SPANISH LAWYER IN TENERIFE

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You may find below a selection of useful legal information, advice and tips

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I am a Spanish lawyer based in South Tenerife, Canary Islands, Spain and I am specialist in international law, litigation and disputes related to foreign investments, property and business law.

I have 25 years experience.

I am member num. 1685 of Tenerife Law Society (Colegio de Abogados de Santa Cruz de Tenerife).

TENERIFE LAW SOCIETY WEB PAGE.

Wednesday, August 27, 2014

GETTING CLEAN TITLE ON YOUR PROPERTY IN SPAIN

The Spanish real estate legal system is extremely secure. By taking just a few basic precautions, you can prevent your property from being affected by debts, levies, and legal problems resulting from past transactions.

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IS IT POSSIBLE TO GET YOUR MONEY BACK FROM AN INSOLVENT COMPANY?

In times of crisis and widespread financial strain, the likelihood of recovering money invested in spanish companies can be extremely low; once we decide to take legal means to reclaim your investment may be too late, the society becomes insolvent, and may change its location, or simply remain closed for business. Is all lost? is there something you can do? ...

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PROTECT YOUR INVESTMENT. GET LEGAL TITLE FOR YOUR PROPERTY

In Spain, legal title on your property must be presented into the Land Registry office for registration. A private contract cannot be registered and it is unsafe to own property without a Title deed signed at the notary´s office with your seller. In situations in which you have paid the entire sum of the sale price and are in possession of the corresponding property, but lack the public title (Deed of Purchase and Sale), you will need to resort to the Courts to protect your property rights against third parties claims, charges, previous owner debts, taxes and other potential debts against the property

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STRUCTURAL AND OTHER DEFECTS (CRACKS ON WALLS, MAJOR WATER LEAKS ETC) ON YOUR PROPERTY

Article 17 of Law 38/1999 on Building Ordinances establishes that notwithstanding unmet contractual obligations and responsibilities (which may be directed towards the seller-developer), all physical persons or businesses involved in the construction process (architects, engineers, construction workers, promoters, etc.) must answer to the building’s owners for material damages occasioned in the structure within the time frame indicated following the date of completion of construction. The builder must also answer for material damages caused by defects or flaws in execution that affect finishing elements within a one-year period.

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BASIC NOTIONS OF LEASEHOLD AGREEMENTS, UNPAID RENTS & TENANT EVICTION IN SPAIN

Before you lease your property, you should be aware that: 1) Urban Rental Law 29/1994 establishes that lease agreements in Spain have a minimum duration of 3 years, regardless of what the lesser and lessee establish in the rental agreement. In other words, in instances where the tenant wishes to rent the property for the entire 3-year period, you will not be able to recover the use of the property until this time has expired. This regulation has a sole exception, which must be stated clearly in the rental agreement. 2) In cases in which rents are not duly paid, tenants may maintain residence under the condition they deposit the appropriate sums before the hearing, except in cases in which they have been issued a formal petition one month in advance of this claim.

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PURCHASE AND SALE CONTRACT CANCELLATION

According to Spanish Law, your claim is viable as long as you have previously met all your contractual obligations. However, there are instances in which both parties have failed to meet their respective obligations, or where the buyer has failed to meet his obligations, the penalty clauses delineated in the contract are deemed unfair and may be altered or even nullified by the court, at the request of the claimant.

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Friday, August 22, 2014

HOLIDAY RENTALS IN THE CANARY ISLES QUESTIONS AND ANSWERS

Since the publication of Law 7/1995 of 6th April, this matter has aroused a great deal of controversy among apartment owners in tourist areas throughout the Canary Isles.

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SPANISH WILLS

Here you may find usefull advice, hints, tips and lots of info. regarding wills

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INHERITANCE MATTERS AND DEATH DUTIES FOR NON-RESIDENTS

10 simple steps to avoid legal problems in Spain.

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WHAT IS AN NIE (TAX IDENTIFICATION NUMBER)

No property purchase can be registered in the land Registry office without the NIE of all the parties concerned in a property transaction.

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BUYING PROPERTY IN SPAIN: TO DO LIST

Essential advice on buying property in Spain. The article that you cannot miss.

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COMMON PITFALLS WHEN STARTING A BUSINESS IN SPAIN

Some of the situations described below may seem pretty obvious for you but you would be surprised of how many foreign investors fall into these common pitfalls

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CHECKING ALL YOUR SPANISH PROPERTY DOCUMENTATION

Foreign property owners often do not realize that they haven´t got all the right documents for their property until they come to sell ... so why wait until the last minute to check through your papers.

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CAPITAL GAINS FOR NON-RESIDENTS FOLLOWING THE SALE OF PROPERTY IN SPAIN. ALL YOU NEED TO KNOW

Questions and answers for the most common queries.

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Wednesday, August 20, 2014

THE LIVING WILL

Canary Isles law (Decree 13/2006 dated 8th February - B.O.C. 43, 2.3.2006) regarding living wills (testamento vital).

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About

I am a Spanish Lawyer offering legal advice, litigation services and conveyancing on purchases and sales of property in Tenerife, Canary Islands, Spain.

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