Don’t Be a Victim of Abusive Clauses in Spanish Property Contracts
Buying property in the land of salsa, bullfighting, delicious food, and beautiful scenery is a major life decision. Spain is a popular country among tourers. Many of them end up buying their own Spanish property, either to commit or to have a place to spend their vacation. The whole process may be tangled and exhausting, but admit it: getting your own piece of Spanish heaven is definitely exciting.
However, be alert and careful when buying Spanish property, especially when signing the purchase contract. More often than not, there are abusive clauses that appear in such contracts. There are several types of clauses that you should see out for in order to preclude yourself from wasting your money on a property, over which you don’t have complete control.
Examples of abusive clauses One of the clauses that you should look for is the exact date of termination of the property. Keep in mind that there is a big difference between the termination date given in the showroom (for example, 3 years from today) and what is actually said in the contract presented to you for signing (say 2 years from the time the building license was issued).
As the buyer, you have no control over the working up license or when the construction actually starts. If you sign the catch with this clause included in it, your right to claim hurts or to cancel the contract is nullified. You would just have to wait.
Another common abusive clause in Spanish property contracts is the right of the developer to make changes to your purchased property even after the sale. For example, the developer tells you that thither will be a Jacuzzi in your bathroom. This is also stated in the contract. However, after the construction of your property, you see only a shower instead of a Jacuzzi.
You can take the matter to court of course, pleading the loss of value of your property (since you didn’t get what you paid for). But if you’re not willing to take this course of action, you have no choice but to be content with your shower, since the change is legal based on your contract.
How to defend yourself According to the Spanish Consumer’s Association, these abusive clauses are common practice when purchasing Spanish property. The sad fact is that many consumers are not aware of their legal redresses regarding the matter. On the average, there are at least 5 stipulations that can be considered abusive of the customer’s legal rectifies.
If you’re a foreign emptor, don’t forget to take the following steps in order to defend yourself from abusive clauses in Spanish property contracts:
1. Hire a property agent who is fluent in the Spanish language and rests in the area where your trusted property is located. Make sure that the agent comes from a reputable company and does concern with utmost integrity.
2. Get the services of a Spanish lawyer who is fluent in English.
James scurrah is a real estate agent with years of experience on the Spain property market
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