European UnionThe property developer advertised amenities that were never built. What are my remedies?
You may claim compensation, rescind the contract, or demand performance if a developer’s advertised amenities were false or misleading — protected under EU consumer law on unfair commercial practices and misleading advertising.
What the Law Says
EU law protects buyers from misleading property advertisements through the Unfair Commercial Practices Directive, which applies directly to developers’ pre-contractual promises about amenities.
Under Directive 2005/29/EC (the 'Unfair Commercial Practices Directive' or 'UCPD'), a commercial practice is misleading if it 'contains false information' or 'deceives or is likely to deceive the average consumer' regarding key characteristics of a product — including immovable property and its associated amenities.
The Directive defines 'product' to include 'services, immovable property, rights and obligations', and explicitly covers 'information on the main characteristics of the product' — such as swimming pools, gyms, concierge services, or green spaces — when used in advertising.
Member States must ensure that misleading practices are prohibited and that effective, proportionate and dissuasive penalties apply. National courts must also allow consumers to seek redress, including contract termination or damages.
Statutory TextA commercial practice is misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer...
— Directive 2005/29/EC, Art. 6(1)(a)
Statutory Text‘Product’ means any goods or service, including immovable property, rights and obligations...
— Directive 2005/29/EC, Art. 2(c)
Statutory Text‘Main characteristics of the product’ includes... the existence and nature of after-sales customer assistance...
— Directive 2005/29/EC, Art. 2(d)
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.