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SALE AND PURCHASE CONTRACTS IN SPAIN
This article outlines the elements of a sale and purchase contract in Spanish law, including the principle of consent, and examines their role within the process of a property transaction. Also covered in the article is the nature of the property transfer. I...
Plusvalia update again
New situation of the plusvalia tax. State of the art of the plusvalia tax in Spain In this post I refer to the situation of the plus valia tax. We recalled that the Constitutional Court and the Supreme Court had established that the plusvalia tax was not...
What happens with the IRPH
EUCJ General Attorney conclusions on the IRPH official mortgage rate in Spanish mortgages. IRPH. What is that? IRPH stands for “Índice de Referencia de Préstamos Hipotecarios” and it is one of the official interest rates applicable by banks to mortgages after...
Early cancellation stipulation final outcome
The Spanish Supreme Court ruling of September the 11th 2019 settles definitely the early cancellation stipulation issue included usually in all the consumers’ mortgage contracts. The end of the story? I think so. The Supreme Court ruling is very clear and fair...
Floor clauses modification “agreements”?
Many banks forced “agreements” with clients trying to eliminate the floor clauses in exchange to better interest rates but without paying all the monies overpaid by consumers back or paying back just a small amount. The validity of these agreements is expecting...
Right to a fair trial
Case law. A default mortgage payments lead to an eviction procedure. The procedure was not notified at all to the owners until the property was repossessed by the bank. This is an interesting case law I had the honour to deal with. Facts The facts were as...
FOUR TIPS TO CONSIDER WHEN SELLING A RENTED PROPERTY
This post is a translation into English of an article which original article you can find here in Spanish. The economic crisis forced many homeowners to put their property on the market to sell, although many were unsuccessful due to not finding a buyer...
New plusvalia update
Current situation of the plusvalia tax specially in the Valencian Region State of the art of the plusvalia tax in Spain In this post I tried to explain what was the plusvalia situation back then. Summarizing brutally the history was as follows: The...
NEW MORTGAGE REGULATIONS IN SPAIN I
Notes on the new mortgage regulations in Spain New mortgage regulations The Act 5/2019 of March the 15th 2019 of the Spanish Parliament approved the new mortgage regulations. You can check the official journal here. Its complete name is Act of real estate...
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