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.
Rental demand is experiencing rapid growth in Spain, giving rise to new real estate investment models. Build to rent, rent to rent, coliving and senior living are clear examples of this trend.
The steps to follow to buy your property in Spain are 4. The first one is to verify the ownership of the property, its situation and urban ranking at the Registry of Ownership.
Read the full article: Five tips to purchase a real estate in Spain
Article 17.1 in the Law of Construction Planning, “Responsibilities and guarantees,” regulates the civil responsibility of the agents involved in the construction process as well as the deadlines for dealing with them.
In Spain, banks usually finance real estate acquisitions through mortgages as well as other services. Borrowers run the risk of finding the liability for fees incurred by the appraisal of the property, notarisation of the mortgage and entry into the land registry shifted onto them.
Seeking real estate in Spain can be done by internet, with the help of a real estate consultant or through an agent. Care should be taken if using an agent, as well as in signing a contract, because agents generate fees and only notarisation can ensure acquisition in good faith.
Forward purchase and forward funding contracts are particular kinds of contracts that perfectly meet the characteristics of a sales contract of a future good. These are two types of bilateral sales contracts of a future building concluded between an owner builder seller and an investor buyer. These contracts are often used in large real estate transactions.
An immovable property seller must take the risks that an immovable property sold to a buyer might encounter. In other words, the seller is held liable for the faults and defects that may arise after the sale. The Spanish Civil Code along with Law 38/1999, of 5 November, on Construction Planning (LOE) establishes the different types of liability, as well as the limitation period for actions for damages.
Before the economic and financial crisis, the Spanish real estate and construction sectors constituted one of the pillars of the country’s economy and real estate promoters used to benefit from the support of national banks. Because of the crisis, the real estate market has sharply declined. Real estate promoters had to find alternative funding sources.
© 2026 Mariscal Abogados, S.L.P.
Legal NoticePrivacy PolicyCookies Policy