Litigation and Property Disputes
ALTEALEX — Litigation and dispute resolution
When Going to Court Is the Right Decision — and When It Is Not
Litigation should be the last resort, not the first reaction. Spanish court proceedings take time, they are conducted entirely in Spanish, and the losing party can be ordered to pay the other side’s costs. Before we issue a claim we tell you honestly what we think the case is worth, what it is likely to cost, and how long it will realistically take.
That said, there are situations where a claim is the only route that works: a developer who will not return a deposit, a seller who concealed a defect, a co-heir who blocks an estate, or a town hall decision that has to be challenged within a strict deadline. In those cases acting early matters, because most Spanish claims are subject to limitation periods that cannot be recovered once missed.
We have represented clients in the courts of the Costa Blanca since 1979, and a substantial part of our work involves foreign owners who need someone to conduct the case in Spanish while explaining every step to them in English. Many of the disputes we take on could have been avoided with proper advice at the outset, which is the preventive side of our Spanish real estate law work.
The Disputes We Handle
- Property purchase disputes. Deposits not returned, completion refused, misdescribed properties, and defects that appear after the purchase and were not disclosed.
- New build and developer claims. Delays in delivery, construction defects, and claims against bank guarantees for off-plan payments.
- Inheritance disputes. Disagreements between heirs, challenges to a will, and estates that are blocked because one beneficiary will not cooperate.
- Planning and administrative appeals. Challenging fines, demolition orders and licence refusals. These have short and strict deadlines, so they should never be left.
- Community of owners disputes. Challenging community resolutions, unpaid quotas and disagreements over works in shared areas.
- Contract and debt claims. Breach of commercial or private contracts and recovery of unpaid sums. Where the dispute concerns licences, land classification or a demolition order, we work together with our town planning specialists.
Our Litigation Service Includes
- An honest initial assessment of the merits, cost and likely duration of your case.
- Checking the limitation period before anything else, so no deadline is lost.
- Pre-action negotiation and formal demand letters, which resolve many disputes without court.
- Drafting and filing the claim before the competent Spanish court.
- Representation at hearings by our own lawyers, with a procurador where required.
- Coordination of expert reports (architects, surveyors, valuers) where the case needs them.
- Appeals to the Provincial Court where the first-instance decision merits it.
- Enforcement of judgments, including seizure of assets where necessary.
Call Us
(+34) 966 880 012
OR
Get Your First Consultation for FREE!
A free initial consultation to assess your dispute honestly: whether you have a case, what it is likely to cost, and whether court is really the best route.
Frequently Asked Questions About Litigation in Spain
How long does a court case take in Spain?
It varies considerably by court and by complexity. A straightforward first-instance civil claim commonly takes between one and two years, and an appeal adds further time. We give you a realistic estimate for your specific court at the outset rather than an optimistic one.
Do I have to travel to Spain for the hearings?
Usually not. We can represent you under power of attorney. Your personal attendance is only required if the court specifically orders you to give evidence, and even then remote participation is increasingly accepted.
Who pays the legal costs?
As a general rule the losing party can be ordered to pay the winner’s costs, though courts have discretion where the case raised genuine legal doubt. This cost risk is precisely why we assess the merits honestly before recommending that you litigate.
Is there a deadline to make a claim?
Yes, and it is often shorter than people expect. Limitation periods vary by claim type, and administrative appeals against town hall decisions in particular run in a matter of weeks. If you think you may have a claim, the assessment should not wait.