The Ready2Invest Property Scam

Purchasers at any of the affected developments will have several options open to them, if they decide to proceed legally. The options are placed by what I consider the most appropriate to the least, and are different in the case of each development. Will start with Los Cerros de Turre.

Proposed Actions

1. Criminal action for misappropriation and theft by swindle, given that funds were taken by Citrus Playa Macenas S.L. and Ready2Invest, both being instrumental in the creation of an illusion, that of promoting, building and selling property in Spain. Citrus goes even further as he sold the plot without advising their clients and furthermore, did not refund the advance payments nor guaranteed them with bank guarantee. Misappropriation will necessarily occur, pursuant to Spanish case law, where funds have been diverted to uses different from the construction of the units, regardless of intent to misappropriate, since funds received by developers are always in concept of “escrow” and never in ownership, as with the purchase of, generally, all items. Theft by swindle will require proof that there was intent although such activity need not be active, as it can be accomplished by false representation as to either past of future facts.
2. Action against the bank involved: this option is placed second for we don’t have knowledge of Cajamar having provided a bank guarantee, which if we were to confirm was the case it would automatically take precedence over criminal action.
3. Action against lawyers involved in the transaction, for professional negligence: An acting lawyer would presumably be faced with a negligence claim if he/she had provided the client with positive advice and the client had placed reliance on such advice to pursue the investment. Lawbird Legal Services clearly saw fundamental flaws in the investment and advised against purchasing in this development, advice that Jonty craftily managed to play down by making use of trickery. It is not known if any other law firm took up an instruction in this matter.
4. Ordinary civil action: the very last resort given the minimal impact it would have on the status of claimants.

About Antonio Flores

Antonio Flores is the head lawyer at Lawbird, a Spanish law firm specialised in property and litigation. More on Antonio Flores.

Uncategorized Citrus Playa Macenas S.L, Los Cerros de Turre, Ready2Invest