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.

The definition of collective redundancy under Spanish law is contrary to EU law
4.Aug..15 - 7:00 pm

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
25.Sep.08 - 12:00am

Every home purchase contract called "earnest money agreement" or "residential offer" should include:

  • Purchase price you´re offering.
  • Amount of down payment (called deposit).
  • How long the offer will open. It´s best to limit the seller to not more that 48 hours to respond to your offer, to keep the seller from waiting for better bids from other buyers.
  • The date the sale will be finalized (closed) and the date you´ll move in.
  • Who will hold the deposit money (ussulally an escrow agent) and who will be the closing agent and/or the escrow agent for the closing.
  • Items to be included in the sale, such as carpeting, lighting fixtures, appliances and so forth.
  • Items not included in the sale.
  • A legal description of the property.
  • A guarantee that the seller will provide clear title to the home, through an abstract of title, certificate of the Land Register or a title insurance policy.
  • A provision that the seller is responsible for paying utility bills, property taxes, insurance and other house-related expenses through the closing date.
  • Language that requires the return of your deposit if the sale isn´t completed due to not obtaining financing or some other contingency of sale.
  • An inspection clause that allows you to have the home inspected by a professional inspector, ussually within a few days of the date of the contract. This provision should make your purchase offer contingent on a satisfactory inspection report.
  • Language that details when you can do a walk-through inspection before the closing date to make sure everything is in order according to the garantees made in the contract.
  • A mortgage contingency provision that allows you to be released from your offer if you´re unable to obtain a loan in a specific amount at specific interest rate within a specific amount of time (ussually between 30 and 60 days).
  • A provision that requyires the seller to pay a certain amount of money for every day beyond the date of your occupancy that the house is not available for you to move into (called liquidated damages clause).
  • A clause that makes the offer contingent on selling your current house, if you´ll need to do that before you can move.

  • Contract of Purchase and Sale regulation on the Civil Code of Spain.

    Article 1445
    In a contract of purchase and sale one of the contracting parties binds himself to deliver a specific thing and the other to pay a price certain for it in money or in something representing the same.

    Article 1446
    If the price of the sale should consist partly in money and partly in something else, the contract shall be classified by the manifest intention of the contracting parties. Should this intention not be stated, the contract shall be considered a barter if the value of the things given as a part of the price exceeds that of the money or its equivalent, and otherwise it shall be considered a sale.

    Article 1447
    In order for the price to be considered a price certain, it is fixed with reference to another thing certain, or that its its determination is left to the discretion of a specified person. If such a person is not able to or does not wish to fix the price, the contract shall become inoperative.

    Article 1448
    The price in the sale of securities, grain, liquids, and of other fungible things shall also be considered certain when it is put in reference to the price that the things sold would have on a certain day, exchange or market, or when fixed based on a certain rate above or below the price of such day, exchange or market, as long as it is a price certain.

    Article 1449
    The determination of the price can never be left to the discretion of one of the contracting parties.

    Article 1450
    The sale shall be perfected between purchaser and vendor and shall be binding on both of them, if they have agreed upon the thing which is the subject matter of the contract and upon the price, even if neither has been delivered.

    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.


    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.


    A lien is a charge on property to satisfy a debt or other obligations.

    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.