SPECIALIZATION

In its more than four decades of experience, the Schomerus law firm has specialized in real estate and inheritance law (integral management of sales and inheritance), claims for damages in traffic accidents in Spain, resolution and advice in the area of timeshare contracts, debt collection and consumer rights.

We advise and help our clients in their real estate purchase and sale operations

We specialize in claims for damages caused by negligence, carelessness or lack of care in the functions of professionals and services

Count on us if you need legal support in claiming unpaid or any kind of debt

From our extensive experience in this region, we provide legal advice to residents and non-residents in Spain

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+34 965 215 399

Real Estate Law in Spain

Are you thinking of buying or selling a property in Spain? We will resolve all your questions and problems that may arise, and accompany you from the moment you sign the private contract to the appointment with the notary.

Our services are integral in this area: before a purchase, we obtain the corresponding property registration certificate  and cadastral plans, we check the legality and registration of all the elements that will be included in the purchase (premises or warehouses, garages or swimming pools, etc.), we advise in the drafting of a private contract, we take care of the security of the deposits made and estimate the costs and fees associated with the purchase.

In the case of a sale, it may be important to check the creditworthiness of the buyers, the fulfillment of the promised deadlines and, if necessary, to obtain alternative offers.

In both cases we can also use the services of reputable real estate agents. We can commission appraisals from real estate experts at very reasonable rates and also calculate the minimum amounts that must be declared to the Spanish tax authorities.

In both cases we can continue to represent our clients before and after their appointment with the notary , so that multiple – and perhaps wasted – trips can be avoided. We will organize any translations of documents that are required, as well as the  translation services in the notary appointment itself.

Buying or selling property can be vary stressful, because after all, there is a lot of money involved. The services we offer will allow you to sleep well.

With respect to this, we cite a client´s review (M.S., 2019): “Our real estate purchase contract was examined quickly and accurately and …. the corresponding clauses were drafted in a balanced and fair way to us as customers. They did not rest until all the details were clearly formulated in a legal manner. The feeling of security and the sense of everything having been done correctly forms part of the services of Schomerus ….. Thumbs up and 5 ***** stars.”

More customer reviews on www.anwalt.de

So if you are planning to buy or sell a property in Spain, contact us!

Inheritance Law in Spain

In the right of succession, especially as a foreigner, you may experience unpleasant surprises when you want to organize your inheritance or receive  an inheritance as an heir, given that the right of succession has been changed considerably by European Regulation 650/2012, which came into force on 17.8.2015.

In the past, one could trust that the national law of the testator applied. Today, however, it depends on where his “habitual” residence is at the time of death. It is not difficult to imagine the problems that this entails, because many Europeans live both in Spain and, for a long time, in their countries of origin. And how many people  know, for example, that under German law the spouse usually receives half of the inheritance in the event of the existence of two common children, but according to Spanish law only one third, and this not on property but only in usufruct?

Pre-inheritance counseling

Therefore, it is absolutely necessary to be well informed before making a will to dispose of your estate safely. We will advise you, individually, and if you wish, we will prepare a will, accompany you to the notary, provide you with translation services and answer all related questions.

Recently, in a series of articles on the CBN (Costa Blanca Nachrichten), we described a number of situations in which such advice was lacking and wills previously  drafted before a German or Spanish notary were interpreted very differently from the will the testator had intended. Therefore, our advice focuses on:

Advice before and after inheritance regarding the situation of family and tax law of the interested persons

– Your status as a resident or non-resident and how this affects the applicable law

The drafting of wills taking into account domestic and foreign assets and previous marriages

Information on inheritance rights and legitimate or possible waivers

Advice regarding individual solutions between succession in advance via sale/gift and correct inheritance planning

Inheritance advice

Obtaining an inheritance after a death is much more difficult than people think, because according to Spanish law when you accept the inheritance of assets that are located in Spain (real estate, bank accounts, vehicles, etc.) this has to be done before a Spanish notary and then you have to pay the corresponding taxes (inheritance tax and possibly the tax on the profits obtained , the ‘plus valia’). Only then do banks release the credit balances and only then can  the real estate be transferred to the Land Registry.

However, achieving the notarial deed of acceptance of inheritance can involve many difficulties. We analyze your situation, inform you about the applicable inheritance law and all the necessary documents , help you to obtain them and, if necessary, translate them. We will apply for the negative declaration from the Central Office of Wills in Madrid, obtain extracts from the property register, calculate the value of the property for the declaration of the inheritance or request the necessary bank certificates, just to name a few examples. Our services are comprehensive and complete, from the consultation to the preparation and execution of the appointment with the notary. We can also carry out this appointment with notary powers without the heirs being present. We provide the necessary translations for heirs who do not understand Spanish well. After notarized acceptance of the inheritance, we ensure that all necessary documents are prepared for the authorities, taxes are paid, and changes to the records are made. When we finally deliver all the documents, everything will be arranged and done.

Here we can also proudly refer to the reviews of our previous clients, for example in www.anwalt.de.

One of them says: “We turned to Mrs Schomerus for an inheritance. Previously another lawyer had misinformed us …. Dr. Schomerus put everything into action… And to meet a deadline she even worked during her holidays.”

Consumer Law - Internet scams in Spain

Our firm has been a pioneer in defending the rights of foreign consumers for decades,  especially when having to defend their rights in another country, for example, Spain.

European Centres for Consumer Protection have been set up across Europe and our knowledge on the matter has even taken us to Brussels as staff trainers. Whether it is the contractual right of travel or product liability, the simple purchase of a camera during the holidays or the purchase of cars, motorcycles or sailing yachts in the other country, Schomerus always uses its expertise to effectively defend the rights of its clients.

Classic areas of work in consumer protection include claims of defects of a product against the seller, filing complaints with banks, insurance companies and telephone providers or, if necessary, vigorous defense in court. More on this under the keyword ‘litigation’.

However, growing internationalization, which can also be seen in homes via the Internet, poses special challenges. What do you do if the product you buy cheaply online doesn’t arrive or the holiday home you book turns out to be non-existent?

We advise and investigate whether this is only a delay in a service or constitutes a fraud. We can call the police or private detectives, we can initiate legal proceedings and initiate preliminary investigations to locate the instigators of this fraud through the bank accounts used. Rapid and vigorous intervention can sometimes prevent the worst from happening.

In these cases too, our experience and the contacts we have established over the last  decades with the best prosecutors in the country help us to act quickly in the courts anywhere in the country. Here is an assessment by our client G.O. of 5.2.2020: “In the case of a sales fraud by an Austrian fraud gang, allegedly active in Spain, Schomerus secured the stolen funds through firm negotiations and returned them to us as the injured party. For this reason, we would like to thank Schomerus in particular.”

You can see more reviews from our firm on www.anwalt.de or on Google.

Please describe your problem by contacting us and we will advise you with no obligation on your part.

Traffic accidents and general assessment of personal injury

The regulation of road accidents is often difficult, despite the numerous regulations in the European context. As long-standing ADAC (German Automobile Club) contract lawyers, we know what matters.

When police logs are produced in the event of serious accidents, they often remain in the hands of the police or go directly to the court. We obtain these protocols and also enroll ourselves in judicial investigation proceedings, if necessary, anywhere in Spain.

We then calculate the damages and claim them from the other party involved in the accident and their insurance company or in court. There are clear differences with other European legal systems and it can be more difficult in Spain to enforce typical costs, such as those related to car rental costs during repairs or loss of use, etc., but the compensation for damages and injury can be more generous than in other countries.

The law also regulates how personal injuries are assessed and these regulations are generally used, i.e. they also apply to injuries suffered in other ways (falling in the hotel complex or on public roads due to unmarked unevenness or smoothness of the floor, bite injuries by dogs, etc.). It depends on how long it takes to recover from an injury and what long-term consequences remain, whether in the form of  restriction of movement, scars or from post-traumatic disorders.

We advise you and the physicians treating you in the drafting of medical certificates and also call on local specialists if this seems reasonable in order to work out and prove the maximum compensation for our clients.

Medical Liability in Spain

Have you been the victim of a treatment error by a Spanish doctor or in a clinic? Have you had a cosmetic surgery procedure carried out that had a very different result to that promised?

We will be happy to check your case.

But don’t wait too long to take action. The limitation periods depend, among other things, on whether hospitals are private or state institutions and in some cases the limitation period is only 1 year.

Claims can also be due to organizational problems or to an error in diagnosis, surgery or post-operative care. Lack of patient information can lead to a reversal of the obligation to provide evidence in favour of the patient concerned.

Apart from the reimbursement of the additional costs incurred by the doctor’s error, pain compensation claims are of course also conceivable and quite large amounts can be obtained in Spain compared to other European countries (see assessment of personal injury).

Surgical errors with fatal consequences are extreme cases. Here, too, we advise family members or heirs, as a claim for damages does not expire with the death of the person concerned.

In addition, a client’s experience report (available on www.anwalt.de together with other reviews of our law firm): “In March, my husband tragically died in Valencia. He was taken to the Forensic Institute where an autopsy was performed. From Germany I tried to get the autopsy report through a lawyer. However, to no avail, as the Spanish authorities did not respond. Through the AHK (German Chamber of Commerce in Spain) I came across the law firm Schomerus in Alicante. They helped me immediately and after only a few weeks I received the report by email. If you have problems in Spain, I highly recommend this law firm.”

Timeshare

The easy-to-understand guide “Schomerus – Timeshare in Spain” has become the standard for all those who want to know more about the usage rights that have been sold to hundreds of thousands of people in Europe from the 1990s onwards. The law of 1999 (Law 42/98), which was included in full  and also translated into German, has since been revised several times, but its essence has remained unchanged. Among other things, the ban on down payments and the right of withdrawal were introduced there, and a minimum content was established, which each contract has to show. All of this continues to this day.

Our law firm had already conducted more than 100 lawsuits on the matter when the law was still being discussed. To date, more than 5000 cases have been carried out by the lawyers of Schomerus in favour of the rights of buyers in Spanish courts, from the courts of first instance to the Audiencia Nacional or the Tribunal Supremo in Madrid, i.e. the highest courts in Spain.

We have written legal precedents by bringing the theory of the de facto corporation (levantamiento del velo) into the legal code and thus the conviction of  companies that were not mentioned in the contracts themselves.

In the meantime, the contracts of many providers have been annulled because, for example, the maximum durations of the contract (currently 50 years) have not been observed or because “floating weeks” had been sold. If you are familiar with the law and the case law, you can often help the client in cases where other lawyers would have long ago given up.

In 2019 alone, Schomerus has won around 1,000,000 euros for its clients in timeshare cases.

Further information can be found in the reviews by our clients (as in www.anwalt.de) and in the contributions on this homepage, which are dedicated to current case groups such as the contracts of the Anfi Group, Silverpoint, Club Marina or Marriott.

One of the 2020 clients wrote:

“The law firm took over the above case and managed to have almost the entire deposit refunded within three weeks by the company Anfi. I can only recommend Dr Schomerus and I would like to thank Dr Schomerus once again for the speedy handling of the matter”.

Contract law in Spain

Time and again, in the practice of law, we experience how trying to safe money in the wrong places can lead to problems because someone believed that they could put together a contract themselves. But it is not a question of using a model from the Internet and then assuming that everything will go well.

The preparation of a good contract is essential. The content must be adapted to the specific circumstances and the experience of the lawyer makes it possible for them to anticipate and regulate any difficulties in a particular case.

Foreigners living in Spain in particular often make serious mistakes because, for example, they start – consciously or unconsciously – from the customs of their home country and often fail to recognize fundamental differences with the realities in Spain.

For this reason, it is advisable to use the assistance of a lawyer when drafting the contract. This applies all the more important transactions, the purchase of an object of a certain value, the obligation to services, supply contracts or long-term services.

We will be happy to help you prepare a contract or review a contract submitted to you.

Client votes on this (F.L.) on the legal area of tenancy law & home ownership law :

“Recommended law firm, has represented us professionally, competently and fairly, 5 stars”

Contact us on this subject without obligation. Our focus is on contract preparation in the fields of civil law, commercial law and labour law.

Cross-border assertion or enforcement of claims

Do you have a verdict against a debtor who has left for Spain or who you suspect has assets in Spain?

We can quickly identify any property registered to the debtor anywhere in Spain and any company in which he has functions or shares. We also work with detectives who can investigate in specific cases.

Irrespective of these and other investigations in the run-up to judicial activity, however, we are also in a position to enforce judgments or enforcement notices and, in the context of the enforcement action, to request very comprehensive asset reports from the Spanish tax office, in which each bank account, every investment, every vehicle belonging to the debtor appears and also every employment relationship they may have.

The costs of enforcement are higher than in other countries, because in Spain, for example, there is no bailiff and enforcement must be initiated by means of an enforcement action, with a lawyer and procurator. But such costs can usually be claimed.

Tell us YOUR problem and we’ll make suggestions to find solutions.

We can also help you in a reverse situation. After a trial in Spain, we can also organize  execution in other European countries.

If you don’t have an enforcement order yet, we will get it through a lawsuit, nationwide. However, one should not expect much from the Spanish order for payment procedure, because it is more like a document process. Nevertheless, it can be a cost-effective and fast alternative to the standard legal procedure if the claim is substantiated by documents (e.g. invoices). The debtor is ordered to pay and if he does not object within 20 days, one has an immediately enforceable title against him and can execute his assets. This is very common in the case of homeowners  communities against defaulting owners.

Transport law (national and international)

Schomerus is also active in the field of international long-distance freight transport, especially between Spain on the one hand and countries such as Germany, Austria, Slovakia, Poland and the Czech Republic on the other.

We advise and operate at administrative level throughout Spain, such as fines for exceeding journey times or ampairing rest periods. From consulting to written submissions to the relevant authorities or administrative contradictions to bringing an action before the competent administrative courts, we represent the transport companies with care, expertise and tenacity.

In the same way, we advise and process claims from the transport sector: unpaid freight claims, disputes about delivery delays, incorrect or bad delivery, etc., out of court or in court.

Litigation throughout Spain

In the event of a real problem, it is usually hoped that an amicable agreement will be reached. A major obstacle in the international context is often that both sides have a different range of experience. Our law firm is familiar with Spanish law, but also knows what the foreign party expects or hopes for. In the case of skilful negotiation, it is often possible, in the light of such circumstances, to achieve a satisfactory settlement even where others have already given up.

But our law firm is not afraid of going to court and we can ensure that trials are being brought throughout Spain, including in the Balearic Islands or the Canary Islands.

In doing so, we offer our clients an integral solution: we look at the available documents, find the documents that will be important to us, have them translated if necessary, provide the draft of a legal power of attorney, seek the most experienced procurators in the courts, conduct the process with expertise and prudence, secure the rights of clients by means of injunctions or, after a win of a lawsuit in the first instance, by means of provisional enforcement. Many Spanish colleagues rarely inform their clients about the process. We, on the other hand, inform our clients periodically and of course immediately in case of any news.

Client votes from 2019: “The lawsuit against the bank was professionally conducted and won by all instances. Very good communication in the office and by e-mail with the Schomerus law firm. Highly recommended.”

The lawyers’ fees are discussed transparently in advance and, together with any specificities of the case, can also be determined separately in fee agreements. There should be no unpleasant surprises for the client.

What are the other characteristics highlighted by the previous clients in their valuations (more than 100 viewable in www.anwalt.de)? Friendly, competent and efficient – this is how previous clients have seen us and this is how we will conduct your case, no matter where and no matter what it is.

Tell us your problem via the contact function or by phone.

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