WeLex, your litigation lawyer in Marbella
Have you bought a property in Spain and are having your right disputed by a third party? Someone has come forward with a title prior to your purchase claiming the property you have acquired in Spain.
Our law firm WeLex, litigation lawyers in Marbella, can assist you in defending the property you have acquired in Spain by fighting the right of the person disputing it or claiming the corresponding compensation from the person transmitting it to you.
Leaving aside the possible actions to which you can have access by filing lawsuits or complaints before the criminal court whose assistance can also be carried out by our criminal lawyers. From a civil perspective, you can claim against anyone who disputes your purchase for a prior right or who transmits it to you in exchange for a price.
WeLex, your English speaking litigation lawyer in Marbella has the pleasure to announce that the civil code in Spain includes as one of the obligations of the seller the Warranty of title, term from the Latin, “Evincere” which means to win in court, to provide in Article 1461 of the civil code, “that the seller will respond to the buyer:
- Of the legal and peaceful possession of the thing sold.
- Any hidden faults or defects.
In the scope of these lines we move on the first of these paragraphs whose context we find in Article 1475 of the Civil Code when it says that the eviction will take place when the buyer is deprived by judgement signature and under a prior right of purchase, of all or part of the thing purchased.
This definition of the warranty of title is especially significant with respect to the protection of the buyer, given that access to the property register, in the Spanish legal system, is voluntary. There are extra-registry rights and obligations that may affect, and in fact affect, the property directly, being outside the protection provided by the public registry of article 34 of the mortgage law in Spain.
Finally, our firm’s litigation lawyer in Marbella must point out that the seller’s liability action can be brought not only when the thing sold has been deprived but also when part of it has been deprived of such importance with respect to everything that without that part it would not have been bought.
Our litigation lawyers in Marbella, the heart of the Costa del Sol, Spain can provide you with services to claim the amounts you have surrendered and to combat the prior right to purchase in the different sectors of the Spanish legal system whether civil or criminal, filing lawsuits or complaints thus ensuring the rights of our clients.
Do not hesitate to contact some of our litigation lawyers in Marbella for any civil or criminal matter you may have in Spain.