Andorra Court Voids Property Sale Contract, Denies Buyer's Double Deposit Claim

**Andorra's Tribunal Superior Rejects Buyer's Claim for Double Deposit in Invalid Property Sale**

Andorra's Tribunal Superior has dismissed an appeal by a buyer seeking double the €79,900 deposit paid in a failed property deal for two units in Pleta del Tarter, ruling the sales contract void due to the real estate agency's lack of the seller's consent.

The dispute dates back to 30 March 2022, when the buyer signed the contract through an agency for properties valued at €799,000 overall. The buyer handed over the deposit as penitential earnest money, expecting the deal to proceed to public deed. The seller failed to appear at the notary, prompting the buyer to sue for €159,800—the double amount under the contract's penalty clause for withdrawal.

The Batllia court rejected the initial claim, and the civil chamber of the Tribunal Superior upheld that decision on appeal. Judges found the agency exceeded its mandate: the seller had authorized viewings and given a sales mandate but sent an addendum before signing demanding an extra €23,045 beyond the base price. An email from the agency on 28 March sought explicit confirmation and an exclusive sales mandate, which never arrived. The agency signed anyway on 30 March without incorporating the supplement or full approval.

"The agency exceeded the limits of the mandate, failing to follow the client's wishes or his express request for confirmation," the ruling stated. Without valid consent, the contract was null from the outset, producing no effects, including the penalty clause. The buyer, whose deposit was returned by the agency upon the seller's refusal to ratify, has no further claim.

Family Faces Eviction in Massana Over Verbal Rental Dispute

A family in Massana, including two young children and a dog, awaits a Batllia court ruling on an eviction bid after nearly a year of conflict with their landlord, centered on a disputed verbal rental agreement lacking a formal written contract.

The troubles began in June 2025 following the family's move-in, arranged verbally via an agency for around €1,750 monthly—covering rent, utilities, and parking—plus a deposit later consigned to court and a month's agency reservation fee. Tenants say essentials like pet allowance were agreed. Tensions rose over storage use, with the family reporting threats of legal action and police involvement, leading them to change the door lock for safety. "We have two small children and didn't know what might happen," they explained.

The landlord denies any rental contract existed, calling the entry unauthorized and the lock change irregular. He views payments as compensation for damages, not rent. A prior case was dismissed on formal grounds, prolonging uncertainty despite ongoing payments via court. Both sides presented opposing accounts at the oral hearing, debating verbal agreements' validity under Andorran law, which recognizes them but requires proof of consent and terms.

The landlord claims good faith, saying he offered a written contract matching verbal terms after reform work, reduced from €1,975 to €1,750 considering the family's situation, and provided flexible payments. Tenants rejected it over his demand they cover €10,000 in his legal fees, deemed unaffordable. He alleges later demands for a further cut to €1,500 and storage issues escalated matters before move-in.

Tenants Anxious as Fener Building Sale Progresses

Current tenants at 16 Avinguda del Fener in Escaldes-Engordany express concern over a pending sale to local investors led by an Andorran real estate agent, who insists the process will comply fully with housing laws.

The agent, backed by Andorran funders, described a preliminary agreement with the Tudel family that requires completing horizontal division and paperwork—potentially by June, plus two to three more months for deeds. Some apartments are renovated, others not, affecting values as buyers are sought.

He offered to address a recent tenant meeting but demurred as "not yet anybody" formally. "We're not sharks and will respect housing laws," he said repeatedly, stressing nothing improper occurred. Under law, buyers for personal use must give six months' notice post-five-year leases, likely met for most long-term rentals. Not all buyers plan to occupy; some invest, and tenants may have had purchase options. Outcomes remain unclear until finalization, leaving renters anxious amid the limbo.