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JMS Lawyer

  This article comments on the European Union Court of Justice ruling of March the 3rd 2020 on the eventual abusive mis selling of the IRPH variable interest rate in Spanish mortgages. The ruling After all the expectation we finally have the IRPH ruling which you can find...

  Dear all, This is a reminder of the emergency situation we are in since March the 14th that Spain is literally closed including non essential businesses (food suppliers, health services, public order, etc). The emergency declaration of the State can be found here in Spanish. Our...

  This articles talks about how the house reputation affects conveyncing process in Spain. House reputation According to the Cambridge English Dictionary “reputation” means the opinion that people have about someone or something. So the house reputation is the opinion that people have about a house. And there might be...

  What happens if a property buyer do not pay the price in time according to the Spanish law. What happens if a buyer doesn’t pay the full purchase price for a property on time? As strange as it may seem, this situation whereby the person buying a...

  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...