The ruling confirms that the real estate agent withheld funds intended for the purchase of a new home for an individual whose property was expropriated due to tram construction works in Tenerife. The affected person, in a situation of “special vulnerability,” received support from the municipal housing company of La Laguna (Muvisa), which provided a pension and later 127,300 euros for a new residence.
The events date back to September 2020, when the accused obtained representation from the affected person to manage the expropriation and the search for a new home. Authorized to negotiate with Muvisa, the agent received a total of 155,500 euros in her real estate company's bank account as a deposit for the purchase. However, this money, deposited gradually between 2020 and 2023, was used for personal purposes, leaving the expropriated individual homeless and on the streets.
The high court indicates that the Provincial Court effectively demonstrated in its ruling that all the requirements for the crime of misappropriation are met.
During the trial, the defendant admitted receiving the money but claimed there was no intention to cause harm, stating she “confused” the funds with her own assets due to economic problems, intending to return them. Nevertheless, the High Court of the Canary Islands upheld the conviction, which includes a fine of 1,500 euros, finding all elements of misappropriation proven.
The affected person's situation worsened when, attempting to finalize a home purchase managed by another individual, the agent failed to appear at the notary to release the funds. Her excuses, such as minor tax liens, were disproven. Muvisa had to temporarily rehouse the individual, paying rent and a pension, and finally provided another 127,300 euros in July 2023, while claiming the 134,600 euros that had been misappropriated.
