Breach of leases and sales
In the field of contractual civil liability, we are specialized in claims arising from sale agreements and work or service lease contracts. Controversies that can arise are as diverse as types of existing contracts.
In property purchase agreements, non-compliance occurs when the seller doesn't comply with contract conditions or with the standards that establish the minimum and basic habitability requirements; and, on the other hand, when the buyer doesn't pay the price or fails to comply with certain conditions of the contract.
Contracts of vehicles sale, especially of second-hand ones, are the ones that generate the most litigation among the category of movable property.
Obligations arising from contracts have force of law between parties and must be fulfilled in accordance with these. Whoever causes damage must compensate it, whether there was a prior legal relationship between parties before, that is, whether we are dealing with a contractual or extra-contractual civil liability case. We are going to address the first of the cases, in which there is a legal relationship or contract between parties.
In sale agreements, when defects appear in the sold thing, buyer can exercise various actions depending on the severity. In the opinion of experts, if defects are minor, the buyer may choose between withdrawing from the contract paying the expenses in which he felt into, or reducing a proportional amount from the price.
When the defect makes what has been delivered unfit for the purpose for which it was acquired, you can rescind the purchase agreement, require the return of the delivered amounts on account of the price of the property, and the pertinent compensation for damages.
In the event of a lack of conformity with the sold thing or of hidden defects in the vehicle, depending on whether the seller is a private individual or a professional, the Civil Code or the Law on Consumers and Users, will be respectively applicable. The period during which defects that indicate the lack of conformity can be shown, as well as the period for the exercise of legal actions if applicable, is longer when the seller is a professional.
And what can we claim if we have bought a vehicle that has pre-existing defects?
- In the first place, we can demand the termination of the contract, which implies that parties have to reciprocally restore performed services: the buyer must deliver the non-conforming good in the state in which it is located and the seller must return the price.
- Secondly, the compensation for damages that have been caused, for example, the cost of the repairs that the buyer has had to face to make it work properly, even if this has not been possible and the cost of renting a replacement vehicle. (Sentència Hector U.)
In housing or premises leasing contracts, the breach of obligations by one of the signatories will legitimize the one who has complied to demand compliance or to terminate the contract.
The landlord will have the power to terminate the contract in the event of non-payment of the rent filing a legal claim exercising the action of eviction for non-payment and the tenant will have only one opportunity to avoid eviction by paying what is due.
The full payment of the rent for the lease of a home, after the deadline and after the eviction claim is filed, doesn't exclude the possibility of the lease resolution, even if the claim is based on the non-payment of a single monthly payment, since lessor isn't obligated to assume the ordinarily delay in the payment of the periodic rents by the tenant.
With the Covid-19 pandemic, the allegations of the rebus sic stantibus clause, which consists of the sudden and unpredictable alteration of circumstances, have multiplied.
Finally, in the service lease contracts, we find a good example that the contracts cannot go against the law in the claim brought by our office in a case of malfunction of the alarm service contracted by a client with a security company.