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Life Events in Spain - Real Estate Home Purchase Agreements When you find a house you´d like to buy, you´ll want to present the seller with an offer to purchase the home. While your real este agent will likely suggest that you use a standart purchase agreement form, it´s best to hire a real estate lawyer to review the contratct.
Spanish legislation introduces the "undertakiing" as the sole reference unit, which may preclude the information and consutation procedure provided for by EU law, when the dismissals would have been considered to be "collective redundancy" had the establishment been used as the reference unit. An EU directive (Council Directive 98/59EC) provides that where an employer is contemplating collective redundancies, he must being consultations with the workers´representatives in good time with a view to reaching an agreement. "Collectives redundancies" means, inter alia, dismissals effected by an employer for one or more reasons not related to the individual workers concerned where the number of redundancies is, over a period of 90 days, at least 20, whatever the number of workers normally employed in the establishment in question. The directive does not apply to collective redundancies effected under contracts of employment concluded for limited periods of time or for specific tasks unless such redundancies take place before the date of expiry or the completion of such contracts. Judgment in Case C-392/13. Contract Details Every home purchase contract called "earnest money agreement" or "residential offer" should include:
Contract of Purchase and Sale regulation on the Civil Code of Spain. Article 1445 Article 1446 Article 1447 Article 1448 Article 1449 Article 1450 |
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Real Estate Area
Restrictions on the title to your Home Convenants and Conditions Convenants and Conditions are agreements, ussually included in the deed to a property, restrictiong the manner in wich the property can be used. Developers may record a documents called "covenants and conditions and restrictions to control the nature and character of a property development for the benefit of future owners. For example, a covenant or conditions may require a property owner to maintain the property according to aesthetic guidelines, such as how you can close the terrace of what colors you can paint your house. Easements An easement is a right to use some part of a property for a specific purpose. An express easement may be contained in the deed to the property or in another document. some examples include: A utility company can run power lines on a property Adjacent property owners may enter into an agreement to share a common driveway that extends over both properties. Liens An owner may agree to place a lien on real property in order to obtain mortgage financing to purchase the property. A lien on real property may also result from a debt of the property owner that is not directly connected to the ownership of the land. Examples include: Unpaid local and state taxes, such as income tax, sales taxes; unpaid child support ; in a divorce case may award one spouse ownership of the marital home, but grant the other spouse a lien on the property to extent of the spouse´s interest in the property at the ttime of the divorce. |