A real estate agency was recently cleared of fraud charges after a failed rental deal in Ibiza. The agency was accused of keeping €99,000 as a deposit for a luxury house that the clients never got to enjoy.

The Failed Luxury House Rental

The rental deal involved a luxurious home in Ibiza, a popular Mediterranean destination. The upscale residence, known as Villa Perla in Es Cubells, Sant Josep, was to be rented to clients from Russia.

The Russian tenants, however, cancelled their travel plans to the Balearic island and did not make the second payment, which was similar to the first deposit. As per the rental agreement, the real estate agency and the owner of the villa retained their proportional part of the deposit.

The agency was accused of fraud by the company that acted as a middleman in the transaction. This intermediary company also received payment as part of the deal.

Acquittal Despite Accusations

Despite the serious accusations, the Third Section of the Provincial Court of Alicante acquitted the two managers of the property agency. Alicante Plaza, a Valencian outlet, reported the details of the case and the court’s ruling.

The Alicante-based real estate agency had collaborated with an agency in Ibiza Town for the rental. The intermediary, who represented the Russian clients, brought the accusation against the agencies.

Misunderstandings in Contract and Commission

The rental agreement had stipulated the payment of rent in two installments. The first installment of €99,000 was to secure the reservation, while the second installment of €91,000 was due later.

When the Russian clients cancelled their trip and failed to make the second payment, the real estate agency and the villa’s owner kept their shares of the initial deposit. This was in line with the tenancy contract terms.

Out of the deposit, the Benidorm real estate agency transferred €74,000 to the agency in Ibiza and retained €25,000 as commission.

When the date for the second payment arrived, the clients failed to remit the amount. As a result, the real estate agency terminated the rental contract, leading to the loss of 100% of the deposit for the clients.

The prosecution had requested a prison sentence of 3 years and 9 months for the agencies involved, citing fraud and the falsification of a commercial document. However, the court ruled in favor of the agencies, clearing them of all charges.

This case highlights the potential pitfalls and misunderstandings that can arise when dealing with high-end property rentals in popular tourist destinations.

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