OUR law firm advises numerous clients who buy and sell properties in Spain, especially in the area of the Costa Blanca (Denia, Javea, etc.), in the Balearic Islands: Ibiza, Mallorca, and in other locations.
To all of them, as we have indicated in other articles, we recommend, because this is so important, that they obtain and receive expert legal advice from the beginning.
By doing this they can avoid problems or possible breach of contract and it is important to remember that the sale of a property represents an important investment and a significant sum of money.
It is also important that when a seller decides to dispose of a property that he or she should know the legal reality of that property, i.e. its situation at the land registry, cadastre, urban planning, etc.
Only if you fully understand what you are selling and its legal situation should a sale move forward and we can update or sort out any problems that may exist, or where appropriate, sell the property in the state in which it exists having established the true position.
Contracts and agreements with real estate agents for selling.
As we have indicated in previous articles, it is important that sellers make sure that the agent offers the property for sale in accordance with its legal status and condition.
In addition, it is important among many other things, that you agree with the agent that they will be entitled to receive their agents fees as a real estate agent mediating in the sale, only once the sale is consumed, completed and 100 per cent of the price is paid to the seller.
This is normally at the signature of the purchase title deed and if this is not made clear from the outset, the agent could legally claim their fees even before the sale is finished, or even if it is not completed.
Booking, Deposit, Arras … Contracts
On many occasions, buyers and sellers are told that they can sign a reservation, deposit, or ‘arras’ contract without any problem, since it is only an initial agreement, and the important contract is the purchase contract which will normally be signed later.
This advice is absolutely incorrect!
Although it is called by a number of different titles, most of these contracts for reservation, deposit, arras, etc. do in reality represent a properly worded purchase and sale agreement with legal consequences for buyers and sellers.
In addition in many of these contracts, although it seems that they allow any of the parties to withdraw from the contract (penitential arras), in reality it is not the case, as any deposit paid is normally included in a penalty clause.
Therefore, it is essential that you request expert legal advice, before signing any contract or agreement.
In addition, if the fundamental conditions and agreements are not stated and agreed in these initial contracts, it is possible that the parties may not reach an agreement on them in the private purchase contract that should be signed later.
In the event that said purchase contract is never signed due to disagreements, the parties will be bound by the initial agreement, be it the reservation, arras or deposit contract.
If you wish to buy or sell a property in Spain and want to receive expert advice, it is important that you obtain it from the very start so, contact our lawyers and we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel: +34 966 426 185
E-mail: info@white-baos.com
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