Property Dispute

RDT Abogados are a fully qualified firm of Spanish Lawyers who can offer assistance for our clients with our comprehensive property dispute services in Spain.

What kind of property disputes can our Lawyers help you with?

Literally, all sorts.

For instance, you may be the owner of a rental property in Spain and are experiencing difficulty with your tenants.

RDT Abogados have extensive experience in dealing with property disputes and property related mediation.

Also, disputes between spouses or divorced couples, or even within the family when several siblings inherit a property in equal proportions and one or some of them prefer to sell and the others don´t.

The possibilities could be literally infinite, but RDT has significant experience in dealing with a vast array of possible legal scenarios.

Can you assist in cases of frustrated off-plan purchases?

Yes, and unfortunately off-plan property disputes are a very common situation.

For instance, you may have entered into an off-plan contract and following the payment of the initial instalments, the builder, for whatever reason, has not deliver the finished property.

In this case you have an action not only against the developer, but also against their bank, as these entities must keep the funds that have been advanced by buyers separate and protected by a bank guarantee.

Is there any other possible scenario?

Yes, there are many possible examples.

For instance, you may have purchased a new build property and find yourself in dispute with the developer – There are many ways in which the developer can be in breach of contract, the most common being delays in construction, alteration to the finish of the property of an increase in the build cost.

These issues are often resolved through negotiation and therefore avoid the need for Court action.

How can I enter in to a dispute from the UK?

RDT has a system in place that allows clients to enter in to a dispute in Spain (or contest a claim they´ve received) from the UK, i.e. without having to travel to Spain.

The client has only to grant power of attorney to our solicitors in Spain and they will do the work on the ground, in any Court or location in Spain.

Although we work very effectively over the phone and via email we also meet clients in our London office to collect any information or documentation in person, to review documents or to give general advice.

We are happy to meet clients at any point in the process and always ensure updates are provided.

How does the power of attorney you mention work?

The Courts in Spain are very strict and require a formal document (Power of Attorney) so they know for certain that the party engaged in a Process has authorized a solicitor or Law Firm to act on their behalf.

A power of attorney is an authorisation made before a public Notary (or UK solicitor sworn as a Notary).

The proxy or authorised party can then submit documents and receive citations on behalf of the power granter.

And is it valid to be used abroad?

Yes, once the Power of Attorney is granted it should be sent to the Foreign and Commonwealth Office to have the seal (apostille) affixed giving full validity in more than 150 countries (those countries who signed the La Hague convention).

I prefer to try and resolve the situation amicably before entering in a Court dispute. Can you do this for me?

Yes, actually we do always contact the counterpart and try to reach an amicable solution to the matter under dispute.

Most issues can be resolved by negotiation and, as a last resort, Court action is initiated.

We must stress that we always communicate with our clients at every step so they are fully aware of the progress, options and possible outcomes of the case, they are then able to take appropriate decisions.

Contact us now for a no-obligation consultation to find out how we can help you with your property dispute in Spain.

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