Tenant Protection during Renovations and Repairs Living in a rental property over an extended period often involves dealing with issues related to the property’s maintenance or the need for repairs and improvements. It is important for both the owner and the tenant to understand their respective legal obligations regarding the upkeep and maintenance of the property to ensure a harmonious…
HOW TO CLAIM DAMAGES FOR DEFECTS IN NEW HOME CONSTRUCTION The delivery of a newly constructed home often presents specific issues that can manifest as defects in finishing elements or more severe damages or hidden defects. It is common for the buyer to follow up on the home before the deed is signed. Days before taking possession, the buyer checks…
The Arras Contract: Essential Aspects In current real estate transactions for the purchase of built housing, whether new or second-hand, this document has completely replaced the private purchase contract. The arras or deposit provided for in Article 1454 of the Civil Code has traditionally been a preliminary document that operated as a reservation document. Without specifying major features of the…
The threat reflected in the title is certainly not insignificant because the case we want to expose, which is more common than it seems, has its origin in the lack of knowledge, sometimes unjustifiable, that the citizen who wants to build a house has of the legal procedures that this implies in accordance with the urbanistic legality and of the…
The Community of Andalucía has approved a decree-law, the Decree-Law 3/2019, of 24st September, from the Regional Andalusian Government, by which a large number of houses that were in an irregular or illegal situation without supplies or a supply network because they had not obtained a building permit at the time or had been rejected, are now regularised or in…
The possibility that the owner of a piece of land that signs a execution works contract may desist from it, whether the construction have started or not, it is a faculty that the Law recognizes, although it solidifies or links certain effects or consequences that we are going to study briefly in this article. The article 1594 of the Civil…
There are several actions that the Spanish legal system attributes to the buyer of a dwelling due to construction defects after the purchase of the property. Certainly, the system of liability for defects or flaws in the building is complex. There are damages for defective works that can only find an answer in articles 1484 and in following articles of…
Nowadays and more frequently today we find that some operators of the real estate area, who call themselves real estate agents, lack basic legal technical preparation and professionalism. This is what you pay when an activity doesn’t belong to an association and therefore isn’t controlled, with the exception of the real estate agents’ activity. There are real estate agents whose…
What effect does a state of insolvency of a real estate developer have on the property purchase and sale contracts signed prior to its declaration of insolvency? Buyers of properties may be affected at any given time by the insolvency situation that the real estate developer may experience, and it will be necessary to follow its process and see whether…
One of the biggest concerns a buyer of a new home may have is the risk that damage may appear on it after a while and not having the security of protection when the people who intervened in the construction may have disappeared. Precisely as a result of the doctrine of the Supreme Court and of the legislator’s protection to…
