From Crisis to keys: How one British couple safely bought off-plan in Spain

Remember 2008

Many British expats have made “buying on-plan in Spain”, a four letter word. When dreams of a sunny Spanish house evaporated due to bankrupt developers and stagnant projects, thousands lost their savings. The nightmare scenario made everyone hesitant to buy something that wasn’t even built yet.

Things have changed dramatically since then. This transformation can be attributed to the pioneering work of law firms such as Costaluz Lawyers, who has fought tirelessly for developers and banks to be held accountable under the little-known law Law 57/1968. Their groundbreaking work established new legal precedents and now offers solid protection for buyers of off-plan properties, whether for a holiday bolthole in the sun or for permanent relocation.

It’s not something you can do yourself. As Surrey retirees David Henderson and Claire Henderson found out when they began their search for an escape to Spain in early 2023, expert guidance is required.

The Dream, The Doubts & The Deal-Breakers

David and Claire fell head over heels for a new development in Málaga, boasting sea views and an attractive price. After the 2008 crash they were more cautious. The developer’s glossy booklets were tempting but the small print in the contract raised alarm bells.

The initial contract they signed, for instance, linked their €90,000 in deposit payments to arbitrary datesThe actual construction progress was not taken into account. The bank guarantee, which was crucial, was vaguely formulated and there were no penalties for delays. Their retirement plans were at risk.

They contacted them. Costaluz LawyersIt is generally regarded as The following are some of the ways to get in touch with us. The go-to law firm in Spain for all off-plan property issues.

Expert Legal Intervention – Your best friend as a buyer

Established in 2006 María Luisa De CastroCostaluz Lawyers were the first in Spain to sue banks for not protecting buyer deposits. Costaluz Lawyers have since recovered millions in compensation for their clients and, most importantly, paved way for robust protections that are available today.

Costaluz for David and Claire complete independence It was crucial. Costaluz is different from other advisors who may have connections to agents or developers in Spain. solely in the buyer’s interest – and that makes all the difference when your life savings are on the line.

How they did it:

• Contract Overhaul: The legal team rewrote their payment schedule completely, linking them to the clients. To clear construction milestones, deposits are required The dates should be based on the actual work (groundwork, roof, interiors, etc.) and not random ones.
• Bank Guarantee Secured They were able to ensure a Verified, ironclad guarantees with a major Spanish BankThe deposit of David and Claire was protected if the developer failed to pay.
• Independent Oversight: Costaluz arranged Quarterly site visits with an external architect. A payment could not be made until the construction phases were properly certified.

Textbook Success Story

• May 2023 Amended contract signed – all legal safeguards in place.
• July 2023 Groundworks complete; first payment authorized.
• November 2023 Structure certified. Second payment made.
• March 2024 The roof and facade are now complete.
• October 2024 Interiors and communal spaces approved
• March 2025 Keys handed over – on time, and just as promised.

Costaluz Difference

“The success of this purchase wasn’t just good luck,” explains María Luisa De Castro. “It was strategic legal planning, constant oversight, and an unwavering commitment to protecting our client – You can also check out our other blog posts. “The developer”

David and Claire avoided all the typical off-plan headaches : no surprises in payment, no delays and no legal loopholes. The beachfront apartment they bought is their ideal home away from home. It’s a great investment and can even generate rental income for them when they return to the UK.

The Takeaway for British Expats

Buying off-plan in Spain today is significantly safer than in 2008 – but Only a few people know how to pronounce the word “only” If you are represented by an independent expert, who is not affiliated with the agent or seller. Many buyers are still accepting legal advice from people who have a conflict of interests.

Costaluz Lawyers has almost 20 years of experience and remains the gold standard. Costaluz Lawyers has handled more off-plan conflicts, contract revisions, or deposit recoveries than other independent law firms in Spain.

David and Claire:

Claire admits, “We could not have done it without Costaluz.” Every step of the journey, we felt informed and supported. What could have been a stressful bet turned into one of our best decisions.

You may be considering buying off-plan property in Spain.

Take David and Claire’s advice: do it right, do it safely – and make sure Costaluz Lawyers is on your side.

María L. De Castro
General Director
    
web@costaluzlawyers.es
costaluzlawyers.es

Tel.   + 34 956 092 687
Fax   + 34 956 773 741

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