Can the sale of a property with less area than stipulated, paid through a bank loan, be considered a continuous fraud in Spain?

Question from Roberto, Can the sale of a property with less area than stipulated, paid through a bank loan, be considered a continuous fraud in Spain?

Answer from AI:

In Spain, the sale of a property with less area than stipulated can indeed be considered a form of fraud, specifically, a type of contractual fraud. This is covered under the Spanish Civil Code, which states that any deceit or misrepresentation that leads to an unfair advantage can be considered fraud.

Contractual Fraud

According to Article 1261 of the Spanish Civil Code, for a contract to be valid, it must have a clear object and cause. If the seller knowingly misrepresents the size of the property, it could be considered a fraudulent act.

Continuous Fraud

As for whether this could be considered a continuous or ongoing fraud, it would depend on the specific circumstances. In general, continuous fraud refers to a situation where fraudulent actions are repeated over time. If the seller continues to misrepresent the property’s size even after the initial sale, for example, by providing false information to the bank for the loan payments, it could potentially be considered continuous fraud.

Legal Recourse

If you find yourself in this situation, there are several steps you can take:

• Consult with a legal professional: This is a complex issue that requires expert advice. A lawyer can help you understand your options and guide you through the process.
• Report the issue: If you believe you have been a victim of fraud, you should report it to the police and your bank. They can investigate the matter and potentially take action against the seller.
• Legal action: You may be able to take legal action against the seller for breach of contract or fraud. This could result in the contract being voided, or you could receive compensation for your losses.

Remember, this information is general in nature and may not apply to your specific situation. Always consult with a legal professional for personalized advice.