With its beaches, lifestyle, and affordability, Alicante has become a hotspot for foreign property buyers. But not every transaction goes smoothly. If you’re facing issues like construction defects, contract breaches, or undisclosed legal problems, you may need to take legal action. This article outlines how property litigation in Alicante works — and how foreigners can protect their investment through the Spanish legal system.
⚠️ 1. Common Property Disputes in Alicante
Foreign buyers often end up in court due to:
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❌ Breaches of purchase contracts (failure to deliver or transfer)
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💰 Unreturned deposits or “arras” conflicts
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🧱 Construction defects and poor-quality finishes
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🏚️ Missing or invalid building licenses (e.g. LFO)
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🏘️ Problems with inherited or co-owned properties
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🚪 Occupancy issues (e.g. squatters or tenants refusing to leave)
📌 These issues are common in coastal areas like Benidorm, Torrevieja, and Jávea, where foreign demand is high.
📄 2. Understanding the Arras Contract
The arras contract is a key document in Spanish property transactions. It typically:
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Reserves the property for the buyer
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Requires a 5–10% deposit
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Includes penalties:
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If the buyer pulls out → they lose the deposit
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If the seller pulls out → they must pay double
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📌 These terms are legally enforceable — but only if the contract is properly drafted and signed.
🧱 3. Construction Defects & Delays
Buyers can sue for:
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🧱 Structural issues
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🚧 Incomplete works
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❌ Breach of timelines
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🪵 Use of substandard materials
Under Spanish law, developers and builders are liable for up to 10 years depending on the nature of the defect.
✅ A technical report (perito) is usually required as evidence.
🏛️ 4. Which Courts Handle Property Litigation in Alicante?
Your case will likely go to:
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Juzgados de Primera Instancia de Alicante – civil real estate disputes
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Administrative courts – issues involving permits, licenses, or town hall decisions
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Juzgados de lo Mercantil – for claims against developers or construction companies
📌 Your lawyer will file your case in the appropriate venue based on the nature of the dispute.
🌍 5. Can Foreign Buyers Sue from Abroad?
Absolutely. You don’t have to return to Spain. You’ll need:
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🪪 Passport and NIE
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📜 Purchase contract and proof of payment
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📝 Technical reports, emails, and communications
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🖋️ Power of attorney (POA) notarized for Spanish court use
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📃 Translations if the documents are not in Spanish
✅ Most of our clients handle their litigation entirely remotely through our legal partners in Alicante.
👨💼 6. How Borderless Lawyers Helps Foreign Buyers
We connect you with:
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🏛️ Alicante-based real estate litigation lawyers
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🔍 Experts in construction, contract, and title issues
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🌐 Bilingual legal teams who can represent you 100% remotely
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⏳ Fast assistance with injunctions and urgent court measures
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💬 Clear advice, timelines, and fee structures
📩 Conclusion & CTA
Legal issues with your Alicante property can be resolved — but the Spanish court system requires precision, timing, and a qualified local team. Don’t let the complexity stop you from defending your rights.
👉 Facing a property dispute in Alicante?
Contact Borderless Lawyers and we’ll connect you with a litigation expert who protects foreign buyers in Spain — quickly and effectively.