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.

Warning! If you bought a property bargain in Spain, the Spanish tax office might require you to pay extra tax!

The Spanish property market is low and properties are being sold at low prices, but the Spanish Tax office still wants to get the transfer tax according to their property value.

The tax office has a value for each property that is not always according to the market. When buying a property, the tax is paid according to the sale price, and if the sale price is low, the tax will be low, and the tax authorities might not like it. Therefore, they have a minimum value established for each property, and when the property is transferred, the tax authorities might check the sale. So what happens if the tax paid is not the right one? They will require you to pay an extra tax.

The tax office has up to 4 years to claim you to pay the tax.

Cc Lawyers Alicante advice:

If you are buying a property at a low price, we advise you to make sure that the price is according to its minimum tax value. If the price is under its minimum value, and you think that the sale price is realistic and fair, you should get an appraisal before the purchase or before doing any works or renovations on the property. If you get the appraisal before the purchase, you can ask the Notary to include it in the Deeds. Therefore, the tax office will see the report with the property value and this might stop them from claiming anything. At least the tax authorities will know that you will fight the extra tax in case they claim you.

If you receive the extra tax claim, you can appeal it. For appealing it you must get an appraisal, but if the tax authorities claim you the tax difference 3-4  years after you purchased it, the property value might have raised (renovations, higher market, etc.).

Cc Lawyers Alicante will check the minimum value of the property for you and will inform you if the sale price meets the tax office requirements. If it doesn’t, we will advise you to get the appraisal in case you have to appeal.

Checking the minimum value is included in our property purchase service.

You can contact us here.

Cc~Lawyers will protect your interests and will make the purchase of your property in Spain a stress-free experience

The steps to follow after a car accident will depend on the gravity of the accident but here you have a general guide:

1- Stop, turn on the hazard lights and keep calm.

2- If you think that the situation is serious, please call 092 or 112 so they can send the Police and an ambulance.

2-Before anyone leaves the car, put on the reflective vest. No one should leave the car and walk on the road without the vest, it is mandatory in Spain.

3- Place one warning triangle behind the car (approx. 50 m) and another at the front (approx. 50 m).

4-If the accident is not serious and everyone involved can keep driving, please take pictures of the scene and try to move the cars off the road.

5-You and the other driver/s have to write the details of the accident in the form provided by your insurance company. Please write down the contact/personal details and plate number of anyone involved. If the parties don’t agree you have to call the police.

6-If you crash or hit a parked car, you should call the police and report the accident so they can find the car owner.

7-If there are injured people, please don’t move them. If you know first aid basic rules please help. Please stay at the accident scene until the police or ambulance arrives. Witnesses of a car accident have to stay and help until the police or ambulance arrives. Not helping and leaving the scene is a crime in Spain. If there is someone else helping, you don’t have to stay.

Once the police arrive on the scene, they will write down the accident report with the information of the people involved, who is liable for the accident, the charges, etc.

You will have to be ready for a drug or alcohol test in order to determine if the parties were drinking or taking drugs.

In any case, you have to notify the insurance as soon as possible.

IMPORTANT: If you have been injured, you need to keep all the doctor or hospital reports as well as bills and other expenses due to the accident. If the police give you a copy of the report or any document, please keep these too.

We can help you claim the insurance company for compensation. We do not charge per consultation so contact us to get legal advice.

The Occupation Permit or First Occupation Permit (Licencia de Ocupación) is a permit granted by the city or town hall when a property is built.

This permit certifies that the property is legal and that it is in a habitable state.

When buying an off-plan or new build property, we advise you to request the first occupation permit to the builder or agent to make sure that the property is legal.

In the Alicante area, a Second Occupation Permit is required when you sell your property or when you buy a second-hand property.

You will need this permit for changing the utilities’ contracts or if you want to do some works at the property.

In order to get the Second Occupation Permit, an architect will have to visit your property.

The architect will write a report describing the property and certifying that it is in a habitable state.

Then, this architect’s report must be taken to the city or town hall. The Town Hall will stamp the form with the Permit and will require you to pay for a tax.

The costs involved with the permit will depend on the architect fees and the city or town hall tax.

Apart from the visit to the property, a copy of your Deeds, your NIE number, and the last IBI tax receipt will be required.

The permit will take approximately 15 days and it will depend on the town hall.

Here you have a link with the Second Ocupation permit information from the Alicante city hall

The Act ruling about evictions in Spain (for squatters) has been modified recently.

This measure aims to solve the problem of people entering into empty properties.

In Spain, if someone entered to live in your property (your holiday home, a second residence, or just your home) illegally you had to sue them and take them to Court to evict them.

If you ever find yourself in that situation, we advise you not to take any measures to force the squatters out of the property. If you cut the electricity or water or threaten them in any way, this could play against you.

A Court Case takes time in Sapin and an Eviction claim can take many months to be solved by the Court. In the meantime, you can find yourself in the street and someone living in your property for free (or without your consent) and there is nothing you can do.

In order to solve that problem, the Act ruling about evictions has been amended for these specific cases.

If there is someone living in your property without a title (rent contract or your consent) you can sue them. You don’t need to know their identification information. You can just sue the people living on your property. With the claim, you have to present evidence that you are the owner (updated information from the Land Registry-Title Deeds) and request the immediate eviction.

With the acceptance of the claim, the Court will order these people to present evidence of their right to be on your property IN FIVE DAYS. If they don’t present evidence, the Court will immediately order the eviction and will return you the possession of your property.

Everyone was asking for this amendment of the Law and is very good news.

Now, we will not have to wait months to evict someone who is illegally living in our property.

You can read the full Act Amendment here.

Please contact us if you require further information or if you need to evict someone living in your property. Every consultation is free.

A case of a client who bought a property in CAMPOSOL (MURCIA) won against BANKIA at the First Instance Court no. 4 in Alicante.

We have won a case against Bankia for our clients, who purchased a property in Camposol, Mazarrón (Murcia).

The properties never got the occupancy permits and the clients lost the deposits paid to the builder.

Our case was based on the precedent set by the Judgement from the Spanish Supreme Court in December 2015.

The legal grounds that we used in our claim against BANKIA are: if the deposits were paid to any of the developer’s bank account, those deposits have to be refunded by the bank.

So it doesn’t matter if the property buyer didn’t have a guarantee (general or individual) nor if the buyer paid the deposit to a special bank account.

The Judge sentenced the bank BANKIA to return the deposit paid by our clients plus interests since the deposit was paid to the developer’s bank account.

The Court has also decided that the bank has to pay for our clients’ legal fees for this case.

We are very happy with the Judgement because we will help our clients to get their deposits back after 16 years.

If you are one of the buyers who purchased a property  in Camposol,  please contact us and we will study your case and will give you free legal advice.

We are happy to announce that the bank Caixabank has to refund deposit, interests and legal fees because we won the Appeal case at the Appeal Court in Murcia for a client who bought a property at Trampolin Hills Golf Resort.

Our case was based on Ley 57/68 and the precedent set by the Judgement we won at the Spanish Supreme Court on the 23rd September 2015.

The legal grounds used in our claim against La Caixa are: the bank which issued general bank guarantees has to guarantee the deposits paid by every buyer.

If you bought a property at Trampolin Hills and you lost your deposit, please contact us and we will help you with recovering your deposit, interests and legal fees.

The bank LA CAIXA has to refund the deposit paid by our clients plus interests since the deposit was paid to the developer’s bank account.

Ley  57 1968. Case won at the Appeal Court Section 1 in Murcia against Caja de Ahorros y Pensiones de Barcelona “LA CAIXA”.

We have won the Appeal case against La Caixa for our clients, who purchased an off-plan property from the developer TRAMPOLIN HILLS S.L. in Trampolin Hills Golf Resort, Murcia.

We are very happy with the outcome and we would like to congratulate our clients.

There is precedent from the Spanish Supreme Court regarding this type of cases. However, the Courts are deciding for and against the clients for exact cases.

Therefore, a Judgement from the Appeal Court in Murcia confirming the Judgments from the 1st Instance Courts is very good news.

The bank LA CAIXA has to refund the deposit paid by our clients plus interests since the deposit was paid to the developer’s bank account.

The Court has also decided that the bank has to pay for our clients’ legal fees for the appeal too.

We are happy to announce that we won a case at the 1st Instance Court in Torrevieja for a client who purchased a property to the developer TORREVISA S.A. in Golden Sun Beach and Golf Resort in Pulpí (Almería).

Our case was based on Ley 57/68 and on the precedent set by the Judgement we won at the Spanish Supreme Court on the 23rd September 2015.

The legal grounds that we used in our claim against BANKIA are: the bank which issued general bank guarantees has to guarantee the deposits paid by every buyer.

If you are one of the buyers who purchased a property to TORREVISA, please contact us and we will study your case and will give you free legal advice.

Ley  57 1968. Case won at the First Instance Court no. 1 in Torrevieja against BANKIA.

We have won a case against Bankia for our clients, who purchased an off-plan property from the developer TORREVISA in Golden Sun Beach and Golf Resort, Pulpí (Almería).

We are very happy with the outcome and we would like to congratulate our clients. At the moment, there is a big confusion and legal controversy regarding the bank’s liability in the cases with regards to the developer TORREVISA.

There is precedent from the Spanish Supreme Court regarding this type of cases. However, the Courts are deciding for and against the clients for exact cases.

Our case was based on Ley 57 1968. The bank which issued a general bank guarantee should cover the deposits paid for every client who purchased an off-plan property.

The bank BANKIA has to return the deposit paid by our clients plus interests since the deposit was paid to the developer’s bank account.

The Court has also decided that the bank has to pay for our clients’ legal fees for this case.

You can claim now the Plusvalia Tax if you lost money when selling your property in Spain.

The Spanish Constitutional Court decided that if someone who sold a property lost money, the PLUSVALIA TAX cannot be applied and must be returned to the taxpayer. The Constitutional Court Judgements will set precedent and the Ayuntamiento (City Council) will have to return the tax improperly paid.

But, what is the Plusvalia Tax?

The Plusvalia Tax is a tax paid to the City Council and is calculated according to the increase in the value of the property and a calculation that the Ayuntamiento (City Council) makes according to their rates. It is a tax that had to be paid by the sellers even if they lost money when selling the property. So if you bought a property in 2009 for 150.000 Euros and you sold it in 2014 for 100.000 Euros, you lost money and it is just logic that you shouldn’t pay a tax which is applied to the increase of value.

Nevertheless, the Ayuntamientos (City Councils) were still charging the tax to every seller, even if they lost money with the sale.

The Judgments say that you can claim the Plusvalia Tax if you paid for it 4 years ago, and not before that time.

Therefore, if you paid for this tax and you think you have the right to a refund, we can help you with the process.

Please contact us for more information.

We are happy to announce that we won another case at the 1st Instance Court in Murcia for a client who bought a property at Trampolin Hills Golf Resort.

Our case was based on Ley 57/68 and on the precedent set by the Judgement we won at the Spanish Supreme Court on the 23rd September 2015.

The legal grounds used in our claim against La Caixa are: the bank which issued general bank guarantees has to guarantee the deposits paid by every buyer.

If you are one of those buyers, please contact us and we will study your case and will give you free legal advice.

Ley  57 1968. Case won at the First Instance Court no. 6 in Murcia against Caja de Ahorros y Pensiones de Barcelona “LA CAIXA”.

We have won a case against La Caixa for our clients, who purchased an off-plan property from the developer TRAMPOLIN HILLS S.L. in Trampolin Hills Golf Resort, Murcia.

We are very happy with the outcome and we would like to congratulate our clients.

At the moment, there is a big confusion and legal controversy regarding the bank’s liability in the cases with regards to the developer TRAMPOLIN HILLS S.L. at the Courts in Murcia.

There is precedent from the Spanish Supreme Court regarding this type of cases. However, the Courts are deciding for and against the clients for exact cases.

Our case was based on Ley 57 1968. The bank which issued a general bank guarantee should cover the deposits paid for every client who purchased an off-plan property.

The bank LA CAIXA has to refund the deposit paid by our clients plus interests since the deposit was paid to the developer’s bank account.

The Court has also decided that the bank has to pay for our clients’ legal fees for this case.