El blog de Maria

Buying off-plan in 2025 can be an exciting way to secure your dream home at launch prices—but the contracts we’ve reviewed from our clients often hide clauses that expose you to unnecessary risk. Here are the most common red flags we’re spotting right now:

• Power of Representation: Contracts sometimes grant the promoter excessively broad powers of attorney. It’s crucial to verify that the person signing the contract actually has the authority to do so. Insist that any power of representation be strictly limited to specific, narrow circumstances.

• Work Without Permit: Never agree to pay installments before the building permit is obtained. Until that permit is in hand, your payments aren’t legally protected.

• Exact Measurements: Ensure the contract specifies the exact usable and built square meters you’re buying—no rounding, no “approximately.”

• VAT Rate Verification: Off-plan residential properties should carry a 10 % VAT rate. Verify this in writing and prevent any higher or alternative tax from being imposed.

• Deposit Guarantee: Any sum paid in advance must be secured by a bank guarantee or insurance policy (“aval bancario” or “seguro de caución”), and should only be backed by the constructing company—since these firms are often set up ad hoc for that sole purpose—not held at your sole risk.

• Mortgage Denial Protection:

  “The effectiveness of this contract is subject to the Buyer obtaining the requested mortgage. If the lending institution denies financing or subrogation through no fault of the Buyer, the contract shall be automatically terminated and the Developer shall refund all amounts paid within 5 business days, without interest.”

  This clause must be expressly negotiated, as case law only recognizes this suspensive effect of financing failure when it is contractually stipulated.

• Fixed Delivery Date: Tie the hand-over date explicitly to the issuance of the first-occupancy license (or the start of occupancy) so you know exactly when you’ll get the keys or can enforce your guarantee.

• Costs According to Law: All expenses—notary, registry, taxes, initial community fees—must be allocated and capped in accordance with the Civil Code, not at the promoter’s whim.

• Symmetrical Penalties: If the promoter fails to deliver on time, their penalty should match the one you face—ideally set at the legal interest rate on money.

🔍 Free Initial Contract Review
As part of our educational mission, we offer a complimentary first review of our clients’  off-plan purchase contracts. Let us uncover hidden risks before you sign—contact us today!

Renting a home: principal residence, is one of the most important decisions we make, and signing a contract is a crucial step. But did you know that not all the clauses proposed to you are legal? In Spain, the Urban Leases Act (LAU) and the Civil Code protect tenants from certain abusive conditions.

It's essential that, before signing, you examine every point closely. An abusive clause can lead to unexpected problems and expenses in the future. Here are some of the most common ones to watch out for:

Clauses often considered abusive:

• Waiver of the mandatory contract extension: The LAU establishes a minimum duration for rental contracts (currently 5 years for individuals and 7 for legal entities, if the contract was signed from March 2019 onwards, with annual extensions until these terms are met). Any clause that forces you to waive this right is null and void.

• Obligation to pay for unagreed improvement works: As a tenant, you're responsible for ordinary maintenance and minor repairs. However, improvement works that haven't been expressly agreed upon or that serve to improve the habitability of the home are, generally, the landlord's responsibility.

• Demand for a security deposit higher than legally allowed: The law states that the legal security deposit is one month's rent. Although additional guarantees (such as bank guarantees or deposits) can be requested, these have limits and cannot replace the legal security deposit.

• Imposition of disproportionate penalties for early termination: If you decide to leave the property early, the LAU allows the landlord to receive compensation, but this is usually limited to one month's rent for each year remaining on the contract, prorated for shorter periods. Excessive penalties can be abusive.

• Prohibition from registering at the property (empadronamiento): It's a fundamental right of the tenant to be able to register at the property they inhabit. Any clause preventing this is null and void.

• Obligation to pay expenses that belong to the landlord: The law establishes which expenses correspond to each party (for example, IBI or community fees are usually the landlord's responsibility, unless expressly and clearly agreed otherwise). A clause that makes you pay expenses that are not legally yours can be abusive.

• Waiver of the return of the security deposit for non-payment of rent or utilities: The security deposit is intended to cover damages or losses the tenant may cause to the property, as well as unpaid rent or utilities. You cannot waive its return in advance.

What to do if you find an abusive clause?

1. Don't sign the contract as is: Negotiate with the landlord or agency to remove or modify the clause.

2. Get informed and seek advice: If you have doubts, consult with a lawyer specializing in real estate law or with a consumer association. They can tell you if the clause is truly abusive and what steps to follow.

3. If you've already signed: Not all is lost. Abusive clauses are null and void by law, meaning they are considered as if they were never written, even if they appear in the contract. You could challenge them legally.

Your peace of mind and legal security come first. Don't rush into anything, and defend your rights as a tenant!

As part of our educational outreach, our law firm will identify any abusive clauses in your contract and explain them to you free of charge. Contact us, and we’ll locate those clauses and propose amendments within 24 hours.

Have you had any experience with abusive clauses in rental contracts? Tell us your case in the comments! 👇

Hey there, everyone! If you're thinking about retiring to Spain, you're not alone—more and more people are choosing our beautiful country as their retirement destination. But before you pack your bags and start dreaming about sunny days on the beach, it’s important to understand how taxes and healthcare work here. So let’s go over the essentials!

Taxes for Retirees in Spain
Tax Residency:
You’ll be considered a tax resident in Spain if you spend more than 183 days per year here. This means you’ll pay taxes on your worldwide income, including pensions. However, Spain has double taxation agreements with many countries, which often prevents you from being taxed twice on the same income.

Pension Income Tax:
Pensions are generally taxable in Spain for tax residents, but it depends on the type:

• Private pensions (from employment or savings): taxed in Spain as earned income.
• Government pensions (e.g., from public service, military, or civil service): usually taxable only in the country of origin if a bilateral treaty so provides.

Spain also offers some tax deductions for pension income, and you may benefit from other treaty protections depending on your home country.

Non-Resident Taxation:
If you don’t spend 183 days or more in Spain and don’t become a tax resident, you generally won’t pay Spanish tax on pensions from abroad. The non-resident income tax of 24% (or 19% for EU/EEA residents) only applies to Spanish-source income, not foreign pensions.

Healthcare Access in Spain
EU/EEA Retirees:
You’re not covered for a full year just with the EHIC (European Health Insurance Card)—that’s only for short-term stays. If you're a pensioner from an EU/EEA country and receive a state pension, you can request the S1 form from your home country's health authority. Registering this in Spain gives you full access to public healthcare, free of charge.

Non-EU Retirees:
You can access public healthcare in Spain by registering and paying into the system through the Convenio Especial (Special Agreement). This allows you to pay a monthly fee (around €60–€157/month depending on age) to get full access to Spain’s high-quality public healthcare.

Bilateral Agreements:
If your home country has a social security agreement with Spain (e.g., Canada, the U.S., Australia), you may be entitled to public healthcare without additional payments, depending on your contribution record and agreement terms.

A Little Personal Note
We totally get it—moving to a new country is a big deal, and figuring out the tax and healthcare systems can feel overwhelming. But don’t worry, you’re not alone! We’ve helped many retirees make the move to Spain and understand all these details. We’re here to guide you every step of the way.

Conclusion
Taxes and healthcare in Spain are different from what you might be used to, but once you understand the basics, it's manageable. Just make sure to check whether your country has a double taxation or social security agreement with Spain to avoid surprises, and don’t forget to get properly registered for healthcare once you settle in.

Retirees are some of our favorite clients—you bring experience, wisdom, and wonderful stories. If you have any questions or need help planning your move, don’t hesitate to reach out. We’d love to help make your retirement in Spain smooth and enjoyable.

Looking forward to hearing from you soon!