If you rented your property or commercial premises to a company or individual and the tenant is not paying the rent agreed in the contract, even if the tenant owes you just one month rent, you can take them to court and request the tenant eviction so they leave your property or commercial premises.

The eviction procedure can cover just the eviction to make the tenant leave the property or premises or it can also include the claim of the debt owed by the tenant.

If this is the first time the tenant is delayed with the rent, once you have sued him/her and the court has served him/her with the eviction claim, the tenant can pay all the amounts due and stop the case. If the tenant does that but some time after he/she stops paying the rent again, he/she will not have the option to pay the debt to the court and stop the eviction against him/her for the second time.

There was a recent Act reform and once the tenant is served with the eviction claim, if he/she does not contest the claim, the Court will directly fix the eviction date and there will not be a trial so the case will be finished fast and you will be able to get you property back very fast.

After sending the eviction claim to the Court, we will receive the Court acceptance with the trial date (that will be held just if the tenant contests the claim) and the eviction date when the tenant must leave the property. So you will be informed about all the dates by the time the claim is accepted by the court.

Our advice is to take legal action if the tenant owes you more than 2 months’ rent because our experience tells us that the tenant will not pay again and you will be wasting your time instead of renting the property to somebody that will pay for it.

  1. Hire a Spanish English-speaking Lawyer to protect your interests. If you hire a lawyer that you trust, you will have to forget about the following tips.
  2. Request your NIE number as soon as possible
  3. Open a bank account in Spain
  4. Request an information certificate “Nota Simple” to the Land Registry for the property you wish to purchase
  5. Read very carefully the purchase contract and especially check the completion term with the Notary, who pays the fees/taxes and if the agent included a commission
  6. Make sure to get all important information translated into your language. Many clients make mistakes because the documents are in Spanish and they regret it later
  7. If you are purchasing an off-plan property, make sure that the payments on account/deposits are guaranteed
  8. Make sure that the property is not rented and that there are not any tenants
  9. Ask from the seller the homeowner’s association certificate to make sure that there are no debts with them
  10. If you are purchasing an off-plan property, make sure that the property has the construction completion certificate and habitation permit. If the property is used, you will need to request the occupation permit.

Purchasing your new property in Spain will be much easier with our help. Contact us! Every consultation is free!

Según la reciente Jurisprudencia del Tribunal Supremo, éstos son los gastos que debe asumir la entidad prestamista como parte interesada:

  1. Gastos notariales: suele representar entre el 0,1% y el 0,5% de la responsabilidad hipotecaria. Podemos recuperar la mitad de esta partida.
  2. Gestoría: Suelen rondar aproximadamente los 400 euros. Podemos reclamar que nos devuelvan la mitad de lo pagado por este concepto.
  3. Gastos de Registro de la Propiedad: no suele superar el 0,2%. Tenemos derecho a recuperar todo lo abonado en costas de inscripción.
  4. Respecto a los gastos de tasación del inmueble, podríamos recuperarlos si ya disponíamos de una tasación en vigor y válida antes de pedir la hipoteca (efectuada por una sociedad homologada) y el banco la rechazó y nos obligó a contratar los servicios de otra agencia para tasar la vivienda de nuevo. En este apartado hay algo de contradicción por lo que podría variar la jurisprudencia en los meses próximos. Sin embargo a día de hoy no es posible reclamarlo si no se tenía otra tasación previa.

Todas las consultas son gratuitas por lo que si usted está interesado en reclamar el pago de estos gastos sólo tiene que llamar, enviar una consulta o un correo electrónico para estudiar la viabilidad del caso, y le daremos una respuesta.

Las reclamaciones de los préstamos bancarios basados en el índice IRPH sufrieron un duro revés cuando  el Tribunal Supremo se pronunció a favor de los bancos sobre el IRPH el 22 de noviembre de 2017 sin embargo no todo está perdido ya que estamos a la espera a una Sentencia del Tribunal Superior de Justicia Europeo (TJUE) que se reúne el próximo 25 de febrero de este año 2019.

Existe además un Informe de la Comisión Europea sobre IRPH a fecha del 19 de Septiembre 2018 que se posicionaba a favor de los clientes de IRPH exigiendo al banco los mismos requisitos que en el tema de las clausulas suelo y era que deberían haber entregado e informado antes de firmar el préstamo, sobre de la el funcionamiento del índice IRPH, su evolución a lo largo del tiempo, y una comparación con respecto a otros índices como por ejemplo el Euribor y como esto no lo hizo ningún banco va a pasar como con las clausulas suelo que serán todas nulas.

Por tanto son muchas las posibilidades para que en los próximos meses podamos tener una Sentencia favorable de Tribunal Superior de Justicia Europeo (TJUE) sobre esta cuestión y por tanto merece la pena empezar a plantear una posible demanda ya que de producirse una Sentencia favorable habrá un aluvión de reclamaciones y por tanto mucha demora en los Juzgados y Tribunales, por lo que reclamar los primeros tendrá su beneficio.

Los clientes afectados por el IRPH que quieran recuperar las cantidades pagadas de más deberán instar judicialmente la nulidad de la cláusula en la que se incluye como índice de referencia el IRPH. Además de la reintegración de las cantidades abonadas de más, conllevará la eliminación de dicha cláusula y la aplicación de un tipo pactado que lo sustituya que normalmente será el Euribor.

Los afectados por el IRPH podrán instar judicialmente la nulidad de la cláusula en la que se incluye como índice de referencia el IRPH que conllevará su eliminación y por lo tanto, la aplicación del tipo pactado que lo sustituya, así como la reintegración de las cantidades abonadas desde la constitución del préstamo hipotecario aplicando el índice de referencia establecido.

Por tanto la recomendación de este Despacho es comenzar a preparar la demanda porque una vez tengamos una sentencia favorable del Tribunal de Justicia de la Unión Europea podremos demandar con un 100% de posibilidades de éxito como en el caso de las clausulas suelo.

Como el éxito si tenemos una sentencia favorable del Tribunal de Justicia de la Unión Europea estará prácticamente garantizado por parte de este Despacho no se pedirá provisión de fondos para interponer la demanda pero además como el banco seguramente sea condenado en costas cobraremos directamente del banco recuperando usted íntegramente todo lo reclamado.

Si usted está interesado en demandar judicialmente la eliminación del IRPH, sólo tiene que llamar, enviar una consulta o un correo electrónico para estudiar la viabilidad del caso, y tal y como le hemos indicado preparar la demanda hasta que tengamos la Sentencia del Tribunal de Justicia de la Unión Europea. Si finalmente no tenemos Sentencia favorable no tendrá que pagar cantidad alguna por el estudio del caso.

According to recent precedents and case law from the Spanish Supreme Court, the credit company or bank as the interested party in the mortgage agreement has to be in charge of paying:

  1. Notary fees: the Notary fees for authorising a mortgage are between 0,1% and 0,5% of the mortgage liability. The mortgage liability is the mortgage amount plus calculation of interests due to arrears and also the legal fees in case the bank needs to enforce the mortgage agreement legally. According to the Supreme Court, we could claim 50% of these Notary fees for authorising the mortgage.
  2. Gestoría (administrative advisors): Their fees are 400 Euros approximately. We can claim 50% of these fees.
  3. Land Registry fees: these fees normally are not higher than the 0,2%. The client has the right to claim the fees paid for registering the mortgage against the property at the Land Registry.
  4. Regarding the fees the bank charges for the valuation of the property, we might be able to get them back if you already had a valuation (and done by an authorised company) before requesting the mortgage and if the bank rejected your valuation and forced you to get a new one. This might be the point more controversial and this might change in the future with new precedents. If you did not have a valuation for the property before the bank got the valuation, you cannot claim these expenses to the bank.

If you are interested in claiming the bank to pay you back these fees you just have to call us, send us an email or message through our contact form and we will study your case and advise you for free.

Claims against banks for IRPH index suffered a setback when the Spanish Supreme Court ruled about IRPH in favour of the banks on the 22nd November 2017.

However, the cause is not lost yet because we are expecting Judgement about it from the European Court of Justice and we just heard that the lawyer from the EU court gave his decision regarding IRPH and he is in favour of refunding the IRPH to the clients if the bank did not inform them about this mortgage index. This is just the lawyer advice and recommendation but the EU Court will give their decision in some months. The good news is that normally the EU Court follows the EU Court lawyer’s advice in 4 of 5 cases. But the EU court is independent and the lawyer’s advice is not binding to them.

So we need to keep waiting for the EU Court decision regarding IRPH but we have hope and high probabilities that we will be able to claim the IRPH to the banks.

In addition to the EU Court lawyer’s advice, there is a report published on 19th September 2018 about IRPH from the European Commission that was in favour of the clients. In the report, the Commission demanded the banks apply the same criteria as for the minimum interest clause (clausula suelo). This criterion was that they should have informed the client before signing the loan/mortgage about how this index IRPH works, its evolution in time and a comparison between other indexes such as Euribor. Unfortunately, the banks did not hear these demands and hopefully, this mortgage condition will be declared void as happened with minimum interest clause (clausula suelo).

We have many chances to have a Decision from the European Court of Justice in favour of the clients in the next months. Therefore, we should start considering taking action against the banks for IRPH because if there is a Decision from the European Court of Justice in favour of the clients, the Courts will have a flood of claims and they will end up collapsed, so being the first ones to claim will have its benefits.

The clients who have a mortgage who want to get back all the amounts paid due to IRPH index must send a claim to request to the Judge to make the clause about IRPH void. Apart from claiming the amounts paid for this, the clause will be taken off the mortgage and the index will be replaced for another index, Euribor usually.

Our advice is to start looking into it because once we have the Decision from the European Court of Justice we will be able to sue the bank with 100% chances to succeed as for minimum interest clause (clausula suelo) claims.

We have success guaranteed if we have the support of the European Court of Justice we so we will not ask for any advance of fees or retainer to send the claim to Court. In addition to that, the bank will probably be sentenced to pay for legal fees so we will directly get our fees from the bank and the client will receive all the amounts claimed in full.

If you are interested in claiming the bank to cancel the IRPH from the mortgage you just have to call us or send us an email and we will study your case for free. Then, in the event we get the Decision from the European Court of Justice in favour of the client, we will send the claim to court straightaway. If we get a Decision in favour of the bank, you will not have to pay anything to us for studying your case.

Are you inheriting a property in Spain? Or are you receiving gift property? The taxes to be paid are Successions/Gift tax and Capital Gains Tax (Plusvalía).

Successions Tax

When you inherit property after somebody dies.

When you are the beneficiary of a life insurance policy and the insured person dies.

Gift Tax

When somebody gives you his/her property while he/she is alive.

Who has to pay the tax? Where and when?

a) Mortis Causa (when somebody has passed away) The tax has to be paid by the heir getting the property. The heirs are named on the Will. If you are named on a Will but do not accept the inheritance, you do not have to pay the tax. If there is no Will, the heirs will have to be appointed by a Notary or Judge. Normally if there are children, they will be the heirs in the first place. The tax has to be paid where the deceased person had his/her domicile if he/she was a Spanish resident. If he/she was not a Spanish resident, the successions tax has to be paid where the property is located.

b) Life Insurance. The beneficiaries have to pay for the tax. The tax has to be paid where the deceased person had his/her domicile.

The term to pay the successions tax is of 6 months starting at the date of death. If the tax is not paid within the 6 months, you will have to pay a late fee.

c) Gift. The donee or person receiving the gift has to pay for Gift tax. The tax has to be paid where the donee resided. If the donee is not a Spanish resident, the tax has to be paid where the gifted property is located.

The term to pay the tax is when you receive the gift.

Plusvalía (Capital Gains Tax)

The Plusvalía tax has to be paid when receiving a property (inheritance or gift) and when the property is sold. If you receive a property and then sell it after one year, you will have to pay the Plusvalía tax twice, at the time you receive the property and at the time you sell it. If you sell the property you have received within the first year, you should pay the tax just once.

The tax has to be paid to the city council.

The term to pay the tax is 6 months.

The tax is calculated by the council and takes into account the increase of the value of the land and other details as future value. This is why sometimes we are required to pay the tax even if we have lost money with the sale. The Spanish Supreme Court ruled that if there is no actual gain when selling a property, the council should not charge the tax and the taxpayer has the right to claim it back.

Claiming it to the city council can be very complicated because if they do not solve the problem out of court, you should send a claim and the cost of hiring a lawyer and court representative is normally higher than the tax to pay. So the councils just wait to be sued because most people will not waste their money on this.

We are the first law firm to win the first Judgement that set precedent for deposit reimbursement according to Ley 57/1968 at the Spanish Supreme Court.

We set a precedent that helped to successfully recover the deposits of many clients who thought that had lost their savings because the property was not completed and the builder went bankrupt.

According to the new Judgments and precedent set, we can claim the bank that received the payments into the builder’s bank account or the bank that issued general bank guarantees.

We can claim the amounts paid for the property plus interests since the payments were made and legal fees.  If the bank is sentenced to pay, you will get your money back because banks are solvent and always comply with the Judgement.

You don’t need to have sued the builder/developer in advance. You can directly sue the bank without having claimed the deposit paid to the developer.

We have won many cases for clients who bought to HERRADA DEL TOLLO-SAN JOSÉ, EUROHOUSE, TRAMPOLIN HILLS, CAMPOSOL, TORREVISA, etc.

If you bought an off-plan property that was never completed or you never got the Title Deeds, please contact us and we will recover your deposits. We can offer NO WIN-NO FEE for most cases.

With Cc Lawyers help, you can get a divorce very easily at a Spanish Notary without visiting the Notary or even coming to Spain.

There was a law passed in 2015 in Spain allowing Notaries to celebrate marriages and also grant divorces.

However, not everyone can get divorced at the Notary, there are some requirements. If you meet those requirements you can divorce at a Notary and you will not need to go through Court which is slower.

The requirements to get divorced at a Spanish Notary are:

-Mutual Agreement Divorce (amicable)

-No children between the spouses

If you had children or it is not an amicable divorce, we will deal with the divorce at Court. You should know that to get a divorce in Spain, your last address in common has to be in Spain, otherwise, you will not be able to get divorced in Spain.

The Notary will need a divorce settlement agreement signed by the spouses. Cc Lawyers will help you drafting this document on your behalf to make sure that it is according to Law.

We can also act on your behalf before the Notary to get divorced with power of attorney.

Therefore, you will not need to attend the Notary if you grant us power of attorney to deal with the divorce on your behalf.

If you own a property, we can also help you with the transfer to one of the spouses or with the sale of the property.

Contact us and we will advise you on your specific situation and will inform you about the documents needed.

Every legal consultation is free!

Timeshare in Spain is or was very typical, especially in the Canary Islands or Málaga.

We all know the story: “Tourists were sold holiday weeks in resorts or holiday clubs with very aggressive selling techniques. Customers were asked to sign the contracts and deposit paid immediately before the one-day offer was canceled. They convinced customers that it was an investment and that they could sell their timeshare contract very easily in the future. Unfortunately, that was not the truth. Furthermore, there were maintenance fees and charges that were increasing every year and that couldn’t be afforded by some of these timeshare owners.  Some of the timeshare owners even took loans to afford these fees that were higher and higher. They were told that they could pass their investment to their children, but what they thought they were passing were just debts an high charges for a week that they could almost never book.”

Sadly, this is a very common story. However, if you find yourself in this situation, we can help you get rid of your timeshare contract if one of the following applies to you:

  • Payments and deposits made (or signing a loan) within two weeks of signing the contract (or before 3 months since signing the contract).
  • Floating weeks (not having a fixed week for a specific property).
  • Perpetual contracts (50 years or more or without time limit).

If this is your case, contact us because you have the opportunity to cancel your timeshare contract and claim the amounts you paid for it.

The Spanish Supreme Court ruled that timeshare contracts with just one of the before mentioned characteristics are unenforceable and void. Especially, contracts signed since 1999.

Timeshare owners are winning the claims and the contracts are declared void according to Spanish Law and the precedent set by the Judgment of  Spanish Supreme Court on 15th January 2015.