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Office Address:

Des Sparkes LLB. LLM. Solicitor,
Sparkes Spanish Lawyers,
Associated with Mesa & Green Abogados,

Centro de Negocios Tembo, Bloque A, Oficina 1,
29600 Marbella,
Malaga,
Spain.


Excellent Commitment
Articles and Latest News

How to Protect your Consumer Rights in Spain without going to the Expense of Paying a Spanish Lawyer or Solicitor

If you have a problem as a consumer when you are buying a product or paying for a service in Spain you have rights under Spanish law as a consumer. Spain has set up a government body to co-ordinate the protection of these rights the Instituto Nacional del Consumo (website: www.consumo-inc.es). This Spanish government agency has a European Consumer Centre Help-Net with a website in English: www.cec.consumo-inc.es They can be contacted directly with enquiries relating to consumer matters.

On a practical level it is easier to visit the local OMIC (Oficina Municipal de Informacion al Consumidor) in the area of Spain in which you are staying, or where your consumer problem arose. The local OMIC offices are usually run under the control of the local council of the area (ayuntamiento). If you contact the local council or look at its website you should find the OMIC offices contact details.For example if you have brought a product from a shop,paid for a particular service, been provided with a service such as construction work or had something fitted at your property and you are not happy with the service that has been provided, you can contact and visit your local consumer office for free advice and assistance.

They will advise exactly on your rights and have the power to take action against any company or business that has breached the Spanish consumer laws. As you can appreciate this can save the English consumer money that otherwise may have been paid to a lawyer. In practice this approach is normally successful, due to the fact that when a company is contacted by the consumer office it is aware that the office has powers under Spanish consumer law and so will not want to suffer fines or problems with the consumer office.

Of course if the problem is not resolved by the local consumer office you can always then visit your local Spanish lawyer or Solicitor and ask him for advice, but at least you would have used your free option first!

Likewise when you are buying a property in Spain as a consumer you also have rights and the vendor obligations. The Spanish lawyer acting for you in your property purchase should ensure that all his legal checks are completed prior to your purchase. If your vendor does not supply the necessary information or conduct himself correctly according to the Spanish consumer law the local consumer office is a useful “tool” that your lawyer can use to put pressure on the vendor or developer to act correctly.

On a lighter note. If you eat out in Spain and are not satisfied with the food or service you have the right to ask for the “libro de reclamaciones”. They must then give you an official complaint form to complete. Part of the form is kept by you the customer and one copy you must send to the local consumers office. The consumers office will then look into your complaint.

(The above answer was written by Des Sparkes (Solicitor) who works in association with Spanish property lawyers in Marbella , Malaga , Spain and who writes the Spanish lawyer answers to readers letters in Living Spain Magazine.)

All our Spanish lawyers in Marbella, Spain are members of our local Spanish Law Society
for Malaga province the
 "IIustre Colegio de Abogados de Malaga", and our English Solicitor is also a member of
the Law Society of England and Wales
and regulated by the Solicitors Regulation Authority