Hidden defects in the purchase of second-hand properties are one of the most common claims when, after signing, serious damp appears, structural issues emerge or major installation failures arise that were not detected during viewings. The law protects the buyer, but it does not turn an old home into a new one. A claim succeeds when the defect is truly…
The unilateral and early termination of a commercial lease raises recurring questions: whether the tenant can leave before the agreed term, whether the landlord can claim all rent to the end, and how to calculate loss of profit. Below we explain, in practical terms, what happens in these scenarios, what the law allows, and how to prevent disputes with a…
Horizontal Property Law: common expenses, retroactivity and payment obligation The publication of a recent ruling on retroactivity in the obligation to pay common expenses owed by a third party once again brings to the forefront the wording of the Horizontal Property Law (LPH). This regulation, essential in the governance of homeowner communities, clearly establishes the financial obligations of the purchaser…
Limitations on the tourist use of properties In recent years, there has been a growing trend to establish limitations on property owners’ freedom to use their homes for tourism purposes without proper control. This issue has sparked significant debate due to the negative impacts this activity can have on various areas. Firstly, the effects on the residential rental market are…
Tenant Protection during Renovations and Repairs Living in a rental property over an extended period often involves dealing with issues related to the property’s maintenance or the need for repairs and improvements. It is important for both the owner and the tenant to understand their respective legal obligations regarding the upkeep and maintenance of the property to ensure a harmonious…
Shared Custody: What Is It and How Does It Work? Shared custody is one of the most common and desired solutions in cases of separation or divorce involving minor children. This arrangement seeks to balance the responsibility and time both parents dedicate to their children’s care, ensuring that the children maintain a close relationship with both parents. In Alicante, and…
Construction defects in a new home After the delivery of a new home, the buyer may encounter issues due to the appearance of defects or flaws that were not previously visible. Prior to the signing of the deed, it is customary for the buyer to check the condition of the home and ensure that it has been completed according to…
The article we present below relates to a case that recently came to our office and, frankly, reflects a situation we never thought could occur. Typically, real estate sales that involve a different reality from what is reflected in the Land Registry or result from illegal urban planning actions are relatively common for the former and very common for the…
URBAN LEASING PROBLEMS We are starting a new space that we are going to dedicate on our page to the problems that commonly arise in the application of the Urban Leases Law, focusing especially on those that have a greater number of cases in the Courts and Tribunals. No one is aware that, being one of the most widely applied…
HOW TO CLAIM DAMAGES FOR DEFECTS IN NEW HOME CONSTRUCTION The delivery of a newly constructed home often presents specific issues that can manifest as defects in finishing elements or more severe damages or hidden defects. It is common for the buyer to follow up on the home before the deed is signed. Days before taking possession, the buyer checks…
