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PENALTY CLAUSES
How does a a penalty clause work in the Spanish conveyancing system What is a penalty stipulation? I would like to try to explain easily (if possible) how it works a penalty clause in a property sale and purchase contract. A penalty stipulation is an...
TAKING A PROPERTY OFF THE MARKET
Option to purchase contracts are a feature of the Spanish property market. These sometimes require a payment from the prospective purchaser. Purchasers need to understand the nature of option to purchase contracts. What does it mean? Frequently estate agents...
The European Union Court of Justice rules on early cancellation stipulation on Spanish mortgages
The EUCJ ruling on the validity of the early cancellation stipulation on Spanish mortgages states that if when they are abusive they are void and null. Early cancellation stipulation I explained here the situation of this stipulation. I would like to remind...
Beware this Clause in Spanish Property Contracts
A particular clause or agreement within Spanish law, called “arras penitenciales”, allows either party in a contract to breach the contract with more limited liability than is normal. It is something to be wary of when purchasing property in Spain. What...
Old advice on Inheritance and Donation Tax after Brexit
Update on Inheritance and Donation Tax in Spain and Brexit. Old advice on Inheritance and Donation Tax after Brexit I recently published two articles about Brexit and Inheritance Tax which you can read here and here, advising that making donations of Spanish property...
Floor clause
The EUCJ decided on the December the 21st of 2016 Ruling on some queries made by Spanish courts regarding the possibility to force the banks which applied abusive floor clauses to customers to pay back to them all the monies that the banks charged as excessive...
Plusvalia Tax Update
Current situation on the plusvalia tax in the Spanish conveyancing system Introduction The plusvalia tax is a complex and delicate issue from a legal point of view. Below, I have tried to give a simplified summary of the current situation. I also give my adive if you...
You can save thousands of pounds on Spanish Inheritance Tax before Brexit
Brexit is coming Yes. Finally, Brexit is definitely coming but I feel like nobody is really sure about how is it going to taste. That is why I would like to give some good news for the tax wise people. Inheritance Tax before Brexit Nobody knows whether will be a...
Thousands of Eviction Procedures Null and Void
Early Cancellation Stipulation The European Union Court of Justice’s General Attorney recommends to delcare them null and void in full. The consequence is that this stipulation do not exist. But the rest of the contract remains in force. You can read the article in...
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