Legal tip 314. Expenses related to property purchases
Wednesday, July 14, 2010 @ 1:34 PM
- When the sale is performed by two individuals, principle of freedom of contract prevails, always provided that clauses and conditions are not against Law, Moral or Public Order.
If there is no particular agreement on Notary and Registry expenses, the rule by Law is as follows: the vendor pays the Notary deed and first copy of the same and the buyer pays other Notary costs and Registry Costs.
If the sale is agreed to be made free of loans and encumbrances, any expense related to this will have to be paid by the seller.
- Anyhow, it is always important to bear in mind that if the sale is performed between a company and an individual, using an standard contract model drafted by the Seller Company and therefore Cosumers Law applies, every non agreed clause which can involve and unbalance of parties is abusive and therefore null and void.
Sotogrande Golf course, San Roque, Cadiz by Roberto Pecino at Flickr.com