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…
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…
The Law attributes to the Public Administration the necessary legal instruments to act in the event of an urban infraction so that, apart from sanctioning for this aforesaid illegal act, it restores the current urban situation before the urban infraction takes place. Three are the cases of urban infractions. a) and b) Works built without obtaining or applying for the…
What happens if in a newly acquired property appear structural damages of such magnitude that in the event of having known that, the house would have not been bought or would have had an evident discount on the purchase price? These are the so-called hidden faults. This is about deal with significant damage and not with so-called defects in the…
This is one of the most frequently asked questions by property owners since it is an issue for them; the fact of facing this inappropiate situation, in which a tenant owes him rent and also the landlord is required to go to court and bear some costs that although he may later recover for now he must advance them. The current…
A major issue and object of numerous legal claims in Spain has been the existing legal regulation in relation to the obligation of the Developers to guarantee the amounts they charged in advance at the time of carrying out a purchase of a dwelling in Spain, off-plan or under construction. This regulation has been modified by the Law 20/2015 of…
Can the demolition of a residential area of 52 houses be produced in Spain? This question has an easy answer and is that as we have said in several articles, the buyer has to be very careful when buying the property in Spain and he must to understand that he should use services of lawyers independent of the developer and…
The joint ownership or condominium as a situation in which several people have the shared ownership of a real estate is considered in our Civil Code with a capital regulation without prejudice to other specific regulations for figures that have acquired their own substantivity as for example the Horizontal Property Law. Usually, the origin of this shared ownership situation derives…
