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The real estate mediation contract

The real estate mediation contract

The real estate mediation contract isn’t specifically regulated by the civil code or by the Spanish legal system, although it is one of the most widely used contracts. It had to be defined by jurisprudence in the Tribunals. The consequence of this lack of regulation implies that the clauses between parties may be contrary to the law, and what might not stipulated in the contract, by the precepts corresponding to the amounts, and the mandate. Regarding when the agents should charge his commission, Tribunals consider that the estate agent’s commission is due when the contract, which is the object of the mediation, is signed, which is when is it finalised, even if it isn’t fulfilled yet. It is finalised when the parties involved in the contract come to an agreement on the object and the price of the sale, even if the property hasn’t been delivered yet or if the total amount hasn’t been paid. The fulfilment implies that the sale has been totally regularised through a public deed.

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