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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.
www.costaluzlawyers.es

Legal tip 607. Timeshare rights in Spain: a safe option. Part 8
30 September 2011

 

BREACH OF SERVICES AND INJUNCTION

Article 16. Failure of services.

The owner or developer is responsible to the holders of timeshare rights for the effective delivery of services.
 In case of default, the owner or sponsor must terminate the contract and demand compensation for damages. The cancellation action just can be acted by to the owner or developer. In any case, any holder of a timeshare right may claim the effective delivery of services and corresponding compensation in the event such provisions are not made. Once the agreement with this is cancelled, the owner or developer must provide the service directly or contract with another service company. Any alteration of the contract shall not impair, in any case, rights of holders of timeshare rights.

Article 16 bis. Cease action

1.
 May bring action for an injunction against any conduct contrary to this Act affecting the interests of both collective and diffuse of consumers and users.

2.
 The injunction is aimed at obtaining a ruling that ordered the defendant to cease the conduct contrary to this Act and to prohibit its future recurrence. Likewise, the action may be exercised to prohibit the making of a behavior when it is completed at the time of bringing the action, if there is sufficient evidence to fear it will be immediately repeated.

3.
 Entitled to exercise the injunction:

National Consumer Institute and relevant bodies or entities of the Autonomous Communities and local Corporations responsible for consumer protection.

The consumer and user associations that meet the requirements of Law 26/1984 of July 19, on General Defense of Consumers and Users, or, where appropriate, of regional legislation on consumer protection
.

The Public Prosecutor.

Entities from other Member States of the European Community established for the protection of collective and diffuse interests of consumers are empowered through their inclusion in the list published for that purpose in the Official Journal of the European Communities.

Judges and courts shall accept this list as proof of the ability of that entity to be part, without prejudice to examine whether the purpose of it and the interests allow the exercise of legitimate action.

All entities mentioned in this article may be part in any other proceedings brought by them, if they consider appropriate for the protection of the interests they represent.

 

Une maison andalouse à Ronda

"Une maison andalouse á Ronda", Ronda - Malaga, Spain, by dalbera, at flickr.com



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Legal tip 606. People vs Banks
29 September 2011

Sign it and pass it....

Europe: People vs. Banks

 

To European leaders :

As citizens concerned about the economic crisis and massive austerity cuts, we urge you to take bold action to save our economies. Europe must face down the banking lobbies, stop the cuts and urgently introduce the people-centred spending and regulation policies that will secure our future. 
 
Already an Avaaz member?
Enter your email address and hit "Send".
First time here? Please fill out the form below.
 
 
Avaaz.org will protect your privacy and keep you posted about this and similar campaigns.
 
 

Recent Signers

 
  • 10 seconds ago

    Danilo Ferrari, Italy

  • 16 seconds ago

    Neil Cooper, United Kingdom

  • 16 seconds ago

    Geert Jans, Netherlands

  • 17 seconds ago

    Catherine Maher, Ireland

  • 17 seconds ago

    Betty Harris, United Kingdom

 
 
 
Posted: 29 September 2011
Right now, our jobs and services are under threat as speculators gamble and politicians squabble. But in four days Europe's finance ministers are poised to make drastic decisions that could threaten our economy for years to come. Only a mass public outcry now for a cooperative economic approach can protect our future.

Everyday we read headlines: 'Eurozone crisis, turmoil, grim outlook'. Now, some fear a return to the mass unemployment of the 1930s. And to appease the banks, our indebted governments are cutting social spending to save money, triggering riots and recession. But they know we elect them, so if we build a massive European movement now to defend our welfare states and end the cuts we could force them to change course.

Europe's finance ministers meet in Luxembourg on Monday. Let’s ensure our voices overwhelm the self-serving calls of the big banking lobbies. Join the urgent call for a new economic order, based on long-term, people-focused spending, and strong measures to tackle and regulate speculation and profiteering. We’ll deliver it to the finance ministers meeting next Monday. Sign now on the right and circulate this campaign to everyone:
 
 

Tell Your Friends



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Legal tip 605. Break Out of the Box
29 September 2011

 

Circle of Concern - Circle of Influence

 

Of all the good suggestions in The 7 Habits of Highly Effective People, "Habit 1: Be Proactive" is particularly useful when you feel powerless against life's forces. Covey recommends examining what you can do instead of focusing on worries over which you have no control. First notice all your concerns. Then, among those concerns, determine where you can take action:

 

 concern.jpg (4996 bytes)     influence.jpg (9321 bytes)

Think of ways to be more proactive and address the things you can do something about. Your circle of influence will enlarge and your circle of concern will shrink:

proactive.jpg (12460 bytes)

Covey distinguishes between the have's ("If only I had...") and the be's ("I can be..."). Focusing on what you don't like is disempowering. Focusing on what you can do is proactive and empowering. "Be part of the solution," Covey suggests, "not part of the problem."

Great explanation copied from Break out of the Box´s website

 

Ronda

"Ronda", Ronda - Málaga, Spain, by Jesse Varner, at flickr.com



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Legal tip 604. So simple IV. Limits for Banks
29 September 2011

 In an artilce published by Proffessor Vincenc Navarro today in his blog he explains how Central Banks have been purchasing public debt to Greece, Portugal and Irelend at high and abuive interests rates, helped by Public Debt Classification agencies, which made situation appear intentionally worse for obtaining higher interests and more benefits. This is how the risk rate has been increasing. They then started with Spain and Italy.

Payment of this debt, Navarro continues, is importantly damaging the welfare state of these countries, and these countries bonuses are losing their value dramatically. Banks, owner of these bonuses are panicking now: victims of their own greed ( as always). This is why Banks need to recapitalise now, in order to be saved from the collapse they have created.

Same with real estate properties in Spain. They created the bubble, ommitted guarantees to buyers ( liability 1segundo Law 57/68)  and want now to be people´s selling friends. Come on Banks! Come to a closer position and you will renovate the situation. Cannot you see it?

Folowing with Navarro, Central Banks and countries: Central Banks are now lending money to national ones without limits/conditions

What conditions? You may ask.

Proffessor Vincenc Navarro, whom I liked in many of his thinking ( not in all though :), says:

Help conditioned to:

- Banks will guarantee credit availability

- Banks will avoid speculative practices

- Banks will buy public debt at reasonable rate interest and not exagerated as now.

BCE does not lend money to States of the European Union, it just lends money to Banks, who, receiving money at 1% lend it to States at huge rates such as 6,7,8 or 12%.

Banks and Markets, Navarro continues, are not alone as causers of this mess. Public Policies which allow these behaviours are designed and approved by political elites of the States. Central Banks are public authorities and their governors are designed by political appointment.

For instance, Fernandez Ordoñez, Bank of Spain´s governor who also sits at the European Central Bank was appointed by Rodriguez Zapatero.

He is the same who has recently  reported that Banks have no liability at all when there is no Bank Guarantees for off plan purchases, against what explicitly, a currently in force 1968 Law says: ( the funny irony is that this person oriented Law was made by Franco :)

Instead of helping the Banks, the Central European Bank should have helped States ( this is also a political decission), and, following with Navarro´s article, according to what once said Joseph Stiglitz, that money driven by public banks would have ease credit and economy reactivation.

In my opinion, also Private Banks with the right orientation should and start making pro-person decissions. Why not? We people have the power now: Internet.

This is what Merkel also commented last week after her visit with Pope Benedict XVI: " We have discussed how politicians need to be able to make policies for people  instead of operating according to the markets"

(Their crisis:  they have yo pay it)

 

Ronda

"Ronda Nuevo Bridge", Ronda - Málaga, Spain, by papalars, at flickr.com



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Legal tip 603. So simple III. Companies and Banks´ Missions revised
29 September 2011

This morning on the forums

"There is this article by this Belgium Proffessor of Economics published on the Financial Times in 1998, who clearly described, in 1998, before the Euro came into force, what the consequences would be for countries such as, for instance, Spain:

http://www.econ.kuleuven.be/ew/academic/intecon/Degrauwe/PDG-papers/FT_articles/FT%201998%2002.htm

Amazing ah?

I think that roles of Banks and companies in society need to be rethinked with its corresponding translation in reform of Laws.

As social entities or entities in society they clearly need to reform their missions and be centered on service to people and to human dignity and not to self-benefits. This would bring a happy blooming for societies and .... for companies and Banks too: no doubt.

Person-alis ot person oriented times come!!!

That simple. Americans first please. Obama? Do you want to be really remembered in history as the leader your country needed?

Let´s hope it will happen and the old Western civilisation ( as we are called) keeps saying his word ahead in this world!

Have a great day with your family, friends and loved ones!

Maria

Ronda

"Ronda, Spain, December 2006", Ronda - Málaga, Spain, by Trent Strohm, at flickr.com



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Legal tip 602. So simple II: Banks settling Out of Court
26 September 2011

What if Banks settled out of Court for any valid claim for return of off plan deposits you have against them, either with or without Bank Guarantees?

The financial boom and attached real estate euphoria in Spain, who was partially incremented by foreign Banks when euro come into force, has left many victims. Some of them still have a long way to go in Courts...

I am wondering these days if we all could come faster more united for a solution... I think I have found the right proffessionals who might make this possible.

It seems some Banks are thinking through this possibility: settling out of Court with the value you paid plus interest,  paying you with property in Spain.

What if, instead of receiving the refund, you receive same value in estate assets in Spain, valuated by independent proffessionals ( covering value, technical quality and legal safety)?

It is not a solution for all, but it is a valid one for some... or many.

Would you accept?

Ronda

"Ronda", Ronda - Málaga, Spain, by Werkmens, at flickr.com



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Legal tip 601. So simple
24 September 2011

Two statements today from this paper by the IMF Studies Center: 

 http://www.imf.org/external/pubs/ft/wp/2010/wp10268.pdf

 

"The United States experienced two major economic crises over the past century—the Great
Depression starting in 1929 and the Great Recession starting in 2007. Both were preceded by
a sharp increase in income and wealth inequality, and by a similarly sharp increase in
debt-to-income ratios among lower- and middle-income households".

"(...) Many have stressed the roles of excessive financial liberalization and of asset price bubbles, but it can also be argued, as done in Rajan (2010), that much of this was simply a manifestation of an underlying and longer-term dynamics driven by income inequality".
 
Economy needs to be reoriented towards promotion of full dignity of all people and not to the benefits of few. That is the simple key for future sustainable and happy growth! So simple!

Have a great weekend!

María
 
Ronda
"Ronda", Ronda - Málaga, Spain, by Werkmens, at flickr.com


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Legal tip 600. Timeshare rights in Spain: a safe option. Part 7
23 September 2011

What if the buyer does not pay the management fees? Either the owner of the complex or the company in charge of management can proceed to officially request the payment and to cancel the contract one year later.

The claimers will deposit " non consumed" part of the proce to be returned to buyer.

A penalty clause for these breaches can be agreed between parties, always under the possibility of judicial review

Deeds and Land Registry

These rights can be registered in the Land Registry. For this purpose, a Notary deed will be necessary.

Notary and Registrar will inform and protect the rights of the buyers and will not register rights lacking the necessary legal requirements according to this Law.

These rights can ne transmitted.

Community of share holders

When a timeshare scheme is formed, same Notary deed will set a community of holders. The performance of this community will be under the statutes established in the set-up deed or those freely agreed by its members. Agreements will be taken according to these rules:

-2/3 majority for those agreement that modify the scheme

- Simple majority for the rest of the agreements

- Same votes as rights held

- Judge can intervene if there is no agreement or one taken is seriously detrimental for interested paties

- Horizontal Property Act applies for matters not covered by this Act.

Ronda

"Ronda", Ronda - Málaga, Spain, by Werkmens, at flickr.com

 



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Legal tip 599. Online auctions in Spain
22 September 2011

Justice Minister, Francisco Caamaño, presented on Wednesday the new Judicial Electronic Auction Website, which allows monitoring and involvement of all citizens through the Internet, in the auction of mortgaged or seized properties.

This new system will help to avoid any unfair practices, will obtain better prices and will avoid unnecessary travel to tenderers. The website is scheduled to begin operating in November.

"This is project is important in today's Spain due to the current credit and real estate and the shortage of bidders in auctions," said Caamaño, who warned that the lack of bidders makes the award prices to increase  further from their real value.

In this regard, he stressed that "the general ignorance of citizens" and the difficult access to the auctions produce "a cartel of a few", that using insider information and price-fixing do harm citizens whose properties have been seized. These are the so called "auctioneers".

The new portal will publish all auctions nationwide and citizens will be able to access information and participate in real time on accessing electronic bids by electronic ID, any electronic certificate or a name, username and password obtained in court.

Citizens will be able to monitor the auction process itself, venue, date and time of opening and closing, Court which is processing the file, etc .It will be possible to locate the auctioned good through virtual maps and photographs. In addition, the citizen will be able to search either by type of auction, estate, furniture and vehicles - by location, appraised value, date or state of the auction.

Success in Murcia

The Ministry of Justice has been developing since 2007 a pilot project of electronic auctions in the region of Murcia, which has proven to be a "success" in managing the award of seized properties, said Caamaño.

The minister said that since the implementation of the project, the ratio of the Internet bidders who attend has grown nearly 190%. Also, in the last two years, the number of Internet awards increased by 250%. "This shows it is a tool that people know and use," said Caamaño.

During the first quarter of 2011, the courts awarded 113 properties in Murcia on the Internet compared with 53 in the same period of 2010, a 113% increase. The value of the auctioned goods in this period was 18.4 million Euros compared to 6.6 million Euros in the same period last year. The hammer price increase because of increased number of bidders was between 20% and 25%.

This initiative was recognized by the European Commission and the Council of Europe with the prize "Crystal Scales of Justice" for its contributions to advertising and access to justice across borders, as EUcitizens can also participate.
 
New translated from Expansion by CostaLuz Lawyers
 
Ronda
"Ronda", Ronda - Malaga, Spain, by Werkmens, at flickr.com


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Management tip 43. The Challenge of Starbucks
21 September 2011

 From Julian Villanueva´s blog

Tweets de la sesión “El desafío Starbucks” en #iese

dejar un comentario »

Ayer tuve la suerte de moderar la sesión que tuvimos con Howard Schultz (CEO Starbucks) en el campus del IESE de Madrid, con ocasión de su libro “El desafío Starbucks: Cómo Starbucks luchó por su vida sin perder su alma”. Howard estuvo realmente inspirador ante unos 1000 antiguos alumnos y amigos del IESE. Prometo más posts sobre su conferencia, pero hoy quería compartir algunos tweets que he seleccionado y que me han parecido particularmente interesantes.

INNOVACIÓN

Alvaro_Vergara Innovation requires decision making and if you are going to fail, fail fast! #StarbucksIESE

starbucks_es “Hay que intentar tener la curiosidad de ver mas allá y la valentía de llevarlo a cabo” #HowardSchultz #ElDesafíoStarbucks

marisolmenendez ”Rewarding innovation is risk taking. We dont want to reward mistakes, but learn from them.” #HowardSchultz #StarbucksIESE

POLÍTICOS

Alvaro_Vergara Howard Schultz: “Is this the best our political leadership can do around the world?” #StarbucksIESE

Acicardenal #HOWARDSCHULZ asks himself,are our World leaders doing enough to solve the crisis?? At #ElDesafioStarbucks@iesebs yfrog.com/klrnvbrj

PERSONAS

iesebs ”The success of most entrepreneurs comes from hiring people w/ complementary skills & allowing them to share the stage” #StarbucksIESE

salvadorsuarez Espectacular Ayer el @CEO_starbucks #StarbucksIESE ” We believe you can’t build a company unless success is shared” bit.ly/oy7R71

 COMERCIO JUSTO

rmiranda Starbucks H. Schultz! (Suppliers), “pagando a los productores de cafe el precio justo y asegurando que lo reciben” #starbucksIESE

DIAGNÓSTICO

rmiranda Starbucks H. Schultz! (Disciplina y metodo) “el problema no lo causa una sola cosa y no lo resuelve una sola solucion” #starbucksIESE

 REDES SOCIALES

iesebs ”We want someone under thirty on the board because we don’t really understand how information is being shared” #StarbucksIESE

starbucks_es ”Uno de los errores en medios digitales es apresurarse para ir a vender, cuando hay que crear confianza”#HowardSchultz #StarbucksIESE

iesebs ”We spend less on advertising as a result of the value we get from the connection w/ our customers through social media”#StarbucksIESE

MISIÓN

starbucks_es ”El crecimiento no debe de ser una estrategia, sino un resultado” #HowardSchultz #StarbucksIESE

mra1981 #StarbucksIESE…we don’t sale just a good product, we sale relation with our customers, employees, and suppliers…honesty is key to success

 LIDERAZGO

iesebs ”…We began to suffer from the disease of hubris & entitlement. We got too comfortable” (2/2) #StarbucksIESE#ElDesafioStarbucks
marisolmenendez ”it is very lonely running a company which the world say its hopeless” #ElDesafioStarbucks #StarbucksIESE #HowardSchultz

Y acabo con…

AdiosLadrillo #schultz tiene la pose y el aspecto de James Stewart en sus mejores pelis. Con diez como él arreglábamos esto #StarbucksIESE

Ronda

"Ronda", Ronda (Málaga), Spain, by dalrealgerk, at flickr.com



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Legal tip 598. Rich for taxing the rich
21 September 2011



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Legal tip 597. Timeshare rights in Spain: a safe option. Part 6
20 September 2011

 Article 11. Prohibition of advances.


1.  It is prohibited the payment of any advanced amount by the purchaser to the transmitter before the deadline for exercising the right of dismissal or  the rights to cancellation referred to in the preceding article. 
However, the parties may establish the covenants and conditions they deem as appropriate to ensure the payment of deferred price, provided they are not contrary to this prohibition and do not imply that the transferor receives, directly or indirectly, any compensation in cases of exercise of the dismissal/cancellation rights.

2. If the acquirer would have anticipated some amount to the transferor, shall be entitled to demand repayment of double amount at any time, and may choose to cancel the contract within three months following its conclusion or require full compliance.

Article 12. Loan scheme to purchase.

Loans granted to the purchaser by the transferor or a third party who has acted in accordance with it will be cancelled when the first dismiss or cancel in any of the cases provided for in Article 10.

No penalties will be included in this loan contracts for the purchaser in the case of dismissal or cancellation.

If the purchaser had taken over a loan already existing to the transmitter, once exercised the dismissal or cancellation, the loan will continue for the original debtor (transmitter).

Ronda

"Ronda", Ronda, Málaga, Spain, by NatalieMaynor, at flickr.com



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Legal tip 596. Patrimonio tax
19 September 2011

 Patrimony tax again:

base-liquidable-impuesto-patrimonio.jpg

Base liquidable: taxable amount

Hasta: till

Cuota: tax amount

Resto base liquidable: Rest of taxable amount

Tipo aplicable: Rate

Porcentaje: Percentage

Ronda Bridge

"Ronda bridge", Ronda, Spain, by Dean Ayres, at flickr.com



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Legal tip 595. Banks Bringing life
19 September 2011

 That is what we aim for with our new venture in conjuction with several other great property proffessionals we have been in contact with for many years now.

Just to offer the best deals, fully guaranteed both in legal and technical terms and with a price you can be sure is the right one. The full market at your hands. Is this not what you are looking for?

Importantly, by curing part of the body the whole body will heal. That is why are also passionated about the mission.

By doing so, we help you and we help us as a company, but we also help the market to get into a bit more of life and balance.

Banks will be settling and  developers will probably increase their sales: this will bring its portion of health and dynamism to the Spanish property market.  Related Services revitalising. Work rates improving: life again.

We also help this way, those of you who already have a property in Spain as this dynamism will make your resorts and facilities improve and somehow resurrect from paralysis.

When doing so, we will be proactively asking the main defaulters and causers of the whole mess: Banks for settlements, offering to you the best priced, quality and legal properties.

This will also be a benefit  for those waiting for a refund as money circulating within the sector will ease the settlements and transactions

It is just about bringing life to what is almost dead.

Vejer desde la Botica

"Vejer desde la Botica", by denegro, at flickr.com



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Legal tip 594. Timeshare rights in Spain: a safe option. Part 5
15 September 2011

 Article 10. Dismissal and cancellation.


1. 
The purchaser of timeshare rights will have rights to dismissal from the contract of his own volition within ten days from the signing of the same. If the last day of that period was a bank holiday, this will be excluded from the computation, which will end the next business day. Exercised the dismissal, purchaser will not pay compensation or expenses.

2. 
If the contract does not contain any of the necessary requirements established before or in the event that the purchaser would not have been sufficiently informed owing to a breach of prohibition in Article 8.1, or failed to fulfill obligations established in same paragraph of this article. Also if the information document submitted did not match the one filed in the registry, the purchaser will have rights to cancel the contract, without being penalized or obliged to pay any expense.

In the case of lack of accuracy in the information provided to the purchaser, the seller, may, without prejudice to criminal liability that the transferor may have incurred and without prejudice of established in paragraph above, institute action to void the contract as provided in Articles 1300 and following articles of the Civil Code.

Completed the information before that period expires, the purchaser may withdraw within ten days of rectification, as set out in paragraph 1 of this article.

After three months without having completed the information and without the buyer has exercised his right of dismissal, this may also withdraw within ten days following the expiry of the period, as provided for in that paragraph 1 of this article.

3. 
The withdrawal or cancellation of the Contractor shall be notified to the developer at the address that for this purpose is necessarily contained in the contract. Such notification may be by any means to ensure consistency of communication and receipt and the date of shipment. In the case of withdrawal, it is sufficient that the shipment was made before the deadline.

 If the contract was executed before a notary. The dismissal must be recorded in a notarial affidavit.  This will be sufficient basis for re-register of the rights in favor of the transferor.

Vejer de la Frontera

"Vejer de la Frontera", Spain, by oliverlaumann, at flickr.com



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Legal tip 593. Old and new values for proffessional life
14 September 2011

NEW!

Transparency

Effort

Honesty

Community sense

Solidarity

Global approach ( underdeveloped countries included)

Optimism

Austerity

Sharing

Creativity for new resources

against... old

Individualism

Egocentrism

Ultra-competitiveness

Obscurism

Breaches

Unloyalty

Elitism

Continued fight for same resources

Power imposition

Utilitarism

Vejer 2005-037.jpg

"Vejer", Spain, by HollywoodPimp, at flickr.com



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Legal tip 592. Useful informative brochure on taxes
14 September 2011

 By the National Tax Office

http://www.aeat.es/AEAT/Contenidos_Comunes/No_residentes/Tributacion_de_no_residentes/Folletos_divulgativos/irnringles.pdf

Would you be able to pay your taxes now?

Vejer

"Vejer", Spain, by Heart Industry, at flickr.com



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Legal tip 591. Justice rating
14 September 2011

Average rate spaniards give to the General Council of Judicial Power is of 4,6

Just 31% of Spaniards trust the rule of Law

Rate of Judges, Attorneys and Notaries are lower than last year, Lawyers keep same rate as last year

I told you: there are lots of great lawyers in Spain. 

Vejer

"Vejer", Spain, by Heart Industry, at flickr.com



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Legal tip 590. Timeshare rights in Spain: a safe option. Part 4
14 September 2011

The inventory and, where applicable, the contract general conditions not included in the contract and the registered articles of the statutes shall be inseparable annexed signed by the parties. 

The contract and the information provided in this Act shall be in the language or one of the languages of the European Union ​​chosen by the purchaser: that of his nationality or his country of residency.  It will also be written in Castilian or in any other official language of place where contract is signed.  Also, the transferor shall deliver to the purchaser the translation of the contract to one of the languages ​​of the Member State of the European Union in which the property is located, provided it is one of the official EU languages. 

Foreign buyers who are not nationals of a Member State of the European Union or residents thereof may require the contract and other documents to be delivered to them translated into the language of a Member State of the Union of their choice. 

Owners, developers or any natural or legal person who is professionally involved in the transfer of timeshare rights shall keep available to consumer organizations included in the first additional provision of this Act and, where appropriate, the tourism authorities,  full translation of documents to be delivered to any purchaser and clauses that are considered as general conditions. 

Without prejudice to the responsibilities that may apply in case of any discrepancy between the different versions, will apply the most favorable to the acquirer.
 
 

conil de la frontera

"Conil de la Frontera", Spain, by carbide, at flickr.com



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Legal tip 589. Will progress
14 September 2011

 Just those generous workers and entrepreneurs, open to sharing and co-working  in a community based environment will be able to progress and make their contribution to society.

Individualism has proved to be a wrong way  to be in proffession.

Cheers!

Maria

Conil

"Conil", Conil de la Frontera, by Ioumi, at flickr.com



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Legal tip 588. Would you buy properties selected by us?
13 September 2011

We are starting this new venture at CostaLuz Lawyers.

Would you buy properties under our "quality seal", after verifying on legality, quality and price?

Legal aspects will have an implict Insurance as we have full indemnity insurance in place.

Would you allow us to reach that Spain?

Playa de Conil

"Playa de Conil", Conil de la Frontera, Spain, by Chodaboy, at flickr.com



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Legal tip 587. Perspective
13 September 2011

 When a Bank Guarantee was not provided to clients, we have two options:

a) To act against the Bank out of provision 1segundo of Law 57/68 or

b) To act against the lawyer´s insurance company for negligency when conveyancing

Every case is different and the choice of one of the two really depends on facts but, according to the spirit of Law 57/68, I am inclined to ask liabilities against the Banks first.

The lack of closure and control on people´s deposits minimised the risk that Banks placed on these developmemnts which they were financing. Of course the whole development has a mortgage acting as a guarantee for the Bank. 

Very precise instructions and strong requirements were on the developer when they borrowed money for building as the Bank was guaranteeing its own mortgaging business.

On their part, developers were protected by their limited liabilities companies, and in the event they failed to repay building mortgages, the Bank would repossessed their developments but nothing personal was at risk either.

Buyers, those who really risked money depositing trust on developers and Banks were fully unprotected by these other two. Law 57/68  asked them to provide guarantees ( developers) and to verify on the existence of guarantees for individual buyers  and controlling money deposited in their accounts for off plan project was only used for building purposes (banks).

The problem is that the de-formation of what a bank is, possibly made them, and their regulators uncapable for understanding  that they had to look for other interests´ as well.

The good thing is that Law 57/68 exist and Judges seem to be starting to be able to read them under its correct perspective. 

 

Playa de Conil

"Playa de Conil", Conil de la Frontera, Spain, by Pablonete, at flickr.com



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Legal tip 586. Timeshare rights in Spain: a safe option. Part 3
13 September 2011

Contract minimum content I 


Article 9. Minimum content of the contract.


The contract signed by any person or entity in connection with his professional activity relating to  timeshare rights shall be in writing and will express at least the following:


1. 
Date of the contract,  data of the Notary deeds by which the timeshare regime was established, indicating the day of the grant,  name of the authorizing  notary, Notary protocol number  and  Land Registry registration date.


2. 
Explicit reference to real or personal nature of the timeshare regime, stating the date on which the scheme will expire in accordance with the provisions of this Act


3. 
Detailed description of the building, its location, reference to units with timeshare rights, with specific reference to their registration data and the corresponding turn for the use of the unit, indicating days and hours.

4. Building status of the work, containing:

-  If it is completed or under construction, if still being built, expression of the stage will be necessary.

- Maximum deadline for the end of the building.

5. Reference to the building permit and identification and address of the issuing Local Council.

6. Building stage of common elements that allow the use of the property.

7.Address of the purchaser: to the effects of communicating end of work, registration and beginning of the regime.

8.Quality specifications

9. Furniture and value for insurance purposes

10. Explicit reference to the Insurance or guarantee which can be used if the building is not finished on time or specified furniture is not placed.

11. Price of acquisition and annual fee, stating that it will  be updated according to the consumer price index published by the National Institute of Statistics, unless the parties have established another way to update, which may not be at the discretion of one, indicating a general guide, which has been the  average  of the index over the past five years. There will also be an expression of the amount of taxes in accordance with the provisions of this Act as well as a rough indication of notary and registration fees in the event that a Notary deed is granted and it is registered at the Land Registry

12. Literal insert of texts of Articles 10, 11 and 12, indicating its character of legal rules governing the contract.

13. Common services and facilities included conditions for their enjoyment.

14. Whether or not there are rights to participate in sharing services.  When this possibility exists, stating the possible costs and reference to exchange documents provided for in Article 8.2.k) of this Act

15. Expression of the corporate name, registry data and address of:

a. The owner or developer.

b. The transferor, with precise legal relationship with the owner or developer at the time of the contract.

c. The acquirer.

d. The company for services.

e. The third party who had taken over the exchange, if any. This third party, if a legal person, must be trading with a registered branch in Spain.


16. Duration of timeshare regime, with reference to the Notary deed and the date of registration thereof. 
If the building is under construction, with reference to the building deadline for completion of the work.


17. Expression to the right of the purchaser to:


a. 
Check the ownership and encumbrances of the property, requesting information from the competent Registrar, whose address and fax number will be expressly stated.


b. 
Request the granting of public Notary deed.

c. Request the corresponding registration in the Land Registry.

18. Place and date of contract

19. If there are rights of transfer to third parties. When there is this possibility, approximated eventual costs will be expressed.

For Parts I and II of this serie, please click on here

 

 

 

 

 

 

Conil: beach from a bunker

"Beach from a bunker", Conil, Spain, by shehani, at flickr.com



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Legal tip 585. Net-era jobs
12 September 2011

Some expamples of new proffessions coming out of the crisis and the Net-era:

 

Property Sales manager: mainly for repossesed properties: hired by Banks mainly

Risk control companies

Daily life helpers:  House cleaning, children care, elderly care, house refurbishment, online shoppers

E-Commerce Manager: who helps companies to sell online

Community Manager: who helps companies to be present at social networks

Energy saver: for companies and families

Buying agent: for companies and families. Get best prices through Internet

Export expert

Payments manager. To obtain payments from debtors

Artcrafters: globalisation and uniformity is creating a new taste to unique, genuine objects with full personality 

 

160

 

Conil: row of fishermen

"Conil: row of fishermen", Conil de la Frontera, Spain, by shehani, at flickr.com



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Legal tip 584. Spain improves competitiveness
09 September 2011

Spanish economy has recovered some of its competitiveness according to the World Economic Forum, rising from number 42 to number 36 in his last competitiveness report.  This report analyses 142 economies, being Switzerland in position number one.

This report mentions as main causes of this recovery:  higher use of technology of information, research and development investment strength and a bettering of innovation capacity. The authors add that deepening in the improvement of these three areas will be essential for the necessary economic transformation.

This institution establish that macroeconomic unbalances are on the root of the low competitiveness of Spain: high and growing public deficit, high level of public debt and very low saving level. This has caused a high level of anguish in its financial markets and kills the access to financial resources, which puts into risk future investment plans.

In the new edition of the ranking Spain is lose to countries like Puerto Rico (35) or Bahrain (37), it is over Italy ( 43), Portugal (45) and Greece (90), and far from European countries like Finland (4), Germany (6), Netherlands (7), Belgium (15), France (18) or Ireland (29)

Top posts are for Switzerland (1), Singapore (2), Sweden (3), United States (5), Japan (9) and UK (10)

 

Patio, Conil

"Patio", Conil, Spain, by anda-luz, at flickr.com



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Legal tip 583. Timeshare rights in Spain: a safe option now. Part 2
06 September 2011

Duration of timeshare contracts are from 3 to 50 years. Once the period expires, holders of rights will not have right to any compensation.

* Timeshare rights can never be sold under the world " ownership"

* The infomative document that the seller of timeshare rights need to provide to buyers needs to contain:

- Name and addredss of seller/s

- Legal qualification of rights sold with clear mention of the date when rights will be extinguished

- Description of building and building status

- Commun services and building stage of the same

- Name of management company

- Standard price, higher prices, obligatory charges and taxes, yearly expenses, management fees..

- Explicit mention of no extracharges than those included in the contract.

- Number of dwellings and turns

- Full information on cancellation rights and their procedures

- Full description, processes and rights if exchange program exists

- Full descriton, processes and rights if cession of rights  is possible

* The seller will inform the buyer of all organisms where they can obtain information on their rights: Consumers offices, Notaries, Land Registries...

* Publicity of timeshare schemes will always include full information on the scheme registered in the Land Registry and a warning to check this registry before contracting

* All furniture included in the units will be listed

Part one of this serie here

Chiclana, Costa de la Luz, Cadiz, Spain by Lucia Lence at Flickr.com



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Legal tip 582. Conveyancing work
06 September 2011

 Conveyancing work in Spain can be from the very simple tasks of verifying a previous ownership title and assist you at the completion date at the notary to doing an extensive work involving:

- Checking of previous title ownership, encumbrances, loans... and corresponding contract and agreements for ownership to be clear and pacific

- Verifying of description of property in land registry and possible ammendment processes before the Land Registry: new works, first registration, seize ammendment, property claim...

- Checking on refurbishment licenses in the Local Council: historic-artistic limits for reforms...

- Checkings on easements

- Taxes reductions involved

- Judicial procedures for defence of legally acquired when disputed...

Therefore, the optimum way is to find a good, well stablished and independent lawyer with an expertise in Property Law.

Barrosa Beach, Chiclana, Cadiz, Costa de la Luz by Alfonso Jimenez at Flickr.com

 



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Legal tip 581. Timeshare rights in Spain: a safe option now. Part 1
05 September 2011

Timeshare rights were regulated in Spain in 1998. Regulation was for future but also for past schemes.

We are presenting a number of posts on this topic for consumers´information.

 

Timeshare right confer on its owner the power to enjoy, in an exclusive way and for an specific period every year, a dwelling with its corresponding furniture and complementary services. These enjoyment rights do not entail rights to change the house or its furniture.

Timeshare rights require an specific and determined building where all units are under the scheme. Every scheme needs to have at least 10 units. Same building can be used for timeshare and other touristic use, provided timeshare units and periods are clearly differentiated.

Minimun timeframe for every timeshare period is of 7 days.

Timeshare rights can never be linked to ownership rights, not to be named multipropiedad or any other name containing the word “ ownership” ( propiedad)

Conil by Pablo G. Pando at Flickr.com

 



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Legal tip 580. More discipline for lawyers
02 September 2011

In answer to this debate in the forum:

Commissions for sales from the agent/developer ( vendor) to buyers´Lawyer are of course forbidden. It is against some essential principles of our proffession:

(1) avoid conflict of interests, and,

(2) independence

Some lawyers mainly established in popular Coastal areas under crazy development during the boom years played that tricky and risky game of having buyers refered by the vendor ( or its agent) and found themselves trapped in an unproffessional and illegal circle.

Then, Bar Associations have not been specially determined on discipline and punishment and it has not made any good to our proffession and hundreds of honest lawyers existing in Spain.

Maybe a body of deonthologist ( ethicist, psychologist, philisophers...) for deciding on lawyers´ ethical conduct would be necessary at every Bar Associatios or at the National Council of Lawyers. Sometimes, when these matters ( where the ethical behaviour of a lawyer is under discussion) need to be decided by Lawyers of same province, colleagues, the judgement is too shy.

Keith Rule has included this aspect in the petition he is leading and I am sure it is being heard and will be more and more heard in the future

These are times for reforms. Constitution is being reformed in Spain. Why not more discipline for lawyers?

I know I will not be liked by some colleagues of mine... but i do think it is just the truth.

Have a great weekend!

 Tarifa, Cadiz, Spain, Costa de la Luz by Nacho Romero at Flickr.com



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