5.5 Buyers right
Sometimes,where there is a great demand for a particular property,the buyer may not have many options to negotiate the terms of the contract,forcing the buyer to exchange contracts so as not to loose the property.If this is the case,the buyer should be aware that Spanish law protects their interest as follows:
• If the contract contains unfair clauses,these will be considered null and
• void even though at this stage, the buyer has signed the contract.
• In case of doubt,as to the interpretation of unclear clauses,
the benefit
• will be given to the buyer.
• All the promotional and advertisement material
relating to the property
• will form part of the purchase contract.
• Any breach of the Consumers Protection Act by the
developer will be
• considered as an administrative
breach, sanctioned with a fine.
In practice,these rights may not be easy to claim and
the buyer may have to sue the seller to prove their case.
Therefore it is advisable that all these issues be dealt
with by your solicitor well in advance.
5.6 Unfair clauses
We set out below an example of some common unfair clauses heard by Spanish Tribunals,used by developers in their standard contracts.The list is not exhaustive and you should consult your solicitor for further explanation.
• Clauses stating estimates or a mere indication of a date for completion
• or completion dates subject to the developer ´s discretion. Developers
• often only give estimated dates for completion. These are not
• guaranteed dates.
• Giving the developer the right to change the contract terms without
• obtaining the buyers consent.For example, a significant change in
• materials or layout of the property.
• Requiring the buyer to take over the developer ´s mortgage. Very
• often,the developer ’s contract states that the buyer must take over the
• current mortgage. Sometimes the contract states that if the buyer does
• not want to take the mortgage,then redemption expenses must be paid
• by the buyer.
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