In Spain, a material breach of a lease agreement may justify early termination. Assessing whether such a breach exists requires analyzing its severity, its impact on the agreement’s purpose, and the parties’ intent. This article offers a practical guide with legal foundations and concrete examples.
When a commercial lease ends, the tenant may be entitled to goodwill compensation. We analyze the requirements and calculation methods.
Tacit renewal in lease agreements can affect leaseholders if they do not manage their leases properly. Find out how to avoid unintended renewals and ensure effective strategic planning.
Seasonal and tourist rentals are contractual leasing modalities that, despite sharing similarities, are subject to different regulations in Spain.
Contractual breach in real estate sales in Spain can occur during the pre-contractual phase due to non-compliance with the conditions and circumstances of the property or due to the delivery of a property that does not conform to the agreed terms.
In real estate transactions in Spain, the legal consideration of hidden defects is crucial to protect buyers and preserve market integrity. These defects, not visible to the naked eye, raise legal questions about the rights and obligations of buyers and sellers.
In Spain, shared ownership of real estate can pose challenges due to diverging interests among co-owners. The Spanish Civil Code provides solutions in Article 400 et seq. for these situations.
A valid deposit contract for both parties must include, amongst other items: the conditions of sale (namely, price, means and conditions of payment, conditions of the property – physical, registry and administrative), and distribution of the expenses and financial obligations derived from the transaction.
The Royal Decree-Law 26/2021 incorporates new rules to address the treatment of the Capital Gains Tax in Spain (IIVTNU). Article 104.5 of the Law Regulating Local Tax Office, which includes a new condition to not being subject to the tax, and Article 107 (which establishes two new calculation methods for the tax base of the Capital Gains Tax, in the case of capital gain) stand out.
The real estate lease-purchase contract allows the rental of a property for a specific period and grants the tenant the right to buy it at a pre-determined price at the end of said period.
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