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JMS Lawyer

  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...

Old advice on Inheritance and Donation Tax after Brexit I recently published two articles about Brexit and Inheritance Tax which you can read here and here, advising that making donations of Spanish property to spouse and children before Brexit could be a tax wise saving decision as you would...

The EUCJ decided on the December the 21st of 2016 Ruling on some queries made by Spanish courts regarding the possibility to force the banks which applied abusive floor clauses to customers to pay back to them all the monies that the banks charged as excessive...

  Current situation on the plusvalia tax in the Spanish conveyancing system Introduction The plusvalia tax is a complex and delicate issue from a legal point of view. Below, I have tried to give a simplified summary of the current situation. I also give my adiveif you are ...

Early Cancellation Stipulation The European Union Court of Justice’s General Attorney recommends to delcare them null and void in full. The consequence is that this stipulation do not exist. But the rest of the contract remains in force. You can read the article in Spanish here. Usually,...