The National Consumer Service (Sernac) has filed a class-action lawsuit against the firms “Ávila & Asociados SpA,” “Pisón SpA,” and “Asesorías Habitacionales Ávila y Asociados Limitada” for serious violations of the Consumer Rights Protection Act.
The legal action follows an investigation that uncovered irregularities in the provision of mortgage advisory services. The agency is seeking refunds for fees charged for uncompleted procedures, as well as the annulment of abusive clauses within the contracts.
The companies operate under the promise of helping individuals achieve the “dream of homeownership” by managing mortgages, housing leases, and state subsidies. To do so, they require a minimum fee of 450,000 pesos.
Contractual Irregularities
Sernac's investigation determined that the entities failed to provide truthful information regarding contract terms. Additionally, the authority identified the inclusion of abusive clauses and the negligent provision of services.
Affected consumers allege that the companies requested payments for fees and operational expenses without actually providing the services. In several instances, the firms later claimed it was impossible to finalize the financing after they had already collected the funds.
“The companies have requested payment for expenses without completing the necessary procedures, or have cited subsequent reasons for failing to finalize the financing,” the agency's investigation states.
Regarding claims for refunds, Sernac reported that the companies have failed to provide satisfactory responses to those affected. The lawsuit also seeks to hold all three corporate entities accountable as a single economic group to prevent them from evading responsibility.
The legal proceedings also seek damages for those who did not receive the services they contracted. The potential fines facing those responsible amount to 1,800 UTM, which is approximately 125 million pesos.