One of the biggest concerns a buyer of a new home may have is the risk that damage may appear on it after a while and not having the security of protection when the people who intervened in the construction may have disappeared. Precisely as a result of the doctrine of the Supreme Court and of the legislator’s protection to…
The Provincial Court No. 9 of Alicante based in Elche has passed a judgment in favour of real estate lawyers Carlos Baño León in their claim filed, where several clients of English nationality were defended in their purpose of claiming an administrator of an important valencian real estate agency base in Orihuela and with many residential areas built in Torrevieja,…
The legal claim by homebuyers for the return of advanced payments has been a limitation in cases of claims made by buyers of tourist apartments. It has been considered that the buyer of a tourist apartment was a speculator or investor rather than a buyer of a dwelling for residential use; hence he was not considered a consumer and therefore…
Until today in Spain it wasn’t usual to obtain a compensation for having been on pretrial detention despite having obtained an acquittal in a trial. In these cases, the Law only recognized this right to be compensated in the event that an acquittal had been obtained for proving the innocence of the person, that is, after being proved that the crime…
Hidden Defects in Property Purchase What happens if, after acquiring a property, significant defects are discovered that, if known earlier, would have led you to avoid the purchase or negotiate a substantial price reduction? These are known as hidden defects. These are significant defects, not merely finishing flaws It is not uncommon for hidden defects to appear within six months…
This is one of the most frequently asked questions by property owners since it is an issue for them; the fact of facing this inappropiate situation, in which a tenant owes him rent and also the landlord is required to go to court and bear some costs that although he may later recover for now he must advance them. The current…
Can the demolition of a residential area of 52 houses be produced in Spain? This question has an easy answer and is that as we have said in several articles, the buyer has to be very careful when buying the property in Spain and he must to understand that he should use services of lawyers independent of the developer and…
Common Property Division Co-ownership or condominium, as a situation where multiple people share ownership of a real estate property, is regulated in our Civil Code with key provisions. This general regulation does not exclude other specific ones, such as those provided in the Horizontal Property Law, which addresses situations like homeowners’ associations in buildings. Typically, the origin of this shared…
The Court of Justice of the European Union (CJEU) rejects the Spanish fines for those who do not declare the cash that they take out across the border. The sanctions of Spain for this practice can reach double the amount that has not been declared before the customs authorities. The ruling, issued yesterday, emphasizes that “Spanish legislation is disproportionate, since…
The first Instance Court No. 3 of Denia has ruled in favour of a Buyer who in 2016 had purchased a house in Benissa and after less tan a year he found very serious damages that affected not only the façade and walls, but also the foundation of the house, which implied a risk of collapse. The buyers had visited…
