The deposit agrement in Spain (Contrato de arras).

Today we will talk about the so-called “contrato de arras” referred to the sale of real estate, based on the assumption that the keys of the house are not delivered until the title deed (Escritura) is signed in the Notary.

The term “arras” refers to the amount of money paid in advance to the signing of the Escritura. Therefore “contrato de arras” and ” private contract of le” are not the same.

When the private contract of purchase is signed, the truth is that you have signed a contract with two different agreements on it: the agreement of purchase (“acuerdo de compraventa”)  and the deposit agreement (“acuerdo de arras”)

With the “acuerdo de compraventa”, you have not bought the property because in Spain to do so you need the Escritura or to give the posesion of the property (give the keys). But you have committed yourself to buy/sell the property and not doing so will be a breach of a contract. The consequences of this breach of a contract depend on what is stated in the contract.

With the “acuerdo de arras”, you may have agreed three different things, since there are three types of deposit.

Here are the different consequences in the “acuerdo de compraventa” depending on the type of “acuerdo de arras” that has been signed:

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Spain’s New Security Law

You can read an article about it in:

Spain’s New Security Law Meets Fierce Criticism From Rights Groups

The new law prohibits everything from insulting a police officer to protesting outside the country’s legislature

A new law that went into effect in Spain on July 1 has much of the country, as well as many human rights organizations, in an uproar. While proponents say the new public security law will reinforce civil liberties, opponents call it the “gag law,” saying it will do just the opposite and take the country a step backward toward dictatorship.

The law covers everything from internet surfing to drug trafficking, but opponents point specifically to portions targeting illegal downloading, habitual access of websites that allegedly promote terrorism, and violent protest, as problematic, saying they include too-loose language that could be abused for political purposes and will limit freedom of speech or even prevent reports of police brutality.

Under the law, citizens can be fined the equivalent of almost $700 for insulting an officer, over $33,000 for recording and disseminating images of police officers, and more than $664,000 for participating in an unauthorized protest outside government buildings, the New York Times reports.

El Pais adds that the law puts an “expiry date” on passive protest, by “granting the police the power to fine anyone who refuses to dissolve meetings and protests in public places.”

Judith Sunderland of Human Rights Watch told the Times the law presents “a direct threat to the rights to meet peacefully and freedom of speech in Spain.” But Ministers of the Interior and of Justice Jorge Fernández Díaz and Rafael Catalá told El Pais the new laws do not limit citizens’ rights and in fact are meant to reinforce them. Prohibitions on protest outside parliament will make sure “there isn’t excessive pressure on the legislative powers,” they explained.

Spaniards reacted fittingly—by staging a protest in front of parliament. Some held signs that referenced the country’s past, still a sensitive topic 40 years after dictator Francisco Franco’s death. “Fascism wants to gag the people,” one sign read. Other protesters simply sat in silence, their mouths covered in gags or tape.

Conference in Marbella: Estate Agents and Urban Planning Regulation

On behalf of Ypama Abogados we want to thank to all the people who assisted to the Conference held last Thursday about Town Planning and Estate Agencies.

We hope that all attendees founded the conference informative and worthwhile. The primary goal of this conference was to help Estate Agencies to understand a little bit more about Marbella’s Town Planning so to be able to provide to their clients a much more complete information and – at the same time – to be able to avoid future problems.

With this idea in mind, you can download a copy of the 28th may conference for future reference.

Attendees presence helped to make this event a great success and their enthusiasm and positive spirit helped make our time together both productive and fun.

We wish you all the best and hope that you continue to be engaged with Ypama Abogados.  Stay tuned for upcoming events by visiting www.ypamaabogados.com.