SPECIALIST ON REAL ESTATE LAW AND CONSTRUCTION LAW
pecialty of great importance constituting its object of regulation, assets that in the socioeconomic reality and in the personal sphere of people have great importance, real estate in its most varied manifestations (housing, single-family housing, bungalow, office building, commercial premises, tourist apartment, etc).
You will find our Alicante real estate lawyers ready to advise you on real estate law, construction, building, housing and urban planning law.
Our team of real estate lawyers in Alicante has a wide experience in Real Estate Law and in purchases and sales in Costa Blanca, both out of court and in court.
In the facet of advice we have been standing out for years advising customers in the proceedings of buying and selling properties or of any type of property. We advise our customers from the beginning of the operation to its end, assisting them in their relationship with the Real Estate Agency, Developer or private seller, throughout the whole process of the purchase and sale, including the moment of recording the mandatory deed of purchase at the notary and until the registration of the property at the Property Registry.
Why hire Carlos Baño León Alicante real estate lawyer in Costa Blanca
Property lawyer in Alicante, Costa Blanca
In the facet of property law and specially when buying and selling properties we draft and review all types of real estate contracts, whether private or public, we assist our clients in Notary when the documents have to be recorded as public.
In this branch of Law, there are important legal institutions/bodies such as property, possession, community or co-ownership, usufruct, lease, real rights, mortgage, etc., and all of this is a matter of knowledge and daily work of real estate lawyers Alicante lawyers, not only in the extrajudicial aspect but also in the judicial one.
In the judicial field of real estate law, our lawyers specialists in real estate and in property law purchases and sales in Alicante, Costa Blanca have a great deal of experience in assisting our clients in the Courts and Tribunals with claims that have to do with any of the aforementioned legal institutions in relation to housing, building, etc.
The experience of our Alicante real estate lawyers in property law sales in Costa Blanca, with buying and selling properties, real estate transactions and in legal claims of all kinds against developers and builders is remarkable, with very important results, both in property law and construction law.
As regards real estate law, although it is rather typical of urban planning law, there are figures which, although studied by administrative law due to their relationship with property law and therefore with real estate law, are also dealt with in this office. In Alicante, Costa Blanca real estates we are a leading reference of real estate transactions.
Our Alicante property lawyers act before Local Corporations and other Public Bodies in everything related to housings and other buildings, reason why we are competent in matters of Permits, programs and urban planning; as well as in matters of expropriations.
In the field of Building Law, Alicante-Costa Blanca real estate lawyers of Carlos Baño León, assist our clients, who are home buyers, not only judicially when it comes to defend their rights at Courts and Tribunals, but also we previously during the building period or even trying to act as mediators in order to avoid a judicial conflict. Normally, when clients show to lawyers, Alicante lawyers of Costa Blanca their problem we immediately get in touch with the participating architects in order to know firsthand what happened and if that does not satisfy us, what we always do is to resort to an independent Technical Architect, to whom we will request the mandatory expert reports that will serve then to negotiate with the insurance companies or as fundamental expert evidence in case of attending the Courts. Within this scope of action, real estate law, it is very important the work of Alicante-Costa Blanca real estate lawyers along with insurance companies, having always the aim of reaching profitable agreements for the clients in the field of ten year liability for damages.
Although this list is not exclusive, we detail some of the most frequent legal actions in Courts and Tribunals of Carlos Baño León property lawyers in which our Alicante real estate lawyers have professional experience supported by results.
In the field of criminal law, our law firm of specialists in property law and construction law has been dealing with notable success in a wide range of criminal actions that have as their object the field of building, construction and housing law. Our lawyers in Alicante, Costa Blanca, experts on sales and real estate transactions and will assist you and solve your doubts if you are facing a situation that affects your economic and assets interests as a result of actions within the scope of criminal law.
Ownership or property rights; Rights in rem; Possession and Protective Actions; Co-ownership or Joint tenancy; Housing Associations; Division of commonly-owned goods; Easements; Usufruct; Real estate purchase; Real estate contract fulfillment claims; Nullity of purchase and donation deeds; Demand of guarantees deposited in purchases; Touristic apartments; Timeshare; Forced expropriation; State of insolvency and purchases; New construction; Condominium; Real estate leasing; Capital Gains Tax; Claims derived from the urban leasing contract; Claims derived from the Horizontal Property Law; Claims derived from the Right of Mortgage; Claims for construction damages and hidden defects; Claims for damages due to defective constructions (Developer, Builder, Architect, Technical Architect and other experts); Claims derived from the implementation of construction contract; Claims to insurance companies for housing policies.
Consult our articles, news and reviews of judgments published below and on this specialty, real estate lawyers from Alicante, Costa Blanca of Carlos Baño León will advise you wherever you are.
NEWS AND SENTENCES
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HOW TO ACT BEFORE A CITY COUNCIL ORDER FOR DEMOLITION OF ILLEGAL WORKS
The threat reflected in the title is certainly not insignificant because the case we want to expose, which is more common than it seems, has its origin in the lack of knowledge, sometimes unjustifiable, that the citizen who wants to build a house has of the legal procedures that this implies in accordance with the urbanistic legality and of the…
ILLEGAL HOUSES IN ANDALUCIA
The Community of Andalucía has approved a decree-law, the Decree-Law 3/2019, of 24st September, from the Regional Andalusian Government, by which a large number of houses that were in an irregular or illegal situation without supplies or a supply network because they had not obtained a building permit at the time or had been rejected, are now regularised or in…
The possibility that the owner of a piece of land that signs a execution works contract may desist from it, whether the construction have started or not, it is a faculty that the Law recognizes, although it solidifies or links certain effects or consequences that we are going to study briefly in this article. The article 1594 of the Civil…
HOW TO CLAIM FOR STRUCTURAL DAMAGES, DUE DATES AND LEGAL ACTIONS
There are several actions that the Spanish legal system attributes to the buyer of a dwelling due to construction defects after the purchase of the property. Certainly, the system of liability for defects or flaws in the building is complex. There are damages for defective works that can only find an answer in articles 1484 and in following articles of…
Which contracts must be signed before registering a deed with guarantees?
Nowadays and more frequently today we find that some operators of the real estate area, who call themselves real estate agents, lack basic legal technical preparation and professionalism. This is what you pay when an activity doesn’t belong to an association and therefore isn’t controlled, with the exception of the real estate agents’ activity. There are real estate agents whose…
Real estate purchase and state of insolvency
What effect does a state of insolvency of a real estate developer have on the property purchase and sale contracts signed prior to its declaration of insolvency? Buyers of properties may be affected at any given time by the insolvency situation that the real estate developer may experience, and it will be necessary to follow its process and see whether…
Claim Insurance Companies for damages and faults in construction
One of the biggest concerns a buyer of a new home may have is the risk that damage may appear on it after a while and not having the security of protection when the people who intervened in the construction may have disappeared. Precisely as a result of the doctrine of the Supreme Court and of the legislator’s protection to…
Claim your amounts paid on account for non-built tourist apartments
The legal claim by homebuyers for the return of advanced payments has been a limitation in cases of claims made by buyers of tourist apartments. It has been considered that the buyer of a tourist apartment was a speculator or investor rather than a buyer of a dwelling for residential use; hence he was not considered a consumer and therefore…
Restoration of urban legality for illegal building or works
The Law attributes to the Public Administration the necessary legal instruments to act in the event of an urban infraction so that, apart from sanctioning for this aforesaid illegal act, it restores the current urban situation before the urban infraction takes place. Three are the cases of urban infractions. a) and b) Works built without obtaining or applying for the…
Hidden faults. Construction damages on a purchase.
What happens if in a newly acquired property appear structural damages of such magnitude that in the event of having known that, the house would have not been bought or would have had an evident discount on the purchase price? These are the so-called hidden faults. This is about deal with significant damage and not with so-called defects in the…
When to proceed judicially for unpaid rent.
This is one of the most frequently asked questions by property owners since it is an issue for them; the fact of facing this inappropiate situation, in which a tenant owes him rent and also the landlord is required to go to court and bear some costs that although he may later recover for now he must advance them. The current…
Purchase of a home. Regulation on amounts paid in advance to the buyer.
A major issue and object of numerous legal claims in Spain has been the existing legal regulation in relation to the obligation of the Developers to guarantee the amounts they charged in advance at the time of carrying out a purchase of a dwelling in Spain, off-plan or under construction. This regulation has been modified by the Law 20/2015 of…
Demolition Of 52 Houses By Court Order Losses Of The Buyers
Can the demolition of a residential area of 52 houses be produced in Spain? This question has an easy answer and is that as we have said in several articles, the buyer has to be very careful when buying the property in Spain and he must to understand that he should use services of lawyers independent of the developer and…
Division of property
The joint ownership or condominium as a situation in which several people have the shared ownership of a real estate is considered in our Civil Code with a capital regulation without prejudice to other specific regulations for figures that have acquired their own substantivity as for example the Horizontal Property Law. Usually, the origin of this shared ownership situation derives…
The first Instance Court No. 3 of Denia has ruled in favour of a Buyer who in 2016 had purchased a house in Benissa and after less tan a year he found very serious damages that affected not only the façade and walls, but also the foundation of the house, which implied a risk of collapse. The buyers had visited…
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