Modification of property sales contract in Spain

Question:
It is possible to modify the sales contract with the Sales Promoter if you don’t agree with all the clauses or if you think that there are any important clauses missing? If so, how do you do it? I am in the process of buying a new flat and there are some important clauses missing from the sales contract I have been given to sign. I would be very grateful for some advice regarding this.

Answer:
You have every right to negotiate your sales contract with the promoter and ask about any clauses you believe to be missing. However, given the housing market at the moment where demand outstrips supply I think it would be practically impossible for you to negotiate on your own terms. Promoters often have the attitude of ‘take it or leave it’ given their position of strength. Nevertheless it is very important that before signing any contract that you are given a copy so that you can consult a lawyer and check the meaning of all the clauses. If there are any missing clauses it is important to know what the applicable legislation is.

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