LEGAL ADVICE/SOLICITORS

Sometimes I think people forget (because we do so much) that we also provide legal advice!

The Spanish Legal system works very differently from that which most people are used to and matters that could be easily resolved in your own country become bewildering when in another, due to differences in the law or in the language. Our English speaking Solicitor can assist with you with a variety of Spanish legal services.

Whether you need assistance in applying for building permissions for house renovations or require legal representation to look over contracts, we are here for you.

We cover diverse legal services and provide assistance with all aspects of legal work that may be required from Spanish Solicitors.

PROPERTY LITIGATION

Unfortunately there are people who have purchased off-plan properties and there may have been a breach of contract on the part of the developer, as the property has not been built as planned (as they were sold without the required building licences) or there has been a breach of contract by the developer not building the property within the time frame originally agreed. Alternatively, the developer has not built the property to the standard originally promised in the contract (not in accordance with the building plans).

If the developer may have been in breach of contract, you have the right to make a legal claim. If you would like to request our legal assistance and discuss the case, please advise us. For all consultation appointments, we merely charge 50€.

TENANT PROBLEMS IN A SPANISH PROPERTY

Having a tenant in a property (either residential or commercial) does not always go smoothly and if you are having problems and require help with a non paying tenant or one that is causing disruption or damage and would like to request our legal assistance to discuss tenant eviction, please let us know.

EMPLOYMENT

Worried about Employment issue in Spain? Whether it is an employment law dismissal case, or advice on employment issues regarding staff in your company, you may at times need an employment lawyer in Spain.

FAMILY

Are you dealing with Separation agreements, how to get a divorce in Spain or child custody arrangements? We have helped sensitively with many cases of divorce in Spain, separation, child custody, maintenance arrangements etc. If you need a divorce lawyer or a family lawyer or would like our assistance with another matter, please contact us.

INHERITANCE

Spanish probate services. We are able to deal with inheritance in Spain and Spanish probate, both explaining to you the inheritance tax payable on your estate at the present time and, managing the probate process for your heirs after your death. Whether or not a Spanish Will has been made, we prepare all the Spanish documentation required and handle the tax payable.

GENERAL LITIGATION

There are times that you may wish to bring a legal action against a person or company that you believe has caused you damage or loss as a result of their actions.

If you need a business lawyer in Spain or a dispute lawyer, we are able to assist with negotiating between you in order to endeavour to try to resolve the dispute and if this is not possible, to bring it to Court.

 

PERSONAL INJURY

With a personal injury claim, we will initially advise on the likelihood of successfully pursuing the claim and the possible compensation that you may recover and then assist you throughout the process.

CRIMINAL LAW

We have assisted with a variety of criminal cases including domestic violence, fraud, traffic accidents, drink driving defence and assaults.

ADMINISTRATIVE PROCEEDINGS

Certain legal situations are dealt with by government-appointed boards or tribunals, rather than by courts of law. “Administrative Law” refers to the area of law which relates to boards and tribunals, their activities, and the hearings before such bodies.

Among the matters dealt with by such administrative bodies are land use, land development, labour relations, landlord and tenant rights, and income and property taxes.

CIVIL LAW

The field of civil litigation relates to all kinds of disputes, from contractual to personal injuries. Matters relating to social security, pensions, creditors rights, builders’ liens, debt collection and wrongful dismissal also fall within civil litigation.

TRADEMARKS, COPYRIGHTS AND PATENTS

We know ourselves how serious (and downright annoying) it is when another business or person attempts to copy and use your trademark or logo. Intellectual property and trademarks used to differentiate a service or product are important. Proper searching and registration of trademarks, copyright and patent protection is important to protect your property and prevent future patent and copyright problems.

If you need a Spanish intellectual property lawyer or patent solicitor in Spain or require our assistance with any of the above matters please contact Amanda on sales@spanishsolutions.net.

It also goes without saying I hope, that we have 7 years of experience of conveyancing and the legal process of buying and selling houses in Spain, so please contact us also if you need a conveyancing solicitor.

DECEMBER & XMAS HOLIDAYS PART 2

24th December - Christmas Eve is called Nochebuena in Spanish (Goodnight) and it is the most important family gathering of the year.

In the evening people often meet early for a few drinks with friends then return home to enjoy a meal with the family. Most bars and restaurants close in the evening.

Prawn starters followed by roast lamb would be a typical meal rounded off with a typically Christmas sweet called turrón which is a nougat made of toasted sweet almonds. You see this on sale everywhere.

Another typical festive sweet is called Polvorones, which is made from almonds, flour and sugar. Cava , Catalan champagne, would be the chosen drink for the Christmas toast though plenty fine Spanish wines will also be consumed with the meal.

25th December - Children may receive a small gift on Nochebuena or this morning but the day for presents is 6th January, Epiphany, when the Three Kings bring gifts for the children.

Christmas Day is a national holiday in Spain and shops are closed but it is not a day of great celebration but rather a calm day when people go out for a walk, drop into a bar, etc.

Another large family meal at lunchtime is common though it’s becoming more common to see families eating out on the afternoon of Christmas day.

28th December - This is the day of Santos Inocentes (Holy Innocents) and is the equivalent of April Fools’ Day when people play practical jokes on one another. Often the national media will include a nonsense story in their broadcasts.

31st December - New Year’s Eve is known as NocheVieja.

It is a big celebration all over the country with street parties and special nights in hotels and clubs everywhere. Until midnight people tend to stay at home and on the stroke of midnight it is traditional to eat 12 grapes, one on each stroke of the clock to bring good luck for the New Year.

In Madrid and other main cities revellers congregate in the main square and eat the grapes along with a celebratory bottle of cava then head out into the night until after sunrise.

XMAS HOLIDAYS

Please note that our office will be closed from the 24th^th December to the 1st^th January 2012 inclusive. The office will re-open at 9am on the 2^nd January 2012.

UK OR IRISH REGISTERED VEHICLES IN SPAIN

We still get many questions about this issue and I will try to explain the situation.

As a resident or non resident, you may bring an Irish or British car to Spain, but if the car is here more than 6 months, you must register the vehicle onto Spanish plates.

The police are now clamping down heavily on illegal cars and imposing fines of up to 3,000€ on cars which they can prove have been here more than 6 months. Any UK or Irish plated car that has been here longer, must be registered with the Spanish authorities, Spanish plates issued and Spanish taxes paid. I have known personally of two people in this area who were stopped and told by the police they had noted them over 6 months ago and they had to now do this or be heavily fined.

Occasionally you can avoid import tax on newer models by obtaining a Baja Consular from the British Consulate, which we can do, but this does depend on your particular circumstances.

Non residents who keep a car here pay import the duty, which is calculated according to the make and model of the car and it´s CO2 emissions.

We can matriculate your car for 550€ including the ITV (MOT), engineer´s report, plates and fitting and several visits by us to Alicante to deal with the paperwork. This fee does not cover the cost of changing headlights to European type ones and fitting.

When purchasing a car, be very careful to ensure it has a valid ITV certificate, up to date road tax and legal sellers´ documentation. When there is a change of ownership, you should be aware that the Traffic department charge a 4% government tax on the book value. We will complete the paperwork for you on a change of ownership for 150€ (there are also Trafico fees of 50€).

It is also prudent to undertake a debt check (we charge 30€) as if there is any outstanding finance still on the car, after transfer you will be liable for this.

Any Spanish car should have a Permiso de Circulación (which makes it legal to drive the car) and a trajeta de inspección technical or certificate of roadworthiness (like a MOT). If you sell your car, you need to be sure that someone has done the transfer properly at the Traffic department, otherwise you will still be liable for Road tax annually (SUMA) on the vehicle and worse the new owner could run up fines for which you will be liable.

Don´t just trust the buyer if a private sale that this will be done, have it done properly please. We have seen some horrible problems where the seller loses touch with the buyer and it becomes a nightmare.

CHANGE OF DRIVING LICENCE

A non-resident can use an Irish or British licence to drive in Spain, providing they are here less than 6 months.

If you are a Spanish resident, you should change your driving licence to a Spanish one. We offer a full service, and it costs 160€ plus 26€ Trafico tax.

Finally, just a reminder of the long list of legal requirements the police here like you to have in your car at all times:

Drivers Licence (photographic/and or paper counterpart)

Passport, Identity card or notarized version

Permisiso (permission to drive booklet if you are resident)

Up to date SUMA (road tax) from SUMA office or bank will stamp it has been paid

Up to date insurance papers

Valid ITV (MOT) sticker on windscreen (top right hand corner) and paperwork)

Spare of glasses if used for driving (yes, it is true)

First Aid kit (fully stocked)

2 x High visibility vests

2 x Reflective warning triangles (placed 100m front and back if you have to stop)

Spare wheel

Spare light bulbs

Appropriate tools to replace bulbs and wheels

Please contact Amanda on sales@spanishsolutions.net or Helena on frontdesk@spanishsolutions.net if we can help with any of these matters.

COMASKEY PROPERTIES PROPERTY MANAGEMENT AND LETTING

We have mentioned before that Comaskey Properties across the road have efficiently arranged long term rentals for some time.

Demand for well furnished and presented rental properties is very high and they are always looking for more properties, especially 3 or 4 bedroom villas around La Zenia, Villamartin, Playa Flamenca, Punta Prima, Los Dolses and Cabo Roig. They actually have a waiting list of tenants for these properties.

Comaskeys inspect the property regularly once every fortnight. They check that all utilities are connected & operational, that there are no leaks, infestations or problems, that all windows & doors are secure, all locks are in working condition and all fittings are in good order. They leave a check list form in the property signed by their member of staff who checked the property, dated & signed.

At the end of every calendar month, they email to update you with regard to your property and facilitate the entry into your property of any tradesmen authorised by you. They charge a very reasonable 300 euro for the key holding service per annum.

For long term up to 11 months rental with the option to renew, it is free to advertise your property and if they find you a good tenant, they take the first months rent, then a 12 % per month management fee. Please feel free to ask for more details direct, with Susie (valuespain@gmail.com).

If you have a property that you would like to rent out long term contact Susieor Claire at Comaskey Properties with details of your property or telephone 00 34 966773453. You will find them friendly, helpful but above all professional and everything done properly as it should be by a managing estate agent.

MURCIA CITY (A DAY OUT)

If you are wondering what to do on your next visit for a day out, consider a day in Murcia.

The city was founded by the Arabs during the 1^st century. Since then, it has been a crossroads for different civilizations and core of the Mediterranean as it occupies an important location on the Rio Segura. The impressive Basilica (Cathedral), which sits opposite the modern Tourist Office, makes a great starting point right in the heart of the city.

From here, explore the colourful, lively, little plazas that nestle in between the narrow streets. Murcia has an overwhelming array of museums, art galleries and centres and beautiful historic buildings.

It has the largest out of town shopping complex in the area as it consists of two malls and Ikea, not to mention the football stadium of Real Murcia. The Nueva Condomina mall is set over two floors. It has shops throughout including the hugely popular Primark as well as some small boutique-like outlets. Outside there are many large stores such as the electrical giant Media Markt and the DIY store Leroy Merlin. The Thader Mall also has two stories of much the same stores. Ikea is just the same as all the other Ikeas!

Places of Interest in Murcia

• Tourist Office: more information about the museums, cathedral and buildings, as well as the walking routes. Remember that most museums are closed on a Monday and for siesta which is generally 14.00-16.00 in the winter and 14.00-17.00 in the summer.

• Shops: many boutique style shops as well as the usual collection of well known high street names in the centre plus the out of town shopping malls called the Nueva Condomina, Thader and a massive Ikea.

• Rio Segura: path either side of the river and botanical garden a short walk from the city centre.

• Murcia Football Stadium: watch Murcia’s football team play their home matches.

Ideas of things to do in Murcia

To get to know the city in one day we suggest starting from the underground car park (charged for by length of stay) with a visit to the tourist office. Relax with a coffee in the square to admire the impressive Cathedral before spending some time wandering around inside it.

Then follow the Tourist office walking route (or find your own) for a great introduction to the city and its narrow streets and quirky plazas, stopping where you please.

• Visit some of Murcia´s many museums, art galleries and churches whilst they are open in the morning, enjoy lunch and sample some typical Murcian food, during the afternoon take a stroll beside the river Segura and relax in the botanical garden.
• Then head to the two massive out of town shopping malls; the Nueva Condomina, Thader (with a multi lane bowling alley) and the huge Ikea for some retail therapy.
•  Take a look at the website for Murcia’s Football Club

www.realmurcia.es and watch one of their home games.

Museums and other places of interest

• Salzillo Museum : holds the most important processional religious images by the world-famous wood carver, Francisco Salzillo, 550 Christmas Crib figures and the platforms bearing groups of life-size Biblical figures, which are carried down the streets in the Easter Processions.

• Fine Arts Museum : displays paintings by Spanish artists from the 16th to the 20th century.

www.museosdemurcia.com/mubam/webing/index.php

• Archaeological Museum : houses a collection of Iberian, Roman, Greek and Moorish artifacts.
• Cathedral Museum: has a great collection of religious art, including sculptures and altarpieces.
• Museo de la Archicofradía de la Sangre : housed in El Carmen Church is an exhibition of the religious sculpture works known as the ‘most precious blood of Christ’.
• City Museum : in Junterones Palace there are interactive displays about the city’s 2000 year history.

• San Juande Dios Church Museum : houses a permanent exhibition of religious imagery from the 16th to the 19th centuries including various woodcarvings.
• Museum of the University of Murcia : exhibitions on different subjects like science and art.
• Aquarium of The University Of Murcia : A research facility that has been opened to visitors it has tanks of reefs with corals and fish from the Indian Ocean, the Pacific Ocean, the Red Sea, the Caribbean Sea and of course the Mediterranean and the Mar Menor.
• Ramón Gaya Museum : set in a beautiful mansion, the Palarea house, it holds the works of Ramon Gaya one of the best contemporary Murcian artists.
• Science and Water Museum : with water as its main theme, it also has a children’s planetarium, science square and perception modules.
• Bullfighting Museum of Murcia : Founded in 1919, it contains posters, bullfighter’s costumes and utensils, it also has a specialist library and video collection.
• Regional Craft Centre : displays work of artisans from all over Murcia, also has items for sale.
• Casino of Murcia Building : built in 1847 it boasts of a beautiful library, an enigmatic powder room, a magnificent Arabic Patio and a splendid neo-Baroque dance hall.
• Episcopal Palace : made up of two parts, the ‘bishops view point’ which gives views over the river and the ‘main body’ which looks out onto the cathedral square.
• Rio Segura : a path runs either side of this river through the city centre.

POLICE IN SPAIN - THE DIFFERENT TYPES OF SPANISH POLICE

Few things can confuse people moving to Spain more than the different Spanish police forces that exist throughout the country – each of which wears a different uniform and each of which has a different ambit of operation from the other force!

Of course, most people can recognise the Guardia Civil in their green uniforms and (when on ceremonial duty) black tri-corner hats. However, who are the other police and what do they do

The truth is that the Spanish police is essentially composed of three forces: the Guardia Civil, the Policia Nacional and the Policia Local. Some regions though have their own police forces – all of which, in these areas, are in place of the Policia Nacional.

The three main forces are:

1. Guardia Civil. To all intents and purposes the Guardia Civil are a conventional police force who operate in exactly the same way as the police of any other modern European country. They have the resources, powers and facilities of a normal police force and are generally admired within Spain for their high level of discipline and professionalism. Whilst they are a military force (with military ranks) in peacetime they act under civil authority and have no extraordinary powers.

Importantly, the remit of the Guardia Civil is to police rural areas and towns under around 20,000 people. So, they do not operate in urban areas with a population over approximately 20,000 people. If you suffer a crime or you need police help in a rural area of Spain then it is to the Guardia Civil to whom you must turn – and who will attend to the investigation of any problem.

2. Policia Nacional. The Policia Nacional are normally dressed in black uniforms with white shirts but they can be seen also wearing blue, military style uniforms. Like the Guardia Civil, they are a conventional police force – albeit that they are a completely civil force with civil (rather than military) ranks. It is to them that you must go if you suffer a crime or need police help within an urban area – and it is only the Policia Nacional who will respond to (or investigate a crime) in a town of some 20,000 people or more.

3. Policia Local. Finally, there is the Policia Local. This is a force which is recruited, funded and controlled by local town halls and that is responsible to the elected Mayor. The Policia Local wear blue uniforms with white shirts and respond to minor crimes.

Mostly the Policia Local deal with local authority enforcement matters, together with urban (city, town or village) traffic control and any associated violations. Crimes are not investigated and any serious matter is immediately handed over to either the Guardia Civil or Policia Nacional – as appropriate to the demographic area. Almost all Spanish police are armed although occasionally this is not the case with village Policia Local.

If you are in Spain and you need the police then:

For general emergencies call: 112
To report a crime call: 902 102 112
Guardia Civil: 062
Policia Nacional: 091
Policia Local call: 092

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