Updated January 2026
Buying property in Spain, especially off-plan, has historically been an area where buyers need to exercise extreme caution. One recurring issue is misrepresentation of the surrounding land and environment during the sales process.
A current example involves properties sold with assurances — sometimes verbal, sometimes through promotional materials and scale models — that the adjacent land was protected, natural, and not subject to further development. Yet, in some cases only months later, plans have emerged for additional housing on that very land.
Developers may avoid putting such assurances into formal written contracts, but still emphasize them strongly in sales pitches and advertising campaigns. Even so, under Spanish and EU consumer law, advertising and promotional materials form part of the contractual relationship. Spanish courts, supported by European jurisprudence, have repeatedly recognized the legal value of marketing claims when assessing the rights of property buyers.
Why this matters for buyers
For many international buyers, the promise of a peaceful environment — surrounded by green or protected areas — is a decisive factor in choosing to purchase a home in Spain. The sudden appearance of construction projects next door undermines not only the property’s market value but also the quality of life and trust that were central to the purchase decision.
At CostaLuz Lawyers, we have litigated for nearly two decades on cases of misrepresentation in off-plan sales. While the specific facts may vary, the common thread is that marketing promises are not mere “sales talk.” Under Spanish consumer protection law, they carry binding weight as part of the contractual object to be delivered.
Legal tools available
- Spanish Consumer Law (RDL 1/2007, Articles 61 & 65): Requires truthful and complete information in consumer contracts, including real estate sales.
- Royal Decree 515/1989: Specifically governs the information that must be provided in property sales, making promotional material part of the contract.
- Case law: Spanish and EU courts have confirmed that misrepresentations in advertising, even if not written into the contract, can justify remedies such as compensation or contract rescission.
What buyers should do
- Keep all advertising and promotional materials (brochures, emails, scale models, photographs, website screenshots).
- Record verbal assurances if possible, and note the context in which they were given.
- Act quickly if new developments contradict what was promised during the sales process. Early legal action can prevent further loss of rights.
Our role
At CostaLuz Lawyers, we have recovered millions of euros for clients through off-plan litigation since 2006. We continue to represent buyers who face situations where the property delivered does not match what was promised — whether the issue involves size, qualities, or the surrounding environment.
For affected buyers, it is crucial to seek independent legal advice. Real estate agents, promoters, and even some legal advisers tied to the industry may downplay the issue. An independent lawyer, free from developer influence, ensures that your rights as a consumer are fully protected.
About CostaLuz Lawyers and María de Castro
Get a free written analysis of your case
Email your questions to marialuisa@costaluzlawyers.es and our team gives you a free, personalised written analysis — you can attach any documents or forms. Once everything is clear in writing, we offer an optional free introductory call. The initial written analysis carries no fee (international tax consultancy starts from €200 + VAT).
Email your case → marialuisa@costaluzlawyers.es · WhatsApp · Book the optional intro call
You can read testimonials from hundreds of satisfied clients, going back to 2006, on our website, on Google Reviews and on EyeonSpain.
Why choose a law firm in Algeciras for an off-plan purchase anywhere in Spain?
Because the distance is part of the advantage: we’re not embedded in the local sales ecosystem of any one hotspot, which helps us stay truly independent and focused on what can be proven in writing—contract terms, payment protections, bank guarantees, milestones, and exit rights. Off-plan purchases follow national legal standards across Spain, so what matters most is specialist experience and a disciplined process, not postcode. We’ve been specialising in off-plan property law since 2006, guiding international buyers from reservation to completion with clear due diligence and robust risk control.
About CostaLuz Lawyers and María de Castro
You can read testimonials from hundreds of satisfied clients, going back to 2006, on our website, on Google Reviews and on EyeonSpain.
María de Castro, is Abogado/Lawyer no. 2745, Ilustre Colegio de Abogados de Cádiz. CostaLuz Lawyers has supported international buyers since 2006 on EyeonSpain with guidance and advice on the legal aspects of life in Spain. Included in the lawyers lists of the UK and Ireland embassies. Updated 22 Nov 2025.
María Luisa de Castro’s work, founder of CostaLuz Lawyers, is backed by a strong presence in specialist media and professional directories. Her track record as a Property Law and Consumer Real Estate Law (Derecho de Consumo Inmobiliario) specialist can be seen in her guides for international audiences on Expatra, in her long-running blogs on Spanish off-plan protection and Ley 57/1968 on EyeOnSpain , in her legal analysis for Confilegal and Legal Today, and in her contributions for the Spanish Bar Council (Consejo General de la Abogacía Española) and the Centre for Consumer Studies at the University of Castilla-La Mancha.
Her work is also profiled on international retirement and expat platforms such as Retirement Abroad, and has been highlighted by expat media including The Olive Press News Spain and The Local Spain among other specialist expat and legal forums.
Her legal work has also been featured or referenced in respected international and Spanish media, including The Telegraph, The Times, the BBC, El País and El País English, The Local Spain, The Olive Press and other reputable outlets, particularly in connection with landmark court rulings on Ley 57/1968 and Spanish consumer protection.
CostaLuz Lawyers is also included in the official lists of English-speaking legal professionals for British and Irish nationals in Spain, as compiled by the UK government’s “Spain: list of lawyers” and by the Embassy of Ireland in Spain and its honorary consular network.
For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
Off-plan purchase gone wrong?
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Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.
Quick Answer — Recovering Off-Plan Deposits in Spain
For more than 20 years, CostaLuz Lawyers has specialised in off-plan property litigation and the recovery of buyers’ deposits.
We have acted in over 620 successful claims against Spanish banks and developers and have followed the evolution of the law from Ley 57/1968 through the landmark Supreme Court judgments and the later reforms introduced by Law 20/2015 and the Building Act (LOE).
Our team understands not only the legislation itself but also the judicial interpretation, procedural challenges, unresolved legal issues, and developing case law that continue to shape this area of Spanish property law.
Where a developer fails to complete a property, becomes insolvent, or fails to provide the required guarantees, buyers may still have strong claims against developers, guarantor banks, insurance companies, or the banks that received their deposits.
This is general information and does not constitute definitive legal advice. Each case requires individual analysis.
This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
We always recommend personalised review by a qualified professional. For most of our services, initial personalised guidance is free of charge. Get in touch.