Understanding the home buying process
Buying a property is a journey that involves several steps and commitments. One of the key moments in this process is the reservation of the property, which often requires an initial payment, known as sign or arres. Uncertainty begins to arise when, after this payment, the bank rejects the mortgage application.
A significant judicial precedent
Recently, a Spanish court has ruled in favor of buyers who were in a similar situation. This decision forced a real estate agency to return a sign of 5,000 euros, thus bringing a new approach to a problem that affects many home buyers.
The case that made the difference
In a recent incident, the Court of First Instance and Instruction number 3 of Figueres ruled in favor of some buyers who had paid 5,000 euros to secure a home. However, his mortgage application was refused due to a legal error relating to the property, which actually had an aparthotel licence, which prevented the mortgage.
The importance of contractual clarity
This court decision underscores the need to carefully read the clauses in reservation contracts. The conditions for returning the signal can vary significantly depending on the type of roots agreed upon.
Types of roots and their effects
For example, penalty clauses allow both parties to terminate the contract, but the buyer would lose the signal. On the other hand, confirmatory clauses protect the buyer, since if the transaction does not materialize for reasons beyond his control, he can get his money back.
What to do if the refund is refused?
If the real estate company refuses to return the signal after a mortgage refusal, the buyers have the power to claim the money. The first step is to review the reservation contract to ensure that the return conditions are clearly defined. If the refusal continues, a claim can be submitted to the competent authorities or legal recourse can be sought.
final reflection
This situation highlights the importance of transparency and legal protection when making an investment as significant as the purchase of a home. Information and preparation can make the difference between a positive experience and a legal battle.
