Why owners get caught out
In Spain, many property claims have short deadlines. A claim for hidden defects against a private seller, for example, must generally be brought within six months of delivery. Waiting to see whether the problem resolves itself can close the door to the claim.
Disputes we handle
| Dispute | Typical situation | Usual remedy |
|---|---|---|
| Arras deposits | The seller withdraws, or refuses to return the deposit after a condition fails | Return of the deposit or double the deposit |
| Hidden defects | Damp, structural or installation problems concealed by the seller | Price reduction, termination or damages |
| Off-plan and new builds | Delays, no licence of first occupation, defects | Recovery of stage payments under the guarantee, repairs |
| Illegal works | Buildings sold as legal that have no licence | Claims against the seller, legalisation strategy |
| Boundaries and easements | Access, rights of way, walls and plot limits | Agreement, survey, court declaration |
| Community of owners | Levies, works, unauthorised use of common areas | Challenge of resolutions, claims |
| Occupation | Squatters or tenants who do not leave | Eviction proceedings |
Deposits and arras contracts
If the seller pulls out of a sale under penitential arras, they usually have to return double the deposit. If you withdrew because a condition in the contract was not met, you are entitled to your deposit back. Agents and sellers do not always accept this. We send a formal demand and, if necessary, go to court. See reservation and arras contracts.
Hidden defects and false information
A seller is liable for hidden defects that make the property unfit for its use or significantly reduce its value, and for information that turns out to be false, such as a non-existent licence. The available actions and deadlines depend on the type of defect and on what the contract said. See hidden defects in property in Spain.
Developers and off-plan purchases
When a developer fails to deliver, payments made on account should be protected by a bank guarantee or insurance. We claim against the developer and the guarantor and, after delivery, for defects covered by the building regulations. See recovering off-plan deposits.
How we approach a dispute
- Review: contracts, emails, reports and photos, and a written assessment of your position and the deadlines.
- Negotiation: a formal demand (burofax) and negotiation with the other side or their lawyer.
- Mediation or settlement when it serves your interests.
- Court proceedings in the Balearic courts if the other side does not respond, with a clear estimate of costs and timing.
This service is provided by Castell.law, part of a Palma law firm with litigation experience in the Balearic courts. To avoid disputes before they start, see our contract review service and legal due diligence.
Before you pay a deposit, ask a lawyer
Send us the listing or the document you have been asked to sign. An English-speaking property lawyer will tell you what needs checking and what it could cost you not to.
Questions about property disputes in Mallorca
Can I get my deposit back if the seller pulls out?
Under penitential arras, a seller who withdraws generally has to return double the deposit. The exact answer depends on the contract.
How long do I have to claim for hidden defects?
Against a private seller, generally six months from delivery for hidden defects, although other actions with longer deadlines may be available. Get advice quickly.
Do I have to come to Spain for a court case?
Usually not, except for some hearings. Many matters are settled before trial, and we keep you informed by email and video call.
How much does a property dispute cost?
It depends on the claim and whether it goes to court. After reviewing the documents we give you a written estimate before you decide.