GIPE Newsletter September, 6 2024

PURCHASE AND SALE OF PROPERTIES:

I’LL BUY IT IF I MANAGE TO SELL MINE

The seller of a property had to refund the deposit (along with the interest) to a buyer, even though the latter was unable to formalize the signing of the deed. The reason was that the parties had agreed on a penalty deposit, conditional on the sale of the buyer’s own flat.

This agreement has been considered valid, since both parties, voluntarily, subjected the validity of the deposit to a future, uncertain and possible event.

IF DEFECTS ARISE AFTER THE PURCHASE

You have just purchased a property and when you move in, you notice important defects that you were unable to detect during the visits prior to the purchase. It is important that you take into account what you can claim and in what timeframes, depending on whether it is a new or second-hand property.

Second-hand properties

Defects. In a second-hand home, you can claim against the seller for hidden defects, that is, those that cannot be perceived during visits prior to the purchase.

Seriousness. Hidden defects, in addition to being prior to the purchase, must be serious, that is, important enough that, had you known about them, you would not have purchased the home or would have done so for a lower price.

Deadline. The time to claim is short: six months from the delivery of the home (normally, from the signing of the deed). This period is not extended even if there is an out-of-court claim. Options when claiming:

Ask for a proportional reduction in the price to cover the cost of the repair.
Annul the contract, returning the home and recovering the money paid.

Afterwards. If more than six months have passed, you can only claim for extremely serious defects that severely affect the habitability of the home. In this case, you will have five years from the purchase to claim for breach of contract.

Special regime. In Catalonia there is a different regime: the buyer can claim for the lack of conformity of the home within a period of three years from the purchase.

New homes

Regulation. If you have purchased a new home, you can claim against the builder, developer or architects for the defects established by law. These are divided into three categories:

Structural damage (that appears within ten years after delivery of the work).
Damage that affects habitability (that appears within three years after delivery).
Damage to the finish and finishing (that arise within the first year after delivery).

Deadline. You can claim against the developer and the architect for two years from the moment the defects become evident.

LEASES:

PENALTY FOR NOT MAKING THE DEPOSIT OF THE SECURITY DEPOSIT

Mandatory requirement. According to the law, in any rental contract it is mandatory to require and deliver a cash deposit, which must be equivalent to one month’s rent in the case of rental housing, and two months’ rent in leases for other uses.

Important: as it is a rule that does not allow agreement against, the landlord is obliged to request this deposit in the amounts mentioned.

Deposit. In addition, the law allows the autonomous communities to impose the obligation to deposit the amount of the deposit in the body designated for this purpose.

ANNOUNCEMENT:

Thanks to the collaboration agreement between GIPE and Banco Sabadell signed last June, and with which exclusive advantages are established for all GIPE members (you can read and download the full agreement by accessing the Back Office Area of the GIPE website, www.gipe.es, with your passwords); Banco Sabadell staff will be in direct contact with each of you to explain in detail what these advantages consist of and how to proceed to benefit from them.

We also encourage you to attend the first GIPE event of the season that will take place next Thursday, September 12. Below we leave you information, don’t miss it!!

GIPE: Together we will be stronger