A woman is due to stand trial before the Provincial Court of the Balearic Islands on Friday, 13 November 2026, accused of misappropriating €317,612.90 paid by a buyer for a new-build property in Ibiza that was never constructed.

The prosecution is seeking a four-year prison sentence for aggravated misappropriation, as well as a fine and the repayment of the full amount, plus legal interest and costs.

The case relates to a planned residential development on the island and dates back to 2017 and 2018. According to the prosecution's account, the buyer made two payments towards the purchase of a property identified as number 4, but no construction work was ever carried out.

The accused denies no specific facts in the reports reviewed, and the allegations have yet to be determined at trial. She must therefore be regarded as an accused person, not as someone convicted of an offence.

Property Purchase Agreement Signed in 2017

According to the prosecution's account, the events began in October 2017, when the accused offered a woman the opportunity to purchase a newly built home in a planned development in Ibiza.

The accused was acting as attorney-in-fact and de facto administrator of Caper Ibiza Asociados SL, operating under the commercial name Asociados Palau.

The buyer signed a private purchase agreement for the development's designated property number 4.

The payment arrangement involved an initial reservation payment followed by a second, substantially larger transfer to cover the remaining purchase price and applicable VAT.

Buyer Transferred More Than €317,000

The first payment of €11,000 was transferred on 27 November 2017. This amount corresponded to a €10,000 reservation payment plus VAT.

On 15 May 2018, the buyer made a second transfer of €306,612.90, comprising the agreed property price of €278,739 and the corresponding tax.

Together, the two payments amounted to €317,612.90.

The prosecution alleges that the second payment was followed by a transfer of €306,000 to another bank account just two days later, on 17 May 2018. The transaction reportedly carried the description “Pago Ptmo Caper Ibiza”.

Prosecution Says No Construction Work Was Ever Started

According to the prosecution, the accused incorporated the money received into her personal assets rather than using it for the intended property development.

The prosecutor's account states that no construction work, either partial or complete, was ever undertaken on the plot where the development was supposed to be built.

The buyer also allegedly received no repayment despite making requests for the return of the money.

The prosecution further states that the bank account used to receive the payments had not been opened specifically to manage funds belonging to the development. It was also being used for the accused's personal and private transactions.

Another point raised in the prosecution's case is that the required liability insurance under Spain's Building Regulations Act was not established.

Four-Year Prison Sentence Requested

The Public Prosecutor considers that the alleged conduct constitutes aggravated misappropriation, under Articles 253 and 250.1 of Spain's Criminal Code.

The requested sentence is four years in prison, together with a fine lasting nine months at a daily rate of €20.

The prosecution is also seeking an order requiring the accused and Caper Ibiza Asociados SL to compensate the buyer jointly and severally for the full €317,612.90.

The compensation claim also includes legal interest and court costs.

Trial Scheduled for 13 November

The case is scheduled to be heard by the Provincial Court of the Balearic Islands on Friday, 13 November 2026.

The court will examine the evidence and determine whether the allegations made by the prosecution have been established.

The proceedings concern the alleged handling of payments made for a property that was never built. The accused has not been convicted, and the court's decision will determine the legal outcome of the case.