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It is considered null and void any clause against good faith and fair balance between the rights and obligations of the professional and the consumer.

In any case, the following, among others, are null and void as abusive clauses (included in the European Guide of Consumer):

- Exclude the liability of the professional regarding physical damages or the death of the consumer, as a consequence of the contractual relationship.
- Limit, in case of faulty or non compliance, both total and partially, the liability of the professional.
- Commit the consumer in a definitive way and not the professional.
- Allow the professional to retain a percentage of the advanced amounts, in the case of a resignation of the consumer to the contract or its execution, without establishing a similar amount for the inverse case.
- Establish a disproportionate penalty or compensation clause because of non-compliance of the consumer.
- Allow the professional to unilaterally cancel the contract, without the correlative right of the consumer, or to the withholding of amounts without the effectiveness of the service.
- Authorise the finalisation and extinction of contracts of a defined length, without a reasonably advanced notice.
- Allows an automatic extension, without the consent of the consumer, in the long length contract.
- Include an inalienable adhesion to clauses that the consumer has not been able to know of its real significance, without any previous notice.
- Permit the unilateral change by the professional of the terms of the contract, of the service or of the delivery of the good.
- Allows the unilateral rising of the price or its setting in the moment of the delivery of the good of service.
- Keep for the professional the exclusive reservation to consider the compliance or not compliance of the contract or its interpretation.
- Allow the avoidance by the professional of the responsibilities of his brokers or to subordinate it to special conditions.
- Allow the professional to ask for the compliance of the consumer without a correlative compliance of the professional.
- Allow the professional to transfer the contract., with a loss of guarantees for the consumer, without the permission of the consumer
- Allow the professional to suppress or to hinder the acting of judicial actions or appeals, with the submission to a no legally regulated arbitration system.
- Permit to pass the burden of the evidence onto the consumer. To put the consumer into the duty of proving the compliance or not compliance.
Documento Informativo Abreviado. Brief Informative Document (DIA)

This document, that can be demanded since February 7th 2006 to every developer, real estate agent and renter of houses within the Andalusian Autonomous Community, must gather thoroughly all the data of the house and the financial conditions of the supply. More precisely, it must include all the information about the broker, the project technician or the building firm, the stage of the work execution, the drafts of the house and its locations, its total floor area, the quality of the materials and the description of services, together with the sale price and the method of payment. It will also have information about the possible loans and encumbrances over and, depending on the kind of sale; it will also contain some other legal data such as the Works License the house or the Registration Data in the Land Registry. On the other hand, the consumer will be informed that he can ask for an informative note about the method of payment with all the financial conditions, including those regarding the mortgage offer that is being proposed and the interest rates which are applicable in case of postponement of the payment. Once a sales agreement is reached, the firm will send to the buyer, at least three work days before the signing of the contract, all the documents mentioned in the DIA (Brief Informative Document), as well as the insurances and licenses of the house. When renting, the document will include the following data: identification of renter and broker, description of the house and the services included, total floor area, financial conditions and an inventory of furniture and belongings. The Decree also contains the requirements of information for the sale of second-hand houses, a field that have been shortly regulated till now. It is obligated to give to the client an informative note about the basic data among which it is necessary to mention: the address of the house, the description both of the house and the building, the year of construction, the price, the expenses involved an the method of payment, together with the references to the Registry Land informative note (owner, total floor area and loans). Same way, the seller needs to mention that he has a certificate of being current with the IBI payments together with some other data that may be communicated to the prospective buyer. It must be also mentioned in the note, with highlighted letters, if the buyer is linked to the Sales Agent during a specific time, meanwhile the sales are managed. Finally, regarding publicity, the regulations states that the data and conditions mentioned in supplies and promotions are binding, so that the consumer can demand its observance even though they are not explicitly expressed in the sales or renting contract. The publicity must specify the location of the house, its description and its total floor area, the stage of construction and the developer’s data, it also needs to inform about the consumers right to be given a DIA. If a price of sales or renting is mentioned, the expenses involved will be included (taxes or community) and in case some amounts in advance are required, it will be indicated that they will be endorsed or guaranteed by a Bank. In the Fines chapter, and depending on the level of seriousness, the Decree establishes fines between 200 euros and 400.000 euros for infringements against the provisions mentioned in the legal text. The lack of information in the field of sales and renting of houses is the forth case of claiming of andalusian citizens within the service sector. Between January and September 2005, the Consumers Services of Junta de Andalucía (Andalusian Government) registered a number of 998 claims, a 29% less than the year before.