Real Estate Sales Through the Figure of Remate Assignment In recent years, a new type of sale has emerged in the real estate sector, gaining popularity, particularly in large transactions involving assets acquired by investment funds. This method is known as remate assignment and is being utilized by companies managing real estate assets bought from banks, which are looking to…
Legal Easements for Public Utility Easements are real rights that benefit a holder, the owner of a real estate property or land, allowing them to use or benefit from a neighboring property. They constitute a genuine limitation on the property rights of the neighboring owner and are regulated in Article 530 of the Civil Code. Legal Easements Between Private Parties…
Developer’s Misconduct in Property Sales We decided to write this article due to a negative experience we recently had with a developer in Torrevieja, Alicante. This company, which is actively building in the area, made it impossible to close a sale on behalf of a Norwegian client. This client was interested in purchasing a property for €365,000. When the client…
POSSESSION AS OWNER AS A MEANS OF ACQUIRING PROPERTY Although it may seem strange that today there could be real estate properties that remain outside the dispositional sphere of a person for many years, it is true. There are many cases where the transfer of ownership of a property has not been properly handled, and eventually, the possessor who believes…
Common conflicts in the return of rental deposits At the end of a rental contract, the landlord is legally required to return the deposit received at the beginning of the agreement. This deposit is typically used to cover any damages to the property or outstanding expenses. Although this process should be straightforward and automatic, it can often become very complicated.…
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…
Legal aspects of buying rustic properties in Spain The purchase of a property in Spain always requires special precautions for those who are not natives of the country, the first of which is to have independent legal advice. If we add to this that there is legislation on land in Spain, which is enforced by the Town Halls who must…
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…
CLINICAL CLAIM. DAMAGES FROM TATTOO REMOVAL. Among the responsibilities arising from healthcare assistance, we find the contractual liability of those who, through a dermoesthetic or Aesthetic Medicine clinic, commit to delivering a promised result. We are talking about what is known as satisfactory healthcare. Unlike curative healthcare, we find satisfactory healthcare. VOLUNTARY OR SATISFACTORY MEDICINE VERSUS NECESSARY MEDICINE. The difference…
The Arras Contract: Essential Aspects In current real estate transactions for the purchase of built housing, whether new or second-hand, this document has completely replaced the private purchase contract. The arras or deposit provided for in Article 1454 of the Civil Code has traditionally been a preliminary document that operated as a reservation document. Without specifying major features of the…
