Terms of Contract
The law on General Conditions of contract was adopted with the intention of establishing measures in order to protect costumers from potential abuses in recruitment by professionals.
By Ministerial Order December 3 1999 a Royal Decree was implemented to create Registration of Terms and Conditions of Public Procurement. One of the main objectives is to ensure that companies do not include unfair terms in contracts.
Costumers can know through this register wich type of clauses are null.Companies Terms and Conditions are included in this record, so every single person can have access to them. This means more transparency in system, and it is part of the process to end unfair terms for companies in this register.
On the other side, in any clause has been void by judge, this register will publish the judgement and will allow access for everyone who request it. Thanks to this publication, a single judgement can help to resolve a number of claims. In adition, to guarantee this judgement is available for all the costumers and companies, it will be also published in Official State Gazette and one newspaper.
Summarizing, if you have found unfair terms in the contract while buying a property, you can go to this register to check if that term has been declared void by means of judgement. If so, and according to the law, you will be able to claim through consumers´associations, proffesionals or contractors in order to refuse the contract by judgement.
If you consider that the contract which has been signed includes abusive clauses, you must contact Registration of General Conditions of Recruitment. To ensure consumers access to that information, there will be an office on each main city in provinces. Also there is a Central Register to coordinate all activities.