COVID 19: RENTAL CONTRACTS – WHAT TO DO – CAN I REDUCE THE RENT OF MY LEASE CONTRACT? – OTHER ISSUES

3d homeOne of the most frequent questions that the state of alarm raises in tenants and landlords is if the landlord, in this exceptional situation, is forced to accept a temporary rent reduction. Continue reading “COVID 19: RENTAL CONTRACTS – WHAT TO DO – CAN I REDUCE THE RENT OF MY LEASE CONTRACT? – OTHER ISSUES”

COVID-19: WHAT TO DO WITH A SIGNED LONG-TERM CONTRACT WHEN FACED WITH AN UNFORESEEN CHANGE OF CIRCUMSTANCES AFFECTING COMPLIANCE WITH ITS TERMS

3d man business man signing on a blank documentLet’s say, for the sake of argument, that you have signed a long-term contract which established obligations or provision of long-term services, and suddenly you find your circumstances changed dramatically (eg. death of the person who had to provide the contracted services) … pandemic, even a global economic recession .. or indeed any circumstances that are extremely burdensome on one of the contracting parties (terminal or chronic illness), then there exist exceptional legal grounds for annulling a clause in the contract (the usual procedure) or even the termination of the contract itself by means of the “rebus sic stantibus” clause. This legal remedy should be used sparingly. Continue reading “COVID-19: WHAT TO DO WITH A SIGNED LONG-TERM CONTRACT WHEN FACED WITH AN UNFORESEEN CHANGE OF CIRCUMSTANCES AFFECTING COMPLIANCE WITH ITS TERMS”

COVID-19: PURCHASE AND SALE CONTRACTS – 3 TIPS – WHAT TO DO IF WE ARE BUYING AN APARTMENT AND THE CONTRACT IS ABOUT TO EXPIRE

Real Estate Purchase Contractif you have paid or received a deposit and you have also signed a purchase & reservation agreement, you should know that in this type of contract, it can be canceled at any time after it is signed, but such unilateral termination has some important legal consequences: Continue reading “COVID-19: PURCHASE AND SALE CONTRACTS – 3 TIPS – WHAT TO DO IF WE ARE BUYING AN APARTMENT AND THE CONTRACT IS ABOUT TO EXPIRE”

COVID-19 PROTECT YOUR PROPERTY AND INVESTMENTS IN SPAIN

SPANISH LAWYERLast March 15, the state of alarm entered into force in Spain for a period of 15 days, this exceptional situation would therefore by the end on March 29 next. The extension of the state of alarm has been communicated by the Spanih Government. We now know that the exceptional measures decreed by the Government are going to be extended for another 15 days, therefore the period of confinement throughout the national territory, extends at least until April 12. Doubts arise about how to act in such exceptional circumstances. Many non-resident foreign owners and investors in Spain are now wondering how to protect their investments, properties and businesses in Spain. What are the most effective measures to control and protect your assets, interests and ongoing business from abroad.

In the next articles I will deal with all these unforeseen situations and how to act in each case. Continue reading “COVID-19 PROTECT YOUR PROPERTY AND INVESTMENTS IN SPAIN”

LEGAL PROTECTION OF THE RIGHT OF A PROPERTY’S VIEWS

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Any owner registered in the Land Registry can take legal action to compel someone to carry out works needed to remove an obstruction to the view from their property so as to restore things to their prior condition before the disruption occurred

Continue reading “LEGAL PROTECTION OF THE RIGHT OF A PROPERTY’S VIEWS”

OBLIGATIONS OF A SPANISH COMPANY COMPANY DIRECTOR (ADMINISTRADOR)

Depositphotos_12884114_s-2019Anyone who is a director of a Spanish limited company has certain legal obligations (which is why the director is required to accept the position) and is therefore liable for its acts and omissions when they in any way damage the company itself, its partners or creditors, the three most significant interests for which the Spanish juridical system provides greater levels of legal protection.

Continue reading “OBLIGATIONS OF A SPANISH COMPANY COMPANY DIRECTOR (ADMINISTRADOR)”

THE DELIVERY OF A PROPERTY THAT IS DIFFERENT TO THE ONE CONTRACTED IN AN OFF-PLAN PURCHASE.

Any off-plan purchaser can take legal action

BREACH OF CONTRACT red stamp textthat requires the vendor/promoter to cancel the off-plan purchase contract if the finished property does not significantly match what was described in the contract or promotional publicity, said legal action seeking the return of stage payments and fees, with interest.

Continue reading “THE DELIVERY OF A PROPERTY THAT IS DIFFERENT TO THE ONE CONTRACTED IN AN OFF-PLAN PURCHASE.”

INHERITANCE & GIFT TAX UPDATE

Planning Law legal conceptSpain’s autonomous communities have devolved powers to legislate in certain tax matters. In the case we are examining here, that of inheritance and gift tax, the Canaries enjoys certain tax benefits for children and spouses that are greater than in other autonomous communities, specifically:heirs belonging to groups I and II (spouse, parents and children) are granted a 99.9% discount of the tax payable on lifetime gifts (“inter vivos”) provided that the donation is formalized in a notarial deed.
Spouses, descendants and adopted children also enjoy a 95% reduction on the net value of elements of a business or professional activity developed by the donor, provided that a series of requirements are met. Continue reading “INHERITANCE & GIFT TAX UPDATE”

HIDDEN FAULTS OR DEFECTS IN PROPERTY PURCHASES

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Hidden problem after purchasing a property

This article considers the legal procedures which protect buyers when they purchase a property with serious faults which were concealed by the vendor when the property was transferred at notary. Continue reading “HIDDEN FAULTS OR DEFECTS IN PROPERTY PURCHASES”