Couple locked in legal battle after Costa del Sol property purchase falls through

A Malaga couple are locked in a legal battle with a housing developer and estate agent after not being able to move into the home they paid a 40,000-euro deposit for in Vélez-Málaga on the eastern Costa del Sol in 2021.

In 2021 Vanesa Guerrero and Raúl Díaz, both 37, from Malaga city decided to buy a property in the Los Toscanos area of Almayate (Vélez-Málaga). Vanessa was pregnant with their eldest daughter at the time and the couple dreamt of owning their own home where they could raise their family.

However, after paying a deposit of around 40,000 euros, they do not have the house, which they had to give up hope of ever moving into in 2023 when work to the development ground to a halt. The couple were able to get 20,000 euros back, but not all of it. "They still owe us 24,800 euros. They conned us and we are now homeless, living with my mother, with two young daughters and waiting for the court to take action to recover my money," explained Guerrero, who works as an administrator at a school in Malaga city.

Her husband is a builder and is originally from Torre del Mar. "We saw the development and thought it was a good investment. At that time, the house was priced at 180,000 euros, so we paid the 24,800-euro deposit," Guerrero explained to SUR. However, the deadlines promised by the developer and the estate agent were not met and after paying another 20,000 euros in 2022, they managed to get back the second amount in 2023.

Of the other 25 houses in the development, two phases are under construction and one is completely at a standstill. "That's where ours should be, but we've completely given up on ever owning a home there. What we want is to get our money back as soon as possible," Guerrero told SUR.

The matter is being dealt with in the courts in Vélez-Málaga, which have opened preliminary investigations and have already summoned several of the defendants since starting the case in March 2024, including those responsible for the developers and sales.

However, Vanessa, who is being represented by Vélez-Málaga solicitor Patricia Cid, pointed out that they still haven't been able to get their money back. "Apparently, there is at least one other family in the same situation as us who have only got back part of their deposit," she added.