Spanish-English Property dictionary

Cláusula abusiva: This Spanish term refers to clauses in a contract which go against good faith and are unfair. They do not reflect an equal balance between the consumer and the professional - usually to the detriment of the consumer.

They are clauses which have not been negotiated between both parties. A non-negotiable clause is unfair when it goes against the interests of one party in the contract.

The European Union has guidelines for member states to adopt the necessary measures required to do away with the use of unfair clauses in contracts. The guidelines are as follows:

• If the interpretation of a clause is unclear it should be interpreted in favour of the consumer.
  
• consumers cannot be tied to contracts with professionals by unfair clauses.

An example of an unfair clause in a property sales contract is a clause in which the building contractor reserves the right to abandon the contract within 6 months by returning any deposit with interest and compensation to the purchaser. Lawsuits brought about in such circumstances in Spain have been resolved in favour of the consumer.