Property disputes in Marbella.

We negotiate first. When needed, we litigate.

When a transaction goes wrong —a seller who will not complete, a developer who does not finish, a home that is not what was sold— the first step is to measure your position: what the contract says, what evidence exists and what can be achieved. Then, the shortest route to the result.

The disputes we handle

Everything that surrounds a property in Marbella and the Costa del Sol, for buyers, sellers, owners, communities and investors.

Breach of reservation and deposit contracts: recovery of double the deposit, termination of the contract or specific performance.
Hidden defects and construction defects: claims against the seller, the developer and the building agents within the time limits of the Spanish Building Act (LOE).
Off-plan purchases: late delivery, changes to specifications and recovery of advance payments under their guarantees.
Communities of owners: challenging resolutions, unauthorised works, recovery of levies and disputes between neighbours.
Tenancies: eviction for non-payment or expiry, recovery of rent and damages, and defence of tenants.
Boundaries, easements, co-ownership and partition; and disputes with estate agents over their fees.

How we work a dispute

We start with the file: contracts, emails, payments, photographs, technical reports. With that, we tell you in writing where you stand, what each route costs and how long it may take. In most cases a well-founded claim —with the lawsuit ready behind it— closes the matter in a negotiation. When it does not, we sue.

For clients abroad, we run the entire procedure without you having to travel: power of attorney, court agent (procurador) and translation of whatever has to be signed.

Time limits that do not wait

Many actions expire: the claim for hidden defects, six months from delivery; claims under the Building Act, one, three or ten years depending on the defect, with two years to claim from the moment it appears; challenges to community resolutions, three months, or one year if they are contrary to the law or the by-laws. The sooner it is looked at, the more options remain.

Frequently asked questions

What clients ask us.

The seller has pulled out after signing the arras. What can I claim?

If they were penitential arras, double the amount paid. If they were confirmatory, you can demand that the sale be completed or terminate the contract with damages. It depends on what the contract says, which is why the first step is to read it.

I bought a house with defects I could not see. Can I claim?

Yes, within the time limits. Against a private seller, the hidden-defects action (six months from delivery). On a new build, against the developer and the building agents, depending on the type of defect, up to ten years. An early expert report usually decides the case.

Can it be resolved without going to court?

It is almost always attempted, and often achieved: a well-founded formal demand and a closed proposal resolve many matters in weeks. Litigation is the route when the other side does not respond or when what is at stake justifies it.

I live outside Spain. Can I claim without coming?

Yes. Under a power of attorney we represent you throughout the procedure; in most civil proceedings your presence is not required unless you are summoned to give evidence.

The time limits and rates quoted are those in force in 2026 and are confirmed for each matter.

Also

Other services.

Thinking about a property in Marbella?

The Costa del Sol moves fast.

Having the right legal partner before you sign anything makes all the difference. Get in touch and we will talk it through.

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