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JMS Lawyer

  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...

  Notes on the new mortgage regulations in Spain New mortgage regulations The Act 5/2019 of March the 15th 2019 of the Spanish Parliament approved the new mortgage regulations. You can check the official journal here. Its complete name is Act of real estate contracts. The Act should...

  How does a a penalty clause work in the Spanish conveyancing system What is a penalty stipulation? I would like to try to explain easily (if possible) how it works a penalty clause in a property sale and purchase contract. A penalty stipulation is an stipulation which sets...

  Option to purchase contracts are a feature of the Spanish property market. These sometimes require a payment from the prospective purchaser. Purchasers need to understand the nature of option to purchase contracts. What does it mean? Frequently estate agents will ask for some money to prospective property...

  A particular clause or agreement within Spanish law, called “arras penitenciales”, allows either party in a contract to breach the contract with more limited liability than is normal. It is something to be wary of when purchasing property in Spain.   What are the “arras penitenciales”? There is...