GIPE Newsletter (Nº24.185) October, 15th 2025

REAL ESTATE BROKERAGE:

MY FEES AREN’T BEING REDUCED!

Initially, the courts [AP Madrid, 02-04-2025]  had established a 50% reduction in fees. However, the broker ultimately managed to collect 100% of his commission. When, thanks to his involvement, the sale is finalized—that is, there is an agreement on the subject matter and price—the agency is entitled to collect its fees, even if its participation was limited to a single visit.

COMMUNITY OF OWNERS:

CAN WE CALL IT?

Owners representing at least 25% of the shareholdings are empowered to request the convening of a meeting. According to the Supreme Court [SC 02-06-2025], it is primarily the president’s responsibility to call such a meeting, and only secondarily the responsibility of the owners who promote it. Therefore, they must first contact the president to call the meeting; if the president fails to do so within a reasonable timeframe and without just cause, they may call it themselves. However, if the meeting is called directly without first making this request to the president, the agreements adopted may be declared void.

LEASES:

THIS IS NOT CONSIDERED A WAIVER OF THE MINIMUM TERM

In residential lease agreements, the mandatory minimum term is five years when the landlord is a natural person and seven years when it is a legal entity. Any clause that reduces this term to the detriment of the tenant is considered void.

However, the court [AP Mallorca, 12-05-2025] has ruled in favor of the landlord: it is valid for both parties to subsequently and freely and voluntarily agree to terminate the contract before the minimum term expires.

Therefore, a mutual agreement to terminate the lease before the legally established time is perfectly valid.

GIPE:  Together we will stronger