PURCHASE NULL AND VOID IN SPAIN
When a family “sale” is not what it seems
Dear clients and readers,
Today’s post is about the importance of seeking legal advice before considering selling or donating your property. This is a real case: For many years, Mrs M. believed she was the owner of the property her parents “sold” her back in the 1990s. There was a notarised title deed, a usufruct reservation (right to live at the property), and her parents’ consent. But something essential was missing: she never paid any price. Decades later, her siblings challenged the deed, and the court declared the sale null and void on the grounds of absolute simulation, applying a doctrine of the Supreme Court that has marked a turning point in Spanish civil law.
⚖️ The key doctrine: Judgment STS 1394/2007 (Supreme Court)
In this ruling, the Supreme Court analysed a very similar situation: parents had simulated a sale in favour of their daughter, without a real price, actually concealing a donation. The Supreme Court declared that:
‘A completely simulated public deed of sale does not meet the requirements of Article 633 of the Civil Code, as the concealed donation transaction that is discovered does not meet those requirements for its validity and effectiveness.’
Since then, this doctrine — now fully established — has established that:
✅ There can be no ‘valid donation’ concealed under a sale.
✅ The contract is null and void if there is no real price.
✅ And the property remains in the donor’s estate, becoming part of the inheritance if they have died.
⚖️ A landmark Supreme Court judgment. Why is this ruling so important?
Because it:
1. Protects the legitimate rights of heirs against covert inequalities.
2. Prevents fraud against creditors or third parties.
3. And reinforces legal certainty in family transfers.
In fact, today, more than fifteen years later, the courts continue to apply it firmly, as in the recent ruling that annuls Maria’s sale. Although every family case is different, but the principle is always the same: appearance cannot replace the real cause or the reality of the contract.
HOW TO CONTACT US FOR FURTHER SPECIFIC ADVICE?
We hope you find this information useful. Remember that this is not intended to be specific legal advice, just a general overview. As independent lawyers, we can help you both by assisting you with all conveyancing and inheritance issues, as well as carrying out a comprehensive background legal analysis on your consultation or problem, if required.
Should you be interested in receiving more specific information or simply get an independent 2º opinion, (either about this particular subject or any other), you can contact our firm in several ways:
1. Call us or preferably send us a WhatsApp now to (0034) 687 88 88 73.
2. You can also use our e-mail form at the top of the sidebar of your screen, or alternatively, you can send us an email to info@bestsolicitorsinspain.com
Our commitment we’ll respond to your e-mail inquiry in less than 24 hours.
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Finally, thank you very much for your attention, and in case you might have any questions or doubts at all, again, please do not hesitate to contact us. We would like to stress the point that you will be in good hands, and you can be reassured that we will look after your interests in the most committed and professional way.
We look forward to helping you and the benefit of our “know-how”.
Kindest regards.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor. BZN LEX INTERNATIONAL LAWYER
