March 5, 2021

The bank will have to pay the appraisal expenses on the mortgages prior to the 2019 law


MADRID

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Banks will have to pay 100% of the appraisal expenses on mortgages signed before the entry into force of the Real Estate Credit Law of 2019. This has been established by the Supreme court in a ruling notified today, which represents a new setback for financial institutions in the ongoing legal battle that they have maintained these years at the expense of housing loans.

“The Supreme Court decides that the appraisal expenses, when Law 5/2019, of March 15, regulating real estate credit contracts, is not the responsibility of the bank and not the consumer,” the High Court points out in a note . Thus, he also recalls that «this doctrine supposes that consumers have the right to reimbursement of all expenses paid for property registration, management and appraisal, as well as half of the notarial expenses “. And he adds that only the Tax on Documented Legal Acts (AJD) is borne by the client in mortgages prior to the new law.

This ruling only affects loans signed before that 2019 rule since the Real Estate Credit Law approved a little less than two years ago does establish that the appraisal has to be paid by the borrower, that is, the consumer.

In this way, the High Court establishes a new doctrine that states that clients have the right to reimbursement of all expenses paid for property registration, management and appraisal, as well as half of the notarial expenses. And this means that, with this recently known sentence, the mortgaged ones will be able to claim from their entity the restitution of all these expenses, to which the appraisal has now also been added. To make this decision, the Supreme Court has had as a basis for analysis an appeal for cassation regarding an appeal sentence of the Provincial Court of Cáceres in a case involving Liberbank.

«This is important news for those mortgaged with loans signed before June 2019. It is the bank that must face 100% of the appraisal expense on all loans prior to the current Real Estate Credit Law (in force since June 1, 2019 “, clarifies the co-founder of reclamador.es, Almudena Velázquez. A ruling that is preceded by several judgments, in lower courts, which had already been pronounced in this regard. We will continue to fight so that all courts offer those affected by this abusive clause 100% of the appraisal, registration and notary costs, as well as 50% of the notarial costs, “he adds.

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