We are available by telephone and email for all your legal issues
We want to take this opportunity to send all our clients and all those with property and businesses in Spain our good wishes. We are keeping our telephone lines open to respond to your concerns about any of your legal issues during the health crisis. Whilst working under the current rules on social distancing we are still able to provide a full and comprehensive legal service and our administrators can help you to find local help with your properties whether you are resident in Spain or concerned that you cannot visit your second home.
We hope this brief update will be helpful and do call any of our local offices if you need advice and to speak to someone about your matter. Our offices are not open to the public yet, but we invite all existing and new clients to contact us so that we can help to resolve issues for you.
Here are some brief notes on legal matters that are particularly relevant in the current circumstances and where we can advise.
Notarial Property signings. If you have entered into a private contract for purchase or sale of a property and have a date for completion fixed there is a practical solution which is to agree an extension if necessary. We take the view that both parties don´t wish to cancel but clearly if you cannot travel, or the parties cannot attend a notary, a negotiation can take place to protect both parties. Some urgent notarial work is continuing, for example if one of the parties is elderly and there is a time period that cannot be changed.
Court actions. The courts in Spain are currently only open for urgent matters such as child contact, criminal matters and domestic violence. If you have a civil case currently before the courts including Family cases we cannot yet say how long it will be before the proceedings and hearings will start up again. It is likely pleadings and digital submissions will be opened up in advance of any hearings.
Rentals and holiday rentals. You may own a property which you have been renting out for holidays or you could be renting a property long term. If you have been directly affected by the crisis and cannot pay your rent you may be able to apply for, or negotiate, a temporary postponement in payments. Equally if you own rental property and have taken deposits you may need advice on whether these deposits can be held or if there is an obligation to return them.
Inheritance and Wills. In Spain a will is normally executed before a Notary public. If, for reasons of urgency, you need to consider making a will in the current crisis a handwritten or holographic will can be executed. This is for exceptional cases and it is very important to get legal advice to ensure it will be valid to pass your property to your family and beneficiaries. You can also get advice on dealing with an inheritance and inherited property.
Contracts. As well as entering contracts for property purchase as referred to above there will be many situations where the circumstances have changed so drastically both during and after the crisis that a contract cannot be honoured. For example, if flight restrictions are still in place and you cannot comply with the terms of a booking or of supplying goods to a company it may be necessary to rely on the legal principle of force majeure – that is where there is such a fundamental change in circumstances that one or both parties cannot comply. A lawyer can assist in negotiating if the following conditions are met. That extraordinary circumstances have intervened; that the change would produce a serious imbalance between the parties; that this change could not have been foreseen and that there is no alternative to redress this imbalance. If both parties are acting in good faith these matters can be resolved by your lawyer.
It is clear that none of us foresaw this pandemic and the repercussions and uncertainty that would follow. We are available by email and on the telephone and we wish you all good health and would be pleased to discuss your concerns and provide legal advice in Spain in your language. You can call or email on the numbers below.
Mijas Costa office – Telephone lines open 9.30am to 3.00pm +34 952 931781
Nerja Office – Telephone lines open 9.30am to 3.00pm + 34 952 527014
Coín Office – Telephone lines open 9.30am to 3.00pm + 34 951 315161
Tenerife Office – Telephone lines open 9.30am to 3.00pm + 34 922 719520 (Same as UK time) Email [email protected]
Email [email protected]