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JMS Lawyer

  This article outlines the nature of a ‘sale and purchase’ type contract as used in Spanish property transactions. It outlines the nature of a ‘breach’ of contract and the right to cancel for the party which has fulfilled its’ obligations. Breach of contract clause Most of you...

  This article answer to some Frequent Asked Questions about the Non Residents Income Tax with regards to property in Spain.   What is the non-resident income tax? Tax on income obtained by non-tax residents in Spain. It is a Spanish direct tax on any kind of income obtained by...

  This article outlines the elements of a sale and purchase contract in Spanish law, including the principle of consent, and examines their role within the process of a property transaction. Also covered in the article is the nature of the property transfer. I would like to...

  New situation of the plusvalia tax.   State of the art of the plusvalia tax in Spain In this post I refer to the situation of the plus valia tax. We recalled that the Constitutional Court and the Supreme Court had established that the plusvalia tax was not due...

  EUCJ General Attorney conclusions on the IRPH official mortgage rate in Spanish mortgages. IRPH. What is that? IRPH stands for “Índice de Referencia de Préstamos Hipotecarios” and it is one of the official interest rates applicable by banks to mortgages after the most used which is the...

  The Spanish Supreme Court ruling of September the 11th 2019 settles definitely the early cancellation stipulation issue included usually in all the consumers’ mortgage contracts. The end of the story? I think so. The Supreme Court ruling is very clear and fair and gives specific instructions on...

  Many banks forced “agreements” with clients trying to eliminate the floor clauses in exchange to better interest rates but without paying all the monies overpaid by consumers back or paying back just a small amount. The validity of these agreements is expecting a ruling from...

  Case law. A default mortgage payments lead to an eviction procedure. The procedure was not notified at all to the owners until the property was repossessed by the bank. This is an interesting case law I had the honour to deal with. Facts The facts were as follows. A...

    This post is a translation into English of an article which original article you can find here in Spanish. The economic crisis forced many homeowners to put their property on the market to sell, although many were unsuccessful due to not finding a buyer or because...

  Current situation of the plusvalia tax specially in the Valencian Region State of the art of the plusvalia tax in Spain In this post I tried to explain what was the plusvalia situation back then. Summarizing brutally the history was as follows:   The plusvalía tax is a...