Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Buying a new off-plan home is an important decision that involves a long-term commitment. To protect buyers, consumer protection agencies and other authorities recommend a model purchase contract that ensures transparency and security.
Here is a summary of the most important points of this recommended contract:
What is this contract?
It is a legal document designed to regulate the purchase of a home under construction, with clear clauses protecting both buyer and seller, in line with the General Law for the Defense of Consumers and Users.
Key points:
- Parties: Developer/seller and buyer.
- Object: New home and its annexes (garage, storage room, etc.).
- Price and payments: Total price including VAT, initial payment, progress payments during construction, and final payment upon delivery.
- Guarantees: Bank guarantee or insurance to protect payments made before delivery.
- Deadlines: Maximum delivery date; delays may result in penalties or contract termination.
- Documentation: Plans, permits, quality specifications, insurance policies, and community rules.
- Mortgage subrogation: Buyer’s option to assume the seller’s mortgage loan or not.
- Rights and obligations: Rules regarding project modifications, payment defaults, expenses, and homeowners’ association.
- Protected housing: Specific rules for officially protected homes, such as restrictions on use and transfer.
- Jurisdiction: Disputes are resolved by courts in the location of the property.
This recommended model helps prevent abusive clauses and provides legal certainty in the purchase of new homes.
Request a PDF with the full recommended contract in English.
About CostaLuz Lawyers and María de Castro
You can read testimonials from hundreds of satisfied clients, going back to 2006, on our website, on Google Reviews and on EyeonSpain.
Reviewed by María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz. CostaLuz Lawyers has supported international buyers since 2006 on EyeonSpain with guidance and advice on the legal aspects of life in Spain. Included in the lawyers lists of the UK and Ireland embassies. Updated 22 Nov 2025.
María Luisa de Castro’s work, founder of CostaLuz Lawyers, is backed by a strong presence in specialist media and professional directories. Her track record as a Property Law and Consumer Real Estate Law (Derecho de Consumo Inmobiliario) specialist can be seen in her guides for international audiences on Expatra, in her long-running blogs on Spanish off-plan protection and Ley 57/1968 on EyeOnSpain , in her legal analysis for Confilegal and Legal Today, and in her contributions for the Spanish Bar Council (Consejo General de la Abogacía Española) and the Centre for Consumer Studies at the University of Castilla-La Mancha.
Her work is also profiled on international retirement and expat platforms such as Retirement Abroad, and has been highlighted by expat media including The Olive Press News Spain and The Local Spain among other specialist expat and legal forums.
Her legal work has also been featured or referenced in respected international and Spanish media, including The Telegraph, The Times, the BBC, El País and El País English, The Local Spain, The Olive Press and other reputable outlets, particularly in connection with landmark court rulings on Ley 57/1968 and Spanish consumer protection.
CostaLuz Lawyers is also included in the official lists of English-speaking legal professionals for British and Irish nationals in Spain, as compiled by the UK government’s “Spain: list of lawyers” and by the Embassy of Ireland in Spain and its honorary consular network.
For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.
Mortgage holder in Spain? Your mortgage may contain abusive clauses (floor clause, IRPH, excessive expenses, early maturity). CostaLuz offers a free mortgage review to check if you are entitled to a refund.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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