Property claims: legal defence in cases of non-compliance and real estate disputes
Expert legal advice on property claims
Property claims include all disputes arising from property sales, rentals, brokerage or property development operations. In a sector where investments are high and legal risks are frequent, having a law firm specialised in real estate law is essential to protect your assets and resolve any dispute with guarantees.
At Golden Partners, we advise individuals, developers, landlords, foreign buyers, investors and construction companies in all types of claims related to breach of contract, unjustified commissions, construction defects, withheld deposits, unfair clauses and malpractice by estate agencies. Our goal is clear: to provide effective, fast and cost-efficient legal defence.
The most common types of property claims
Every real estate dispute has its own legal nature and requires a specific strategy.
These are the most common claims we handle at Golden Partners:
Claims for unjustified commissions or without contract
Estate agencies may only charge fees if there is a valid contract and the transaction was completed through their involvement. When an agency claims commission without a contract or from a buyer without justification, the client may request a refund or challenge the claim.
We also handle cases where an agency claims commission from the seller, landlord or even for cancelling the purchase of a property, applying current legislation and case law.
Claims for breach of contract
We assist clients who have signed a purchase, deposit or lease agreement and have suffered breaches, delivery delays or changes to agreed terms.
Our lawyers draft formal demand letters to estate agencies, manage refunds of deposits and initiate legal proceedings when amicable solutions fail.
Claims for withheld deposits and retained amounts
Deposit recovery is one of the most common reasons for a claim. If an estate agency or landlord withholds a deposit or part of the amount without justification, we assist with out-of-court recovery and, when necessary, initiate legal action to recover the full amount plus interest.
Claims for construction defects and hidden faults
We represent buyers, cooperatives or investors who detect construction defects, leaks, dampness or breaches of the Spanish Building Code.
These property claims require expert reports and a solid legal basis to pursue action against the developer, builder or insurance provider.
Claims against estate agencies
Estate agencies are required to provide complaint forms and comply with the Spanish Consumer Protection Act.
If you have experienced malpractice, misleading advertising, information concealment or overcharging, we can help you file a claim with the agency, administrative authorities or the courts.
Claims procedure: how we act at Golden Partners
At Golden Partners, we design each legal strategy according to the specific case, prioritising out-of-court resolution whenever possible and pursuing judicial action when required. Our process includes:
1. Conflict analysis
Review of documents, contracts, emails, payments and clauses.
2. Preliminary negotiation
Sending a formal demand letter to the estate agency or developer.
3. Administrative or consumer claim
Filing of complaint forms and sanction proceedings, if applicable.
4. Judicial action
Drafting and filing of a property claim lawsuit, including assessment of damages and compensation.
5. Execution or collection
Recovery of funds, deposits or compensation.
How to prevent disputes through preventive legal advice
Most property claims can be avoided with proper preventive legal advice. At Golden Partners, we offer a risk prevention service that includes:
- Review and drafting of purchase, deposit or brokerage contracts.
- Analysis of exclusivity and commission clauses.
- Supervision of deposits, down payments and delivery deadlines.
- Verification of regulatory compliance by agencies and developers.
Having specialised legal advice reduces litigation and ensures that every real estate transaction is carried out with full legal certainty. Shall we talk?
Why trust Golden Partners with your property claims in Spain
- At Golden Partners, we have a team of lawyers specialised in real estate, civil and commercial law, with extensive experience in property claims.
- Our methodology combines legal strategy, effective negotiation and high-level litigation representation.
- We assist both individuals and companies, managing cases throughout Spain, and adapting our approach to the urgency and complexity of each dispute.
- Our commitment is clear: to defend your rights, recover your money and resolve the conflict with efficiency and legal rigour.
At Golden Partners, we are specialists in property claims, defending the rights of individuals, developers and companies in cases of contract breaches, construction defects or disputes related to property sales and rentals.
Our goal is to protect your investment and achieve the best possible legal outcome.
Before starting or responding to a claim, count on a legal team specialised in real estate law. You can request a call or contact us at +34 624 618 367.
Send us an email at info@thegoldenpartners.com
You can also fill in the contact form, and we will get in touch with you as soon as possible. All your personal data will be handled in complete confidence.
Frequently asked questions about property claims in Spain
Claim Spain for property deposit
If you have lost a property deposit in Spain, you can file a claim against the seller, developer or agency under Spanish Civil Law. The law requires deposits to be returned if the contract is not fulfilled by the other party, unless a valid forfeiture clause applies. At Golden Partners, we help clients recover deposits plus interest through negotiation or legal proceedings before Spanish courts.
How to claim back 3% tax on property in Spain
When non-resident property sellers in Spain sell their property, the buyer must retain 3% of the sale price as a capital gains tax withholding. If the seller made no taxable profit, they can claim back the 3% from the Spanish Tax Agency (Agencia Tributaria) within four years of the sale. Our team at Golden Partners assists in preparing and submitting the refund request with full documentation.
Can you claim land in Spain?
Yes, it is possible to claim ownership of land in Spain through a process known as usucapión or adverse possession, regulated under the Spanish Civil Code. The claimant must prove uninterrupted, public and peaceful possession of the land for a specific legal period, usually 10 to 30 years, depending on circumstances. Golden Partners provides legal representation to verify, register and defend property rights in such cases.
Can I claim a new bathroom on a rental property?
In Spain, expenses for improvements such as a new bathroom in a rental property cannot usually be deducted immediately. They are considered capital improvements, which can be depreciated over time according to Spanish tax law. However, repairs or maintenance costs may be deductible in the same tax year if they do not increase the property’s value. At Golden Partners, our tax advisors can determine the correct classification and deduction process.
Can you claim mortgage interest on a rental property?
Under Spanish tax law, mortgage interest paid on a rental property can be deducted as an expense when calculating rental income tax. The deduction applies only to the portion of the loan directly related to the rented property. Non-resident landlords who pay income tax in Spain can also apply this deduction under certain conditions. Golden Partners advises landlords on how to apply these deductions correctly and in compliance with Spanish tax regulations.