Property in Spain | Real estate Spanish-English glossary | Cláusula abusiva; Unfair clause

Spanish-English Property dictionary

Cláusula abusiva - Unfair clause

Section for people wanting to buy, sell or rent property in Spain.

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.

Other useful links
Latest news on the property market in Spain Selection of news articles related to the real estate market here.
Mortgages in Spain, a brief introduction to the Spanish mortgage market, how it works and interest rates in Spain
Spanish banks, before applying for a mortgage, find out more about Spain's most popular banks and Spanish savings banks.
Property taxes in Spain, description of taxes involved in purchasing property and yearly property taxes in Spain.
Useful Spanish vocab for buying a house - you should learn at least the basic terms. Check out our pronunciation guide too.
Renting property in Spain - if you want to buy to rent, then read this section and our free notice board of property to rent in Spain.
Spanish lawyers - information on lawyers fees in Spain for property transactions
Houses for sale in Spain - take a look at the kind of houses available. Or check out our free Spain property for sale board.
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