Property Litigation in Valencia – Legal Risks for Foreign Buyers

Valencia has become a hotspot for international property buyers — but not every transaction goes smoothly. From defective construction to unpaid deposits or co-ownership conflicts, property litigation is increasingly common. If you’re a foreign buyer facing legal trouble over real estate in Valencia, this guide explains your options and how to defend your rights in Spanish courts.


⚠️ 1. What Triggers Property Disputes in Valencia?

Foreigners often end up in court over:

  • ❌ Breach of sale contracts or failure to deliver the property

  • 💰 Disputes over deposits (arras) that are withheld or forfeited

  • 🧱 Hidden construction defects or unfinished work

  • 🗺️ Zoning and licensing problems with the town hall

  • 🏘️ Inheritance or shared ownership disputes

  • 📑 Misrepresentation of legal status, liens, or debts on the property

📌 Many cases arise when buyers sign without legal review, or rely only on the agent’s advice.


⚖️ 2. Where Are These Disputes Handled?

Legal property conflicts are usually handled in the:

  • Juzgados de Primera Instancia de Valencia (civil court)

  • Administrative courts (for permits/zoning matters)

  • Commercial courts (if companies or developers involved)

✅ Your lawyer will determine where to file depending on whether it’s a civil, administrative, or commercial claim.


📄 3. Deposit & Reservation Disputes (Arras)

Most Spanish property deals start with a contrato de arras:

  • Penitential arras (most common) allow either party to withdraw

  • If the buyer cancels, the deposit is lost

  • If the seller cancels, they must return double the deposit

📌 These contracts are enforceable in court — especially when clearly drafted and signed by both parties.


🏗️ 4. Construction & Developer Problems

Common claims include:

  • 🧱 Structural defects

  • 🚫 Delays in delivery

  • 📝 Non-compliance with plans or quality guarantees

  • ❌ Missing license of first occupation (LFO)

✅ Spanish law allows you to sue for damages, repairs, or refund — often using building inspections as evidence.


🏚️ 5. Ownership Conflicts & Hidden Liens

Foreign buyers sometimes discover:

  • The property was co-owned or partially inherited

  • There were unpaid taxes or charges affecting title

  • The seller was not authorized to sell (e.g. family dispute)

  • A tenant has legal right to remain, blocking full possession

📌 These issues may lead to lawsuits to clarify title, evict occupants, or seek compensation.


📜 6. How to Litigate from Abroad

You don’t have to be in Spain to take action. With:

  • A trusted litigation lawyer

  • A notarized power of attorney (POA)

  • Legal copies of contracts and transfers

  • Proof of payment or deposit

  • NIE (tax number) and ID

✅ You can enforce your rights remotely, with full representation in Valencia’s courts.


👨‍💼 7. How Borderless Lawyers Helps Foreign Buyers

We connect you with:

  • Valencia-based litigation lawyers who know Spanish property law

  • Specialists in construction disputes, deposit recovery, and fraud

  • Bilingual teams that work with investors and retirees

  • Fast legal action to protect your funds and stop improper sales

  • Court representation even if you’re abroad


📩 Conclusion & CTA

Property disputes in Valencia can be costly — but the legal system offers strong protections if you act quickly. With expert legal help, you can recover your deposit, fix the title, or sue for damages.

👉 Involved in a property dispute in Valencia?
Contact Borderless Lawyers and we’ll connect you with a litigation specialist who protects foreign buyers in Spanish real estate cases.

error: Content is protected !!