Chile's National Consumer Service (Sernac) filed a class-action lawsuit on Monday against three mortgage advisory firms for alleged violations of the Consumer Protection Act. The legal action targets “Ávila & Asociados SpA,” “Pisón SpA,” and “Asesorías Habitacionales Ávila y Asociados Limitada.”
The lawsuit follows an investigation that uncovered practices harmful to clients of these real estate management services. The agency identified a lack of timely information regarding contract terms and the presence of abusive clauses in legal documents.
Charging for services not rendered
The core of the complaint centers on fees charged without the actual provision of contracted services. According to the evidence gathered, several consumers paid for assistance intended to facilitate property purchases or lease-to-own agreements.
After making payments, users were notified that their requested financing was not viable. Despite the lack of results, the companies retained the fees paid for the initial management process.
Sernac also identified poor handling of refund requests. Those affected reported that the defendant companies either failed to respond to their complaints or offered solutions that did not address the financial loss.
Through this legal action, the agency is seeking the reimbursement of amounts paid by those affected. It is also calling for the nullification of clauses deemed abusive within the firms' contracts.
The lawsuit includes a request for damages for clients who did not receive the promised services. Furthermore, Sernac is asking the court to hold all three companies accountable as a single economic group to prevent them from evading responsibility.
Finally, the agency has requested fines for violations of current regulations. These penalties could reach 1,800 UTM, an amount equivalent to approximately 125 million pesos.