Property Contracts

Buying or selling a property is a major step, and the contract that documents the transaction is its backbone. A single ambiguous paragraph can lead to thousands of euros in losses or endless litigation. Our contract drafting and analysis service eliminates that risk by providing the legal certainty you need to sign with complete confidence.

Why is a well-drafted contract crucial?

A contract is not a mere administrative formality: it is the document that governs the transfer of ownership, deadlines, payments, and guarantees. When we draft it, we ensure it meets six essential objectives:

Clarity of rights and obligations: It precisely defines what each party (seller and buyer) must do and by when, avoiding contradictory interpretations.
Litigation prevention: Clear clauses reduce the likelihood of future disputes and, in case of disagreement, offer solid evidentiary support in court.
Asset protection: By establishing guarantees, penalties, and termination conditions, it safeguards your investment and prevents you from assuming third-party liabilities.
Security against third parties: A well-structured contract prevents creditors, co-heirs, or co-owners from challenging the transaction or blocking the Property Registry.
Tax and administrative accuracy: An accurate contract helps avoid penalties from the Tax Agency due to errors in value declarations, capital gains, or transfer taxes (ITP/AJD).
Financing compatibility: It integrates mortgage or loan terms coherently, ensuring they do not contradict contractual obligations.

We also include references to regional and municipal regulations (Catalonia's Housing Rights Act 18/2007, the Consolidated Urban Planning Law) to ensure compliance and avoid nullities.

In a dynamic market like Barcelona, having a real estate lawyer who masters the local regulations is the best investment to safeguard your assets and avoid unpleasant surprises.

Risks of poorly drafted contracts

An incomplete or unclear contract does more than create uncertainty: it can trigger a domino effect of administrative, tax, and legal problems that are difficult and costly to reverse. These are the most common risks we encounter when auditing template contracts or those drafted without specialized legal support:

Risk	Consequence	Real-life Example
Abusive clauses	Financial loss or loss of rights	20% penalty for signing 48 h late
Ambiguity in deadlines	Breach of contract and possession delays	"Within a reasonable period" with no set date for key delivery
Lack of guarantees	No recourse against seller	Structural issue detected 6 months later, not covered contractually
Omission of registry charges	Inheriting third-party debts	Second-ranking mortgage not cancelled in time
Inconsistency with the mortgage	Financing blocked	Bank demands re-drafting due to inconsistencies
Property description errors	Partial nullity or notarial correction	Actual size exceeds registered size by 20 m²
Missing termination clause	Difficulty recovering deposits	Judicial action required to rescind contract
Tax and cost distribution errors	Unexpected extra costs	Buyer pays municipal capital gains tax owed by seller
No hidden defect or warranty clause	Expensive litigation post-sale	Structural dampness detected after move-in
Missing delivery protocol	Loss or damage to furnishings	Furniture removed before handover without compensation
No force majeure clause	Liability for involuntary delays	Work halted due to transport strike, not contractually covered

Key Clauses We Carefully Address

Price and payment method: We detail payment schedule, means of payment, withholdings, accepted currencies, and banking conditions to avoid delays or unexpected fees.
Earnest money ("arras"): We define fair penalties, refund deadlines, and recovery scenarios in case of breach by the other party.
Encumbrances and liens: We ensure the cancellation of mortgages, seizures, easements, and tax charges, or withhold part of the purchase price until their removal.
Termination clause: We provide for automatic contract termination in case of serious breach, including refund of amounts paid and claims for damages.
Distribution of costs and taxes: We assign notary, registry, administrative, and tax costs (ITP, AJD, municipal capital gains, local taxes) precisely to avoid surprises.
Deadlines for delivery and possession: We set binding dates, daily penalties for delays, and detailed key handover and property inventory protocols.
Certificates and licenses: We require technical building inspection (ITE), energy efficiency certificate (CEE), occupancy certificate, utility installation certificates, new construction declarations, and first occupancy license where applicable.
Guarantee insurance and surety bonds: We include bank guarantees or surety insurance to cover advance payments until the public deed is signed.
Eviction and hidden defects: We establish warranty periods and efficient claims procedures for structural issues or title defects.
Mortgage subrogation and novation: We regulate the terms for taking over existing loans or modifying interest rates and terms without penalties.
Rights of first refusal and repurchase: We prevent challenges from tenants, public administrations, or autonomous communities with preferential acquisition rights.
Penalty clause for withdrawal: We set reasonable compensation if either party decides not to proceed with the sale.
Quality improvement agreement: We define construction standards and verification mechanisms for off-plan purchases or renovated properties.
Cadastre and tax updates: We require the seller to regularize discrepancies in size or use before transfer to avoid supplementary tax settlements.

How We Prevent Abusive Clauses

Our abuse-control protocol is structured in five layers of protection:

Preliminary screening
We apply our own checklist based on Directive 93/13/EEC, Law 7/1998 on General Contracting Conditions, and the General Law for the Protection of Consumers and Users to detect imbalanced terms.
Case law analysis
We compare questionable clauses with the latest jurisprudence of the Spanish Supreme Court, the Court of Justice of the European Union (CJEU), and the Barcelona Provincial Court, as well as resolutions of the Directorate-General for Legal Security and Public Faith.
Scenario simulation
We calculate the financial and legal impact of each obligation in various situations (nonpayment, delay, hidden defects), assessing penalties and options for redress.
Corrective negotiation
We propose alternative wording and, if necessary, negotiate with the other party to replace, limit, or condition the clause to ensure contractual balance.
Pedagogical explanation
We provide a clear report breaking down each condition, its consequences, and the legal rationale for any changes, so you can sign with full understanding and peace of mind.

Result: We eliminate abusive practices, strengthen contractual transparency, and minimize the risk of partial or full contract invalidity.

Benefits of Working with Our Team

By choosing us as your ally in real estate law in Barcelona, you're not just hiring a service - you gain a partner who looks after your interests at every stage of the transaction. These are the main benefits of working with us:

Established local expertise
With over 15 years advising on real estate transactions in Barcelona, we are thoroughly familiar with regional and municipal regulations, registry procedures, and the specific characteristics of each district. Our experience enables us to anticipate and resolve common obstacles, ensuring a smooth and secure process.
360° vision of the process
We go beyond legal analysis: we coordinate taxation (ITP, AJD, capital gains), financing (mortgages, subrogations, guarantees), and urban planning in an integrated manner. This way, we avoid contradictions between the contract and loans or urban requirements, achieving stronger agreements tailored to your needs.
Clear and personalized communication
We deliver reports and contract drafts in Spanish, Catalan, or English — as you prefer — with straightforward explanations and visual timelines of deadlines and obligations. In each meeting, we clarify the scope of the clauses, answer your questions without unnecessary jargon, and incorporate your feedback to refine the text.
Time-saving and stress reduction
We take care of all paperwork - from obtaining land registry and cadastre certificates to coordinating with the notary and tax agency - so you can focus on your housing project. With a single point of contact, you avoid repeated calls and redundant procedures, reducing the risk of delays or last-minute setbacks.

By placing your trust in our team, you benefit from a comprehensive service that strengthens your legal security, maximizes the value of your investment, and supports you with transparency and proximity throughout the entire process.

Frequently Asked Questions

How much time do I need to review a contract?: We recommend allowing at least 5 business days to thoroughly review the contract. This period allows for an in-depth analysis of the clauses, identification of possible legal or tax risks, verification that the terms match the agreement, and, if necessary, the proposal of modifications or the request for additional documents. In more complex transactions - such as purchases involving prior leases, inheritances, or properties with urban charges - extending this period may be advisable.
Can I use a standard contract template?: We do not recommend it. Standard or downloadable contracts from the internet do not consider the particularities of your property or your personal or financial situation. They may omit essential elements such as registry status, verbal agreements with the other party, or specific financing or delivery deadlines. Using a generic model can lead to financial penalties, legal conflicts, or even the nullity of certain clauses due to being abusive or unbalanced.
Does the advisory service cover the notarial signing?: Yes, our service includes assistance up to the moment of signing at the notary's office. We make sure that the final version of the deed accurately reflects the terms agreed in the private contract and that no last-minute changes are introduced without your consent. Additionally, we check the property's charges on the day of the signing, answer your questions in real time, and safeguard your interests during the process. If you cannot attend, we can also arrange notarized powers of attorney so a trusted representative can sign on your behalf.
Can I consult you before reserving a property?: Absolutely. In fact, we highly recommend it. Before paying a deposit or signing a binding document, it is important to review both the content and format of the agreement. We help you evaluate the earnest money contract, assess the seller's solvency, verify the legal status of the property (registry, cadastre, licenses, debts, etc.), and define the safest conditions for formalizing the transaction.
How is the service contracted?: You can contact us by phone, email, or by visiting our office. After an initial consultation to understand your case, we will provide you with a clear and transparent fee proposal, tailored to the type of transaction and level of involvement required. Once accepted, we will immediately begin reviewing the contract and associated documents.

Contact Us

If you are looking for legal advice for property purchases or real estate legal services that bring clarity and peace of mind, we are your trusted partner.