Why Some Legal Problems in Spain Are Not Solved by Standard Procedures

Posted in: Deeds Issues, Legal


One of the most common comments we hear from new clients is:

“We have already spoken to several lawyers and nobody can help us.”

Sometimes that is true. Not every legal problem has a solution. However, many situations that appear impossible at first glance simply require a different approach.

Over the years, we have assisted clients with matters that had been ongoing for years before they contacted us. In many cases they had already received advice, spoken to public authorities, contacted banks, or attempted to resolve the matter themselves without success.

The Difference Between a Transaction and a Problem

Many legal services follow a standard process. Buying a property, making a will, handling a straightforward inheritance, or completing a divorce often follows a relatively predictable path.

Complex litigation is different.

A litigation lawyer is often instructed when something has gone wrong:

  • A property cannot be registered.
  • A bank refuses to provide information.
  • An inheritance has become blocked.
  • A co-owner refuses to cooperate.
  • Documents are missing.
  • A contract has been breached.
  • A previous legal strategy has failed.

In these situations, there may be no standard procedure available.

Looking Beyond the Obvious

Many legal disputes are not won because somebody knows a particular law. They are resolved because someone identifies a route that others have overlooked.

Sometimes this means:

  • Investigating old property records.
  • Obtaining documents from multiple authorities.
  • Reviewing historic transactions.
  • Analysing whether a public body has acted correctly.
  • Examining whether a bank or insurance company has complied with its obligations.
  • Identifying alternative legal remedies.

The answer is not always found in the first document or the most obvious legal argument.

Persistence Matters

Some cases require determination as much as legal knowledge.

Clients are often surprised by how much work takes place behind the scenes. Letters, investigations, court applications, negotiations, document requests and procedural steps can continue for years before a final resolution is achieved.

Usually they don’t even realise besides what they are informed how much goes on even when it is not possible to keep them constantly updated.

This is particularly true where significant assets, family disputes, property rights or complex legal issues are involved.

Not Every Case Should Go to Court

People often assume that litigation means going straight to court.

In reality, many successful outcomes occur because the other party realises that a well-prepared legal case exists.

A strong legal position can often encourage negotiations, settlements, agreements or voluntary compliance without the need for a lengthy trial.

The objective is not simply to start legal proceedings. The objective is to solve the problem.

When Should You Seek Advice?

If you have been told that nothing can be done, it may still be worth obtaining a second opinion. Particularly if:

  • You have received conflicting advice.
  • The matter has been ongoing for a while.
  • Significant money or property is involved.
  • The issue involves a bank, lawyer, estate agent, insurer, or co-owner.
  • Previous attempts to resolve the matter have failed.

Every case is different, and a time limitation being exceeded for example there is no way forward, but difficult legal problems are often resolved by asking different questions rather than accepting the first answer.

At Molina Solicitors, we regularly assist clients with complex disputes, property issues, inheritance conflicts and litigation matters throughout Spain.

What we perhaps do best is to solve difficult cases where other firms have failed or not felt able to tackle such a complex case. We are extremely successful litigators, acting in difficult cases, class actions, disputes with banks, property problems, missing deeds, and situations where other firms have failed. People need patience, we just won a huge case in the High Courts which took 9 years. However, if you are facing a legal problem that appears to have reached a dead end, we would be happy to review the situation as soon as we are able to and discuss the options available.