Real estate agents in liability – breach of duty to inform and lack of legal security when buying property in Spain
With the current decision of the highest Spanish civil court of June 28th, 21st, the legal support for a property purchase is emphasized again.
In the present case, British buyers wanted to buy a property in Spain and were looked after by a real estate agent in Spain.
A private written sales contract was signed and payment in installments was agreed and the purchase price should be paid by the notary appointment and then the notary appointment to sign the notarial deed of sale.
The buyers paid the full purchase price and when the notary was due to take place, it became apparent that the seller had mortgaged the property.
The broker had not obtained an extract from the land register for control and the buyers’ property interests were already endangered in the installment payments up to the notary appointment, which was finally revealed at the notary appointment.
Finally, the buyers sued the broker and the highest Spanish court affirmed the claim for damages against the broker for failure to advise and failure to provide information.
In daily practice, such cases are often found in various facets, including seizure orders and prohibitions of disposal in land register sheets, are not seen and regardless of which payments are made, often even to brokers or sellers, which can later no longer be recovered, or only complex Spanish legal proceedings are initiated Need to become.
We recommend our service package for buying real estate in Spain with legal certainty and German support, including our trust account, where the 10% down payment on a private purchase contract is legally deposited until the notary appointment, so that the purchase price is only paid when the property is actually acquired after checking a current land register extract .
This means that the property buyer has no risk and the honest seller has nothing to object to.
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