esa, exigí que por contrato te especifiquen esto, y anda controlando la obra para que a medida que vayan levantando la construcción se vaya respetando. Si podes, antes de firmar, lleva el contrato que te harán firmar, para que te lo vea y controle tu abogado de confianza, para ver que no haya nada dejado al azar y que se respeten todos tus derechos.

RESPECTO DEL PAGO Y FORMAS DE PAGO:

Asesórate respecto de la “forma de pago”, si te solicitan entrega de un “anticipo” solicita que te especifiquen bien los alcances de ese anticipo, que es lo que cubre tu pago, y a partir de ahí cuando comenzaras a pagar las cuotas. Pregunta y que te especifiquen (bien claro y por contrato) el costo total de la obra COMPLETO. Que quede bien especificado y detallado, el costo de la obra (rubro por rubro, materiales, marcas y características) y también los “gastos administrativos “ (y otros gastos) que te van a cobrar para que no te digan después que te falta entregar “x” cantidad de dinero que no te fue informada desde el inicio. Asesórate respecto de las cuotas, si son fijas o si sufrirán variación a lo largo del tiempo. De todo dinero que entregues EXIGÍ QUE TE ENTREGUEN FACTURA O RECIBO ( tiene que ser el recibo oficial de AFIP, no el de talonario de librería). No es recomendable pagar todo por anticipado, es mejor ir entregando dinero a medida de que van cumpliendo las obligaciones de la construcción. No confíes en lo que te digan que “harán”, que quede todo por escrito.

Ante la primera situación de “incumplimiento” por parte de la empresa, no dejes que pase el tiempo, de inmediato pone abogado o llegate a Defensa del  Consumidor para que se los obligue a cumplir.

No te quedes con dudas, consulta a los que saben y pueden defender tus derechos: a tu abogado, a la defensoría del consumidor, a las Asociaciones de Consumidores.

Tene en cuenta estos consejos para que no te salgan con “un martes 13” y que el sueño de tu casa propia, no se termine convirtiendo en pesadilla.

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