Part 1: FAQ's about sign contracts

24 | 02 | 20
| Feliu Brand

1. Do I have to read the whole contract? Can I ask any questions about it?

You should always read every contract carefully: once signed, it carries legal obligations.
Obviously you should ask any questions you may have. We remind you that every expert has to make sure that what is signed is perfectly understood by the parts. 

2. Is it enough to sign the contract on the first page only?

No. All parts must sign all the pages. Moreover we recommend you to check  the contract without any changes compared with what was agreed.

3. Should I keep a copy of the contract?

Yes, both tenant(s) and owner(s) must be able to read it freely after signing.

4. What is the best way to make a verbal or written contract?

A written contract is better: 'Verba volant scripta manent' -spoken words 'fly' while the written ones remain-.

Can I be forced to sign something against my will?

Never, it would be a coertion crime. 

6. Who cannot sign a contract?

Persons: legally incompetent, under age, who do not meet any requirements required in the document for the contracted product. In our case, the rent, for example, a co-tenant without the correct supporting documentation.

7. Should all parties attend the signing, and what if someone can't?

It is the right thing in order to avoid misunderstandings. In the case that someone is unable to attend the signing, they can go ahead, 'as a co-tenant can sign on behalf of others (in addition to himself/herself). If there is no document proving representation, only the signatory will be a tenant - therefore that will be responsible-. If there are several tenants it is very advisable to determine (...) if they are liable to the landlord for the total debts or only for their share as co-tenants. It is advisable to demand joint and several liability. '

8. Can a contract be signed electronically?  

It is legal, but both parts must agree. However, we at Finques Feliu and Sepin Editorial are against it. The reason is simple: imagine that you sign the document without coercion...then the other part -who has the contract in its possession- introduces a clause without your knowledge and signs. Once you have both signatures, how do you prove that you did not know that clause before? Unfortunately, bad faith exists.

In one week we will discribe what requirements we ask you to formalize rental contracts with us.