GIPE Newsletter (Nº 24.166) June, 2nd 2025

REAL ESTATE PROPERTY:

DO I HAVE TO NEGOTIATE WITH SQUATTERS?

There is an expedited judicial procedure that allows the recovery of an illegally occupied property without first having to resort to alternative dispute resolution mechanisms, as currently required by law. This procedure is known as summary protection of possession.

Important note:

This process does not seek to determine who the legitimate owner is, but rather to restore possession of the property to the person who held it before the eviction or before it was illegally occupied.

Available methods:

Ordinary:

This procedure can be used by both individuals and legal entities, whether public or private.

Immediate:

This procedure is reserved exclusively for individuals who are owners or have a legitimate right of use (such as usufructuaries or tenants), as well as for certain public or non-profit entities.

Important: This option is only valid for residential properties, regardless of whether or not they are the primary residence. It does not apply to commercial premises, offices, land, or other real estate.

Evidentiary requirements:

In both cases, it is necessary to prove that the property was in possession and that an eviction has occurred. This differentiates it from precarious eviction, where it was only necessary to prove that there was no contract or authorization to occupy the property.

REAL ESTATE INTERMEDIATION:

BREACHED THE EXCLUSIVITY AGREEMENT!

A real estate agency received the agreed-upon fees for the sale of a home because the owner breached the previously established exclusivity agreement.

The signed contract included an exclusivity clause for a period of six months. If the seller failed to comply with this agreement, they would have to pay the agency 3% of the purchase price.

Note: The court considered that these types of clauses are valid as long as they are drafted clearly and understandably, as this way the client can be fully aware that they are accepting exclusivity for a specific period.

In short, the exclusivity clause in real estate brokerage contracts is legal as long as it is transparent and reasonable.

GIPE: Together we will be stronger