COLLABORATORS AREAReal estate purchase
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Registration cancellation of a resolutive condition
The General Directorate of Legal Security and Public Faith (DGSJFP) has resolved a practical case that may surprise those who are not familiar with the operation of the Property Registry. It was a purchase of several properties that were encumbered with a resolutive condition (a kind of "insurance" or guarantee that could cause the sale to be undone if the agreed conditions were not met). When the purchase deed was made, the notary also requested the registration cancellation of that resolutive condition. To justify that cancellation, in the actual purchase deed cancelled registration documents were related
(economically and legally), the Registry could qualify and process them "as a whole", in a single step. However, the registrar refused to register the cancellation. His reason? That the cancellation
However, the registrar denied registration of cancellation. Its reason? That the cancellation was not a simple addition or complement to the sale, but a different and autonomous title , and therefore had to be submitted separately, with its own presentation entry , in order to initiate the corresponding registration procedure for that cancellation.
The DGSJFP confirms the registrar's criteria and dismisses the notary's appeal. Including the electronic authenticated copy of the cancellation deed within the sale does not equate to having submitted it jointly in the Registry validly. Furthermore, it emphasizes that cancellation is not a requirement for the sale to be valid, but an independent legal transaction that must follow its own registration "lane."
Our professionals can advise you on the negotiation of a real estate sale contract and/or earnest money agreement and analyze the clauses that may be proposed by the other party from the perspective of your intentions and interests
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Elevator maintenance
Nullity of duration clauses and excessive notice in successive contracts This case deals with a typical contract for “preventive maintenance” of elevators, which are not fulfilled in a single day, but are provided month by month (what is called in law a successive contract). A maintenance company sued a community of owners because it decided to terminate the contract before the agreed term expired. The company claimed two things, on one hand, that unpaid invoices were paid; and, on the other, compensation for “breaking” the contract early. The conflict revolved around two clauses of the contract where one set a duration of 3 years and the other required a notice of 180 days (six months) in advance if one wanted to terminate the contract. The community argued that these conditions were abusive in the case of a consumer (in this case, the community itself). In the first instance, the court ruled in favor of the company, ordering the community to pay both the compensation for early termination and the outstanding invoices (in addition to interest and costs). However, on appeal, the Provincial Court of Málaga changed the criterion, declaring the 3-year duration clause and the 180-day notice clause null and abusive. What is the practical consequence? If those clauses are invalid, the company cannot rely on them to demand a penalty or compensation for having terminated the contract early. Nevertheless, the community must pay what it actually owed, the outstanding invoices for services already rendered. The Supreme Court confirmed this outcome, the duration and notice clauses are considered null, no compensation is due for ending the contract early, and only unpaid invoices are owed.
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Urban leases
Does a reversible work by the tenant give the owner the right to terminate the contract?
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Urban Leases
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