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The TS confirms that the mortgage appraisal expenses must be assumed by the banks


The Supreme Court has declared that the mortgage appraisal costs are 100% incumbent on the bank and in no case on the consumer.

The decision was made this Thursday in a new plenary session, where the economic effects of the declaration of invalidity of the expense clause of mortgage loans. With the sentence, all the consequences of the nullity of the case are resolved by the Civil Chamber. the clauses of mortgage formalization expenses that, on many occasions, they impose on consumers.

Therefore, the High Court establishes a new doctrine that it will prevent consumers from having to pay exorbitant amounts. Likewise, it declares 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.

In this sense, the only expense borne by consumers is the Tax on Documented Legal Acts (IAJD), since the tax rules indicate that the main taxable person is the borrower. To establish these guidelines, the Supreme Court has been based on the analysis of a cassation appeal regarding an appeal sentence of the Provincial Court of Cáceres in a case involving Liberbank.

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