What is an unfair term ? An unfair term is classified as one which, contrary the requirements of good faith causes a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the buyer.
What happens if the contract contains unfair terms ? It will be considered might possibly be caught by the Spanish and European law
Is it possible to inspect the property during its construction ? Yes it is but, with the security rules of building.
What happens if the developer vary the method of construction or the materials used in the construction ? The buyer will be reluctant to accept such a clause unless it is qualified to provide that such variation will not diminish the value of the property.
Any provision which seeks to restrict the buyer's choice of Notary is rendered void
Which kind of unfair terms are the most common ?
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Those that they do not reflect with clarity or omit, in the cases of deferred payment, the quantities of instalments, the annual interest rate on the outstanding balance and the conditions of amortization of the granted credits and those who of any way authorize the seller to increase the price postponed during the life of the contract
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The terms that impose an increase of the price for services, accessories, financing, postponements, surcharges, indemnifications or penalties that do not correspond to additional effective facilities that could be freely accepted or rejected by the buyer by independence of the principal contract.
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The alterations of building motivated by not predictable reasons in the moment of the approval of the projects of urbanization or construction that have to originate modification of the stipulated price have to communicated before to the buyers who must give conformity to the exact quantity of the reform. Likewise the reforms that the buyers propose will make concrete in a document with the description of the content of the work and his repercussion on the price and the delivery time
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The terms that suppose the repercussion to the buyer of failures, faults or administrative or bank mistakes that they are not directly attributable.
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The terms that impose in the first sale of properties the obligation to pay the expenses derived from the preparation of the title that by law or for nature correspond to the seller: new building, creation of community property, mortgages to finance the construction or his division or cancellation.
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