The Sixth Section of the Provincial Court of Las Palmas will try next Monday, November 13, two managers of a real estate agency accused of the crimes of fraud and misappropriation in the sale of a home in Playa Blanca.
At the time of the events, M.B. and N.B. were professionally dedicated to real estate intermediation. The first of them acted as sole administrator of the real estate agency I.E.N.S.L., while the second was a partner and participated in 20% of the same entity. She also worked as a secretary.
According to the prosecution's indictment, the defendants sold a home in Playa Blanca on December 6, 2007, which was owned by third parties, to two buyers. For this transaction, the price set was 280,000 euros. It was decided to agree as follows: 1,000 euros deposited upon signing the private purchase agreement, which were allegedly deposited into the account of the real estate agency I.E.N.S.L.
Also, 20% of the sale price, a total of 65,000 euros, which had to be delivered within 14 days of signing the aforementioned contract. In this case, according to the Public Prosecutor's Office, the buyers transferred 50,000 euros and 6,000 euros in two steps on December 6, 2007. The rest of the money was to be paid in the notarial deed, between February 14 and 29, 2008.
According to the Prosecutor's Office, the buyers allegedly entrusted the aforementioned real estate agency with the management of the deed of sale of the business. Therefore, they deposited a total of 15,700 euros to the company.
Both parties agreed that the public deed of sale would be made on February 29, 2008. However, the defendants allegedly used the money received to pay for other things, so the sale contract could not be formalized. Thus, the buyers had to formalize a new contract in May 2008, without using this agency of intermediaries.
The Public Prosecutor's Office argues that it is not proven that the defendants delivered any amount of money to the owners of the home or had returned what was delivered to the buyers.
The Prosecutor's Office attributes to both people a crime of misappropriation for which it requests three years and six months of prison for each of the accused, with special disqualification for the right to passive suffrage during the time of the sentence and a fine of nine months, with a daily fee of ten euros. While for the crime of fraud, it requests penalties of three years and six months of prison for each and a fine of nine months with an amount of ten euros per day.
In this sense, it also asks that the buyers be compensated with 72,720 euros, the amount that was allegedly delivered to the defendants as part of the payment for the home and for the management of the public deed.
