GIPE Newsletter (24.165) May, 27th 2025

REAL ESTATE BROKERAGE:

ARE WHATSAPP MESSAGES VALID BEFORE A JUDGE?

A real estate agent managed the sale of a home and found a buyer, who expressed his intention to sign a deposit contract via WhatsApp. Although the owner initially agreed, he later backed out and decided not to sell. In this context, is the real estate agent responsible for paying the fees?

Right to collect commissions

If there is a prior agreement. The real estate brokerage contract—also known as a brokerage agreement—is not expressly regulated by law, so it is governed by what has been agreed between the parties and the circumstances of the case. In other words, it will be necessary to examine the agreement signed between the agency and the client (in this case, the seller, although it could also be the buyer) to verify whether it establishes when and under what conditions the professional’s right to collect their fees arises.

If there is no agreement. If the contract or order form does not specify anything—something quite common—courts generally understand that the right to receive a fee arises when the sale is perfected. That is, when both parties—buyer and seller—agree on the subject matter of the contract (the property) and the price, even if no document has yet been signed, nor has delivery of the property or payment occurred. This consent can be verbal.

When is the sale considered closed?

With the agreement of the parties. In this case, the transaction is considered perfected because both the buyer and seller expressed their agreement, even if it was not formalized in writing. It is important not to confuse the perfection of the contract—which is the agreement between the parties—with its execution or consummation, which occurs when payment is made and the property is delivered, usually in a public deed. Unless otherwise agreed, the agent has the right to collect the fee when the parties reach an agreement on the price and the property. And this agreement, if collected via WhatsApp, can be used as valid evidence.

MORTGAGES:

ADR AND UNFAIR MORTGAGE TERMS

To file a lawsuit related to unfair mortgage terms, it is mandatory to prove that an out-of-court resolution has been attempted using appropriate dispute resolution methods (ADR).

In the case of consumers against banks, it is sufficient to file a prior complaint and have received no response within a month or have received an unsatisfactory response. This requirement is also met if you have already contacted agencies such as the Bank of Spain or the CNMV (Spanish Securities Market Commission).

It is important to file the complaint in duplicate and ask for a copy to be stamped as proof.

INSURANCE:

ELECTRICAL DAMAGE DUE TO THE POWER OUTAGE

In the community you manage, the elevator stopped working following the power outage on April 28th.

Will insurance cover the repair costs? Most comprehensive insurance policies, both home and community, usually include “electrical damage” protection among their basic coverage. This is designed to cover incidents related to electrical faults such as blackouts, short circuits, or power surges. Furthermore, if the property is covered by comprehensive insurance, this type of policy typically includes financial compensation for damage to refrigerated products, such as food that has spoiled in the refrigerator.

GIPE: Together we will be stronger