Real Estate Lawand Financial Consumer Defense
Specialists in banking claims and financial consumer protection
"We are experts in Real Estate Law and financial consumer protection, defending individuals against banking, financial and insurance entities that violate the law through abusive clauses, usurious interest rates or lack of contractual transparency. Our goal is to recover your money and guarantee your rights as a consumer, acting both out of court and in court throughout Spain. From our law firm in Girona, we handle cases across the national territory.
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What is Real Estate Law and how does it relate to financial consumer protection?
Concept and scope of Real Estate Law
Real Estate Law regulates all legal relationships related to real estate: sales, leases, mortgages, easements and construction contracts.
In recent years, its connection with Banking and Consumer Law has intensified due to the increase in litigation over abusive clauses and opaque contracts.
Importance of transparency and contractual good faith
Spanish and European legislation requires financial entities to act with transparency and good faith. Any clause that has not been clearly explained or that causes imbalance between the parties may be declared null.
What is Real Estate Law?
We are experts in Real Estate Law and financial consumer protection, defending individuals against banking, financial and insurance entities that violate the law through abusive clauses, usurious interest rates or lack of contractual transparency. Our goal is to recover your money and guarantee your rights as a consumer, acting both out of court and in court throughout Spain. From our law firm in Girona, we handle cases across the national territory.
Mortgage loansand abusive clauses
Floor clause, IRPH and mortgage expenses
These are some of the most litigated clauses:
- Floor clause: prevents interest from falling below a minimum, even if Euribor is negative.
- IRPH: alternative index to Euribor, declared abusive due to lack of transparency.
- Mortgage expenses: the bank must return notary, management and registry expenses, in accordance with CJEU case law.
Opening commission and early maturity
The Supreme Court has considered opening commissions abusive if they do not correspond to a real service, and has limited early maturity clauses only to cases of serious breach.
Usuryin loan and credit contracts
What is considered usurious interest according to the Azcárate Law
The Usury Repression Law (1908) establishes that a loan is usurious if it imposes an interest rate notably higher than the normal rate of money and manifestly disproportionate to the circumstances of the case.
Recent Supreme Court sentences
The Supreme Court (STS 628/2015 and STS 149/2020) has declared null numerous revolving card and quick loan contracts, allowing full return of interest paid.
Lack of transparencyin banking contracting
Pre-contractual information duty
Financial entities are obliged to inform the client sufficiently in advance about the total cost of credit, APR, interest and consequences of non-payment. Lack of transparency implies nullity of the clause and restitution of amounts.
Legal consequences
A non-transparent clause produces no effects, and the contract may subsist without it or be declared null in its entirety.
Revolving cardseternal credit and the interest trap
What are revolving cards
They are credit cards that allow installment payments with compound interest, causing the debt to barely decrease. Interest usually exceeds 20% APR, making them potentially usurious contracts.
Supreme Court and Bank of Spain case law
The Supreme Court has confirmed that interest rates exceeding double the average market interest are considered usurious. The Bank of Spain has urged entities to review and regularize these contracts.
How to claim
We judicially claim the nullity of the revolving contract, achieving that our clients recover the interest paid and are only obligated to the borrowed capital.
Consumer contractslegal protection of the consumer
General Law for the Defense of Consumers and Users (LGDCU)
This law protects the consumer against abusive clauses, lack of information or unfair practices. It applies to all types of contracts: financial services, supplies, telecommunications, etc.
Abusive clauses
They are those that cause imbalance between the parties, are not individually negotiated or limit basic consumer rights.
- Cause imbalance between the parties.
- Are not individually negotiated.
- Limit basic consumer rights.
Right of withdrawal
The consumer can cancel a distance or off-premises contract within 14 calendar days without penalty or cost.
Real Estate Law in Catalonia
Home sales, earnest money and private contracts
In Catalonia, the Catalan Civil Code regulates real estate contracts in detail. Penalty earnest money is common and allows withdrawal from the contract with economic penalty.
Urban leases and evictions
Law 12/2023 on Housing has strengthened protection for vulnerable tenants. Our firm manages evictions, rent reviews and deposit claims in accordance with Catalan law.
Judicial and out-of-court proceduresof claim
Claims before Bank of Spain or consumer offices
In the first instance, you can claim before the bank's Customer Service or Consumer Offices.
Judicial actions
If there is no favorable response, we file a judicial claim to claim the nullity of the contract and the return of amounts collected unduly.
How we work
Review and legal audit of contracts
We analyze your loan, card or mortgage contract to detect usury, abusiveness or lack of transparency. We work with financial experts to calculate the amounts to recover.
Comprehensive judicial defense
We file claims before courts throughout Spain, with a very high success rate in cases of revolving cards, personal loans and mortgage clauses.
Frequently Asked Questions
We answer the most common questions about our legal services. If you don't find the answer you're looking for, don't hesitate to contact us.
Any that causes unjustified imbalance between the consumer and the entity.