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What it is

Bill to ban sellers taking back sold property

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 9 December 2014. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill to amend the Civil Code, regarding the suppression of the conventional right of first refusal in sales contracts.

Source: Congreso de los Diputados, file 122/000180· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would declare void any sale contract that includes a conventional right of repurchase (Retracto convencional A clause reserving the seller's right to take back the sold item by repaying the buyer the price and some costs.), the clause allowing the seller to take back the sold item by returning the price and certain costs.
  2. It would repeal Articles 1508 to 1520 of the Civil Code, which currently regulate this repurchase clause, plus any conflicting rules.
  3. If passed, the law would take effect on the day it is published in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • People in financial hardship who sell their home: They could no longer be trapped by repurchase contracts that, according to the text, hide abusive loans and end in eviction.
  • Buyers and sellers of property: They could not include clauses letting the seller take back the sold item, because such clauses would be void.
  • Private lenders who use these contracts: They would lose the legal cover of the repurchase clause, which the text says they use to hide loans with abusive interest.

Words worth knowing

Retracto convencional
A clause reserving the seller's right to take back the sold item by repaying the buyer the price and some costs.
Venta con pacto de retro
A sale contract that includes this repurchase clause; also called 'a carta de gracia'.
Pacto comisorio
A clause letting the seller keep what was delivered if the buyer fails to pay; courts have used it to void sales hiding abusive loans.
Usura
Usury: a loan with abusive conditions or excessive interest, banned by law.
Derogar
To repeal, that is, to make a rule or part of it no longer valid.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced9 December 2014Someone registers the text in the Congreso.
  2. Admitted16 December 2014The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2014Mar 2015Jun 2015Sept 201511. 9 December 2014: Presentación22. 16 December 2014: Boletín Oficial de las Cortes Generales Publicación desde 16/12/2014 hasta 22/12/201433. 16 December 2014: Calificación44. 22 December 2014: Gobierno Contestación desde 22/12/2014 hasta 03/03/201555. 3 March 2015: Pleno Toma en consideración desde 03/03/2015 hasta 27/10/201566. 27 October 2015: Concluido - (Caducado) desde 27/10/2015 hasta 20/11/2015

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.