CREGO ABOGADOS has an extensive experience in the advice of developments before the Spanish Courts representing the interest of non-residents individuals and foreign companies.
As soon as you inform us about a dispute, we will explain your options to you, agree a strategy and then pursue this in your best interests. If a negotiated settlement cannot be achieved then we will issue legal proceedings on your behalf in Spain. We know that court action involves costs and time and prior to commencing any legal proceedings we will explain the Spanish legal process to you and the costs involved.
As the matter progresses through the courts we will keep you updated. We have experience in dealing with courts throughout Spain from the Courts of First Instance to the Appeal Courts in different matters.
Debt recovery in Spain
CREGO ABOGADOS has experience in recovering monies owed to individuals and companies.
We will start with an investigation of the solvency of the debtor and the chance of success of your claim, in order to consider whether or not to issue legal proceedings.
In case that you consider to issue legal proceedings we will make a quote for your particular case that should be approved by you before to start.
Dissolution of property co-ownership in Spain
It is quite often that several persons own a share in a property and but, what happen if they decide not to continue that co-ownership?
The most common situation is a co-ownership with two people owning 50% each, typically a couple, but there are also situations with more co-owners and different percentages of ownerships.
According to the Spanish Law, nobody can be obliged to continue a co-ownership against their will. There are specific proceedings in Court that function to share and distribute proportionally the property and the proceeds of its sale. Besides that, pending debts between the owners can also be claimed and compensated from the proceeds of the sale, if the debts are related to the property (payments for the mortgage, community expenses, repairs…).
So, where one partner is refusing to sell, or is dragging their feet, the other partner may resort to legal proceedings to force the sale of the property. However, it is far from a perfect solution.
Firstly, since the result of these proceedings is that the property will be sold at a public auction by direction of the Court, a common problem is that there is always the risk that the property will be sold at a lower price than its real value -or even, in some cases, especially when there are mortgages or other charges in the property, that there is no bidder in the auction. (It is also worth noting here that the co-owners can also bid in the auction).
So, money can be lost as a result of the proceedings unless a reasonable offer is made at auction.
Execution of bank guarantees
Law 57/1968 and Law 38/1999, establish the rules for the protection of advance payments on account in off-plan properties.
The afore mentioned laws says that if a promoter is going to ask his clients for advance payments on account in off –plan properties, he have to arrange an insurance contract with a solvent insurance company or a bank guarantee, to ensure the payments to the clients in case that he does not start the properties, or he does not finish the works in the established period of time.
In CREGO ABOGADOS we are experts in these claims, and we have success in the majority of the cases.
In case that the promoter had not given to you the bank guarantee or the certificate of the insurance, in order to execute it in front of the Court, or in the case that the promoter never signed and insurance contract or bank guarantee to ensure the payments or even if the promotor went bankrupt, it is possible to recover your money, asking the for payment to the bank where you transfer the payments in advance, because the law establish a responsibility of the bank, if it did ask for the insurance contract or the bank guarantee before to open the bank account.
Therefore, please, do not accept that you have lost your money and contact CREGO ABOGADOS, we will study your case and you will have the last word.
Building defects in Spain
Law 38/1999, Spanish Building Act (Ley de Ordenación de Edificación (LOE)) determine the periods of time in which it is possible to claim for problems in the building:
1 year, for finishing defects
3 years, for habitation problems, and
10 years, for structural defects.
These periods start from the time when the property is legally handed over and received.
In case that some problems appeared in your building or in the building of your Community of Owners, such as cracks on walls, peeling paint, rising dampness, timber decay, movement in foundation, etc, please contact with CREGO ABOGADOS and we will delighted to help you in your claim against the insurance of the agents involved in the construction works (architect, technical architect, constructor etc.)
Insolvency and bankruptcy
If you are a foreign company or a non-resident individual, and your debtor in Spain has applied for the bankruptcy, it is very important to have a lawyer in Spain to represent your interest against the bankruptcy administration, informing them about your credit, and representing you in case of an arrangement with the creditors.
CREGO ABOGADOS has years of experience in bankruptcy and has been designated several times as Bankruptcy Administrator by the Commercial Court in Murcia.
For other hand CREGO ABOGADOS will study all the ways to try to recover your money, such as execution of guarantors (banks, insurance companies, etc)
Claims and litigation against the Spanish Tax Administration
If you have received a letter from the Spanish Tax Administration, it could be an information request, a proposal of a new assessment of a tax that you present some time ago, in virtue of the information in power of the Tax Administration, a checking of the value of your property, and inspection, etc.
In these cases, we recommend you to contact with CREGO ABOGADOS from the beginning, because we will be able to help to clarify any misunderstanding with the administration, or to fight for your interests if you are right.
In CREGO ABOGADOS we have an extensive experience in administrative procedings against the Spanish Tax Administration, for Non-Resident Income Tax, Income Tax, Corporate Tax, Wealth Tax, VAT, Transfer Tax, Stamp Duty Tax, Inheritance Tax, IBI Tax, application of the Double Taxation Convention, etc.
Tenant eviction in Spain
The Law 29/1994, of 24th November lays out the general legal framework for all rental contracts in Spain. This law sets out the legal obligations for both landlord and tenant.
If you are the owner of a rented property, and the tenant has failed to meet his obligation to pay the rent, the Spanish Code of Civil Procedure, establish the judicial proceeding for the eviction.
It is very important to remember that the landlord, even if the tenant is not paying the rent, can not shut-off utilities (water & electricity), changing the locks or locking a tenant out, entering a property, throwing tenants’ possessions away or threatening them, because he/she could have be the subject of criminal proceedings instigated by their own tenants.
CREGO ABOGADOS provides legal advice and Court assistance on International Commerce matters, we have years of experience fighting for the rights of foreign companies in several international transactions, such as:
International Trading Contracts
Letter of Credit
Uniform Customs & Practice for UCP 600
International Agency Contract
Commission Contracts and International
In CREGO ABOGADOS, we are experts on the above stated legal forms, and many others, which are used on international commercial trading.