Criminal defence throughout Spain · offices in Madrid and Alicante
Not every failed property transaction is an offence. Fraud requires sufficient deception prior to the payment, so that the buyer hands over the money precisely because they were induced into an error the seller, developer or intermediary created or maintained.
In brief. That requirement separates the mere breach of contract of Article 1124 of the Civil Code from the criminal liability of Articles 248 and following, and demands proof of antecedent intent: that whoever collected already knew they would not perform, or concealed a charge, a double sale or the absence of a licence. Where the object of the fraud is a dwelling, the response is aggravated because the asset is a basic necessity.
Not every failed property transaction is an offence. Fraud requires sufficient deception prior to the transfer of assets, so that the buyer pays precisely because they were induced into an error which the seller, the developer or the intermediary created or maintained. That requirement separates the simple breach of contract of Article 1124 of the Civil Code from the criminal liability of Articles 248 and following of the Criminal Code, and obliges the prosecution to prove antecedent intent: that whoever collected already knew they would not perform, or concealed a charge, a double sale or the absence of a licence.
Where the object of the fraud is a dwelling, the legislator aggravates the criminal response because the affected asset is one of basic necessity: from one to six years, and four to eight where the dwelling aggravation concurs with special gravity, a plurality of victims, abuse of personal relations or business credibility, or a fraudulent procedure.
| Offence | Article | Penalty framework | Key aggravating factor |
|---|---|---|---|
| Basic fraud (prior deception) | 248 · 249 | 6 months – 3 years | Amount, number of victims and reparation |
| Fraud over a dwelling | 250.1.1º | 1 – 6 years + fine 6 – 12 months | Proven housing destination of the property |
| Hyper-aggravated fraud | 250.2 | 4 – 8 years + fine 12 – 24 months | Value, plurality of victims, credibility abused |
| Sale of encumbered property | 251.1º | 1 – 4 years | Concealed mortgage, seizure or charge |
| Double sale | 251.2º | 1 – 4 years | Resale before definitive conveyance |
| Simulated contract | 251.3º | 1 – 4 years | Deeds without real price; estate emptying |
| Misappropriation of deposits | 253 | Penalties of 249/250 | Sums received for the construction diverted |
| Corporate liability | 31 bis · 251 bis | Fine and Article 33.7 penalties | Fraud channelled through the developer company |
Penalty ranges are indicative and set out the ordinary framework; the sentence actually imposed depends on the circumstances of each case. Civil liability under Articles 109 to 116 adds restitution of the property or full return of what was paid, with interest.
A property-fraud conviction without assets to enforce against is a pyrrhic victory. That is why the interim measures travel in the initial complaint itself: bail and seizure under Articles 589 and following of the Criminal Procedure Act, and the preventive annotation of the complaint in the Land Registry under Article 42.1 of the Mortgage Act. The earlier they are requested, the less margin remains for the asset concealment of Article 257. On the defence side, the battle is the antecedent intent: distinguishing the failed business, the supervening insolvency and the civil breach from the deception that preceded the payment.
We apply LIWARD, Legal Intelligence Warfare for Defense, our own methodology integrating legal intelligence, financial and accounting analysis and documentary evidence into a single procedural strategy, tracing the money, the licences and the registry history of the property in both directions.
Buyers of homes never delivered, doubly sold or encumbered: complaint, registry annotation and full recovery.
Developers and intermediaries accused after failed projects: the border between civil breach and criminal deception.
Housing cooperative members whose contributions were diverted: disloyal administration and misappropriation.
International purchasers on the coast: full documentary review and proceedings conducted with interpreters where needed.
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Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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