Property registry refuses to register a purchase option that conceals an abusive loan on housing
01 Jul 202663 views
Who is affected:
Homeowners with debts, real estate investment companies and notaries who formalize purchase options as collateral
Summary
A registrar denies registration of a purchase option considering it a concealed loan with prohibited pactum commissorium. The General Directorate confirms that such contracts must comply with consumer protection regulations.
Detailed analysis
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The General Directorate of Legal Security and Public Faith resolves an appeal against the registrar of El Campello's refusal to register a purchase option on a dwelling. The registrar detected that the transaction concealed an unpaid mortgage loan: the option premium matched the loan principal, the optionee had irrevoc…
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