Mallorca’s high-end property market attracts international buyers looking for second homes, rentals, or retirement investments. But buying property in Spain isn’t always smooth. If your purchase went wrong — due to construction issues, contract breaches, or hidden legal problems — you may need to pursue property litigation in Mallorca to defend your rights and recover losses.
⚠️ 1. Common Property Disputes Faced by Foreign Buyers
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💰 Deposit disputes (arras contracts not honored)
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🧱 Structural defects or incomplete construction
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📄 Hidden debts or encumbrances on title
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🔐 Occupants refusing to vacate the property
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🧑💼 Agent or developer fraud
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📆 Delays in handover or breach of agreed terms
📌 Areas like Calvià, Andratx, Pollensa, and Palma are high-risk due to volume of luxury foreign deals.
📜 2. Arras Contracts: Enforceability and Litigation
The arras contract is a reservation agreement, typically with a 5–10% deposit:
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If the buyer cancels → they lose the deposit
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If the seller cancels → they must pay double the amount back
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If neither party fulfills the deal → litigation can result
✅ Spanish courts enforce arras terms if properly drafted.
🧱 3. Suing for Construction Defects
Buyers can file claims under Spanish law for:
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🧱 Structural problems (up to 10 years of liability)
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🧰 Faulty installations or lack of permits
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🛑 Abandonment of the build by the developer
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🏚️ Health or habitability violations
📌 A technical report (informe pericial) by an architect is usually required for court cases.
🏛️ 4. How and Where to Litigate
Most property-related litigation takes place in:
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Juzgados de Primera Instancia de Palma de Mallorca
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Administrative courts (for licensing/zoning disputes)
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Juzgados de lo Mercantil (if suing a developer/company)
🧾 Claims typically begin with a civil lawsuit supported by contracts, invoices, expert reports, and POA.
🌍 5. Can Foreign Buyers Litigate from Abroad?
Yes — most property cases are handled remotely. You’ll need:
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🪪 Passport and NIE
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🖋️ Power of attorney (POA) for your Spanish lawyer
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📄 Contracts, payment proof, email exchanges
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🧾 Expert assessments or inspection reports
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📑 Translations for non-Spanish documents
✅ A local litigation lawyer in Mallorca can represent you in full without travel.
👨💼 How Borderless Lawyers Supports You
We help foreign buyers:
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Find trusted real estate litigation lawyers in Mallorca
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Enforce deposit refunds or sue for construction failures
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Act against sellers, developers, or squatters
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Manage all documents, POAs, and expert evaluations
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Communicate clearly in English or your preferred language
📩 Conclusion & CTA
If your dream property in Mallorca turned into a legal nightmare, don’t give up. With the right legal strategy and experienced counsel, you can protect your investment and enforce your rights.
👉 Need help with a property dispute in Mallorca?
Contact Borderless Lawyers — we’ll connect you with a qualified local expert to represent you in the Spanish courts.