Category archives: Off-Plan Deposit Claims

For readers unfamiliar with the legal framework protecting off-plan buyers in Spain, our detailed guide on Law 57/1968 and bank liability claims explains how Spanish courts have developed one of the strongest consumer protection systems in Europe. Law 57/1968 Recovery Guide: https://www.costaluzlawyers.com/off-plan-bank-guarantee-claim-spain-guide-2026/ For more than a decade, Spanish courts have…

How off-plan buyers in Spain recover deposits plus statutory interest under Ley 57/1968: the Supreme Court doctrine, the 5-step claim process, and what banks remain liable for in 2026.

The Spanish Supreme Court Judgment 443/2026 (23 March 2026) provides a valuable opportunity to revisit two recurring issues in litigation under Law 57/1968: the attempt to exclude its application by broadly characterising the purchaser as an investor, and the argument that banks cannot be held liable because they were unaware…

The Spanish Supreme Court strengthens buyer protection in off-plan housing Banks remain liable even when homes are built under a surface right The Spanish Supreme Court has once again addressed one of the most sensitive issues left by the real-estate crisis: advance payments made for homes that were never built….

After our recent post on the “black holes” in Spain’s off-plan buyer protection system, today—and to help international buyers in Spain better understand our framework compared to what they may be used to at home—we’ve put together the following comparison table. If you’re new to the topic (or want the…

Updated January 2026 Benahavís has become one of the most active locations on the Costa del Sol for high-end off-plan developments, attracting international buyers looking for new-build properties close to Marbella, La Quinta and exclusive golf resorts. But buying off plan is not simply a lifestyle or investment decision. It…

This article is prompted by a real, current off-plan matter that remains unresolved—and it highlights a pattern we are seeing again: sophisticated payment structures being used to dilute statutory protections. Law 57/1968 (now reflected in Law 20/2015) establishes two obligations: first, the developer’s duty to provide the buyer with the…

This is another CostaLuz Lawyers victory, delivered hand in hand with our litigators at DeCastro Gabinete Jurídico—an alliance born in 2008 when Keith Rule knocked on our door; Keith has been a member of the CostaLuz Lawyers team for years. On 5 November 2025, our CostaLuz/DeCastro teams were formally notified…

Updated January 2026 Thinking about an off-plan purchase in Marbella? You’re in good company. The Golden Mile, Nueva Andalucía, and Marbella East are buzzing with high-spec projects—sea views, serious amenities, and architecture that actually respects the setting. At CostaLuz Lawyers, we’ve spent two decades guiding English-speaking buyers through Spain’s off-plan…

Posted on [Thursday] by María You’re reading 4/6. Read: 1 | 2 | 3  Spanish law protects off-plan buyers — but you still need clear exit rights in the contract. A solid withdrawal (rescission) clause turns legal theory into a practical refund when deadlines slip, licences don’t arrive, or the property delivered isn’t what you…

Introduction:When buying property in Spain—especially in regions like Andalusia, Valencia, or the Balearics—it’s essential to go beyond the listing and beautiful photos. One of the most important (yet often overlooked) steps is requesting and reviewing an urban planning report (informe urbanístico). This document, issued by the local Town Hall (Ayuntamiento),…

On March 24, 2025, Ignacio Sancho Gargallo officially assumed the role of President of the Civil Chamber of the Spanish Supreme Court. This appointment marks a new chapter in Spanish jurisprudence, especially in areas as crucial as off-plan property sales. Sancho Gargallo is well-known for his rigorous and detailed approach…