If you have a real estate transaction to review before signing, earnest money that the other party refuses to return, or a commercial lease dispute that is dragging on, we provide you with a preliminary legal report on the best course of action for you.
You paid the earnest money and the seller backed out. You reserved the apartment and the real estate agency won’t return your money. You bought two years ago and moisture has appeared on the facade. Your commercial tenant hasn’t paid for three months and won’t leave.
What these matters have in common is that the outcome depends much more on the contract drafting and the timing of your action than on «being right». Earnest money can be confirmatory, penalty, or penitential deposits, and depending on how they were drafted, the outcome changes completely. The Building Code provides for deadlines of 1, 3, or 10 years. One day late can cost you the case.
A preliminary review costs a fraction of what the dispute it prevents costs.
Many real estate conflicts are resolved with a proper prior notice and firm negotiation, without setting foot in a courthouse. When there is no other option, lawsuit in court of first instance, payment order for liquidated amounts or eviction when appropriate.
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When one party withdraws and does not return what is due. The classification — confirmatory, penalty or penal under article 1454 CC — determines the outcome. Ambiguous contract drafting is where the conflict begins.
When the real estate agency or owner withdraws unilaterally and refuses to return what was delivered. We claim the amount and, when appropriate, damages.
Before signing we review registered charges, urban planning status, community debts, occupants, preemption and redemption rights, financing conditions and tax regime.
Residential and commercial premises under the LAU. Guarantees, duration, extensions, exit conditions, cost allocation, exclusivity and non-compete clauses. Both from the landlord and tenant perspective.
Non-payment of rent and eviction, rent collection claims, property damage, defense against unilateral landlord resolutions, disputes over assignment, transfer and subletting. We do not handle residential evictions.
Structural defects (10 years), habitability issues — moisture, insulation — (3 years) and finishes (1 year). Two-year limitation period from defect manifestation. Claims against developer, contractor, designer, project manager and construction manager.
Collection of unpaid fees (payment order under art. 21 LPH), challenge of community agreements (art. 18 LPH), disputes over works on common elements and defense against associations that adopt abusive agreements.
If your matter fits with one of these specific services, you should review the dedicated page:
If we recommend negotiating, it’s because we’ve determined it’s what best serves your interests.
Civil, commercial and real estate law. Technical rigor is not diluted across other areas.
Your case is handled by the attorney who signs the report.
We are familiar with the most recent case law of the Provincial Court of Madrid regarding earnest money, LOE, and commercial lease agreements.
Only if the earnest money is penitential and this is stated in the contract. If it is confirmatory — which is most common when the wording is not express — the seller cannot withdraw freely, but the consequence is damages for breach, not return of double the amount.
If it is moisture due to habitability defects, the LOE warranty is 3 years. If it is due to structural defects, 10 years. The time limit to file a claim is 2 years from when the defect appeared. You probably are, but you must act now.
If there is no opposition, between 6 and 12 months in Madrid courts. If there is opposition, longer. It is advisable to prepare the prior demand properly and, in parallel, evaluate whether there is room for out-of-court settlement.
No. Only commercial property evictions.
It depends on the agreement and the time limit. The challenge under art. 18 LPH has 1 year for agreements contrary to the law or bylaws, and 3 months for agreements contrary to ordinary operations.
With both positions. We advise developers in contract drafting and defense against claims, and we file claims against developers when the buyer is our client.
If you have a transaction to review, a deposit to claim, or an ongoing commercial lease dispute, write to us. We’ll tell you within 24 hours if we can help you.
We respond within 24 business hours. The information you share is subject to the duty of confidentiality inherent to the practice of law.