“YOUR LAWYERS IN SPAIN”
WE DEFEND WHAT MATTERS MOST TO YOU
WE OFFER “NO WIN NO FEE” OPTION
We cover any type of legal claim that may arise in a Spanish territory, including the Canary and Balearic Islands.
Whether residing in Spain as owner of one or more properties, or simply visiting or on vacation, you may find yourself in a situation that requires exercising your legal rights, and subsequent claim according to the corresponding law.
Our Law Firm can advise you on any legal matter, from civil, criminal, commercial and administrative procedures, to international matters involving several countries and jurisdictions. We specialise in international clients, both individuals and corporations.
Timeshare contracts, very popular in Spain and in other countries, have traditionally been the subject of controversy due to the lack of transparency regarding the content of the contracts and the rights that consumers are able to exercise; also, they tend to be linked to aggressive sales techniques and there are dubious legalities carried out by some “Timeshare” companies.
The biggest problem our clients face is being tied to contracts for an indefinite duration or more than 50 years, which forces them and their families to continue paying maintenance fees for a long time; and then also despite paying these fees, not being able to enjoy the Resort or the purchased weeks, because they are under the "floating weeks" system, and they cannot choose the period of the year with their families to travel to Spain, because the high occupancy of these Resorts prevents it (for example in summer, children's school holidays, Christmas, Easter, etc.). In addition, Timeshare companies were obliged by law not to receive money from clients during the withdrawal or termination period of the contract (14 days and 3 months respectively), and practically none of the resorts complied with this point.
Following a decision from the Spanish Supreme Court in 2015, all contracts that are in any of the three situations mentioned above (only one of them would suffice), can be declared null and void (cancelled as though it had never existed), the clients that we represent can therefore claim the full amount paid (discounting the years for “consumed stays”) and if they paid that amount of the contract (which is the majority of cases) during the first 3 months, they can also claim double of what they originally paid, because under regulations in Spain, it is considered a civil penalty (as evolved from the European Directives).
We have extensive experience for this legal product, acting on behalf of thousands of clients.
We have a highly qualified team, expert in complex matters related to claims against Banking and Financial Entities (supported by Jurisprudence from the Supreme Courts).
The main legal products that we most commonly claim against the banks are:
- Deposits made by our clients years ago for properties under construction ("off plan") (Law 57/68), which were not finally notarised due to insolvency, bankruptcy or insolvency of the Promoters, or due to delay in delivery by the seller
- “Floor Clauses”
- Revolving cards
- Other similar Products which can be taken in consideration as void or illegal
We have in our team a Lawyer (Francisco García Cerrillo) who on 26th April 2016, together with 4 other Spanish Lawyers, went to the Courts in Luxembourg to defend the retroactivity of the returns from mortgage floor clauses, obtaining a successful judgment on behalf of Spanish consumers (21st December 2016), which completely changed the landscape of banking law and the possibility of claiming in Spain
We have represented more than 700 clients against banking and financial entities with great success.
Our Firm has obtained extensive experience over the years, in legal claims against Promoters and Construction companies and any other Agent involved in the Construction Process (Architects, Technicians, Insurers, etc.) who have committed any type of negligence affecting the buyer/consumer (be it an individual or a community of owners); fundamentally related to construction defects, snags, incidents of all kinds, and hidden defects; or for having built without the appropriate licenses or appropriate administrative permits, directly affecting our clients who have invested their life savings in a property, and who in no way deserve to be treated like this by the Construction Agents involved in building your home.
We obtain large compensations against solvent Promoters / Builders, as well as against other Professionals and their Insurers who have intervened in the Construction that has affected our clients. Included in the amounts that we obtain, are both the value of repair for the defects, the Moral Damage (stress that buyers suffer from not having their home in good condition), and the corresponding legal interests.
We ‘re supported by excellent external collaborators such as Architects, Engineers, and Experts in general, who prepare objective and professional reports, to be able to accredit construction defects, and obtain compensation and indemnities that are adjusted to the Law, for our clients represented in the Courts.
These claims often involve not only the Promoters and Builders, but also their Insurance Companies.
We have successfully represented a large number of communities of owners, as well as private clients with the option of "no win no fee", that is to say that our clients do not have to pay the legal fees in advance, given they have already had enough with the constructive problems they have suffered.
Unfortunately, traffic incidents and accidents are frequent – far more common than we would like to see.
Faced with the physical and psychological damage that only medical and hospital treatment can resolve, as Lawyers we advise those affected by any accident, on how to obtain the best financial compensation against Insurers and opposing drivers.
We advise that no matter how slight the mishap or injury may seem after a traffic incident, that you visit a Medical Centre or Hospital as quickly as possible.
Undoubtedly one of the Firm's specialities, focused mainly on Real Estate Law. We have extensive experience in directing accusations against Promoters / Builders / Realtors / Intermediaries / Investors, etc. for alleged crimes of Real Estate Fraud, Concealment of Assets, etc.
Similarly, within the criminal environment, we defend the interests of business owners/entrepreneurs who are caught up in fraudulent situations caused by other companies, third parties, partners, etc., all with economic and criminal significance.
We have a specialised department in the area of Commercial and Corporate Law and offer comprehensive legal advice to companies on all matters that arise in the day-to-day activities.
Our experience in the international arena has encouraged many companies, especially from the European Union that want to operate in Spain, to request our services to form their company and begin their activity in our country.
We assist with the company formation, as well as in its growth, offering complete legal and fiscal advice.
We can advise our clients on any type of contract, and we accompany them in the execution of the same, whether it is a commercial contract between foreign and Spanish companies or between individuals, in modalities as varied as:
- Purchase and Selling
- Real Estate Investment
- Banking Law
- Acquisition of Assets, Goods or Services, etc.
Faced with the loss of a loved one, it is unfortunately not uncommon for clients to find themselves with a complicated legal situation, which also involves different cultures, countries or jurisdictions. We have extensive experience in completing inheritances of all kinds in Spain, with a large team of Notaries and Lawyers, especially in Europe, the United States and Latin America, with whom we coordinate to legalise the required documents in the country of origin of the deceased's family.
We provide tax advice planning, in order to reduce inheritance taxes within the current regulatory framework in accordance with the region where the assets are situated, as well as adhering to the deadlines set to avoid penalties, these being one of our main objectives in the interest of our clients.
It is important to consider arranging a Will Spain, so that our families can resolve the distribution of inherited assets, thus minimising the stress and complications at such a difficult time. For these reasons good legal and tax planning are required, which can only be achieved with good advice.
It is vitally important to formalise a Spanish will when you own any type of asset in Spain (Property, money, deposits, shares, etc.); giving specific consideration to the European Regulation on Succession No. 650/2012, which allows testators to choose between the availing legislation of their country of residence or the current legislation in force in their country of origin, when determining the law applicable to your succession.
Therefore, it is essential to have previously identified the beneficiaries to a will in Spain to ensure that the designated heirs can benefit from the wishes of the testator.
The process of acquiring a home in Spain is a very important decision, since it involves not only the purchase itself and respective payment of taxes, but can also entail a change in the lifestyle of the buyers, whether planning to permanently reside in Spain, or simply to enjoy holidays with family and / or friends.
We know that buyers use lawyers and sometimes notaries for advice when purchasing properties in their country of origin , all the more reason we advise them to do so in Spain as well.
Laws and culture in Spain can be very different from those of the buyers' country of origin, and as such it wouldn’t make sense to proceed with the purchase of a property without having the proper advice from a qualified lawyer. By taking the prudent approach, you avoid any type of risk or problem with the investment made in our country.
Following 24 years advising clients in property transactions, we realize the importance of helping our clients from the very outset, before they sign any document or pay any deposit that could legally commit them into a future real estate acquisition.
The buying and selling process of Buildings, Real Estate Assets, Commercial Premises, Housing Portfolios, etc. as an investment is similar to that described in the process of buying and selling homes by private clients.
However, the investor profile is different from that of a private client; and as such, the manner and the legal, financial and fiscal structure is completely different from that of the private client.
We offer the most advantageous legal structures for the investor so that they can optimise the value of their capital and the income earned from it. We offer a tailormade approach for each type of transaction.
If a foreign person wishes to stay in a Spanish territory for more than 90 days, they must go through the process of obtaining the corresponding residence permit, and it is prudent to have correct legal advice for it.
Our firm has extensive experience in immigration matters, offering personalised and individual legal advice for each of our clients based on their personal and family situation, and taking into account the main objective of their reason for moving to Spain.
Our main mission is to facilitate the applicant and their family the beginning of a new life in our country without any unpleasant surprises; we are available and on hand during each phase of the process, from the start of the procedures in their own country of origin through to their arrival in a Spanish territory, reviewing all the documentation of the file to ensure the process goes as quickly and smoothly as possible, in order to obtain a favourable outcome.
We can provide help and advice on an investment residency ("Golden Visa"), non-profit/lucrative residency, residency for work as an employee or self-employed and arranging the TIE (Foreigner Identification Card), student visas, roots, etc.
The process of obtaining Spanish Nationality involves arduous and long work with the Governing body, although once you have obtained Spanish citizenship you will be able to reside and work not only in Spain, but in any country of the European Union. Therefore, it is very important to have the best legal advice for its processing, given that there are different ways to obtain it (by origin, by option, by residence, etc.).
Our firm has lawyers specialised in this type of procedure who will carry out a detailed study of your case and will confirm which is the best way to obtain Nationality, according to your family and personal circumstances, ensuring an optimal result in the outcome of your case.