MORTGAGES LOAN AND SALE OF HOMES: THE LINKED CONTRACT

Abstract

This paper analyzes the possibility of establishing a contractual linked between the sale of a house and the mortgage loan applied for its funding. In Spain, there is still no legal standard to establish this link. Instead, it be related to the financing of personal properties and the services. A buyer who purchases a product through funding must be in the same situation as the acquirer in installments. This paper analyzes the different articles, scattered in the Spanish legal system, about the contractual relationship. Are treated, too, the different clauses in home purchase and mortgage loans. The purpose is to test the feasibility of a contractual relationship theory between these contracts and their consequences. If so, should be considered that the legislator approve any express provision, as already exists in other areas.