A Spanish lawyer is urging British citizens to exercise extreme caution and "trust no one" when buying property in Spain, following a case where a couple in their seventies and eighties lost approximately €150,000 (£128,000) on a villa that was part of an illegal development facing demolition.
Alberto Nuñez Lopez, a property and planning lawyer with Senent Blanco and Asociados, stated that his clients were led to believe they were purchasing a dream retirement home in Gea y Truyols, Murcia. The couple had found the property through Channel 4's "A Place in the Sun" website and were introduced to an associate of builder Antonio Tovar, whose company Concept Orihuela was involved in renovating and reselling villas in the La Montana development. This associate, a fluent English speaker, reportedly reassured the couple that all paperwork was in order.
However, before the sale could be finalized, an independent lawyer discovered undisclosed planning issues, revealing the property was subject to an active demolition order. The villa, along with its additional structures like swimming pools and essential services connections, was deemed illegal as the development did not comply with Spanish planning regulations. The Murcia City Council had reportedly ordered the demolition of these structures.
Nuñez Lopez indicated that Tovar's company was aware of the planning problems for years but continued to target elderly British buyers unfamiliar with Spain's planning system. The lawyer explained that instead of receiving a fully legal property, the couple had effectively purchased little more than a plot of land.
Further complicating the matter, the property was located in an area officially classified as a military strategic zone. This designation requires non-EU nationals to obtain military authorization before purchasing land, a crucial detail that was allegedly withheld from the buyers. The property also lacked a Licence of First Occupation, a legal document confirming a property is fit for occupancy and complies with planning regulations.
The couple's suspicions were initially raised when they learned the villa would rely solely on solar power due to a lack of municipal infrastructure for essential services. This led them to seek a second opinion from an independent lawyer.
Nuñez Lopez and his colleagues are now representing the couple in their efforts to recover the deposit. This case echoes previous reports of dozens of British buyers being deceived into purchasing illegal homes in the same Murcia development, leading to evictions and prolonged legal battles.
The lawyer has outlined several warnings for prospective buyers: never trust anyone implicitly, always verify claims independently, and secure your own independent lawyer who has no ties to the seller, estate agent, or developer. Buyers should insist on seeing all planning documents and permits, including the Licence of First Occupation, and never rely on verbal assurances. Red flags include vague answers to questions and pressure to complete a sale quickly.
Nuñez Lopez emphasized that while older foreign buyers can be particularly vulnerable, moving to Spain remains safe if proper precautions are taken. He stressed the importance of obtaining independent legal advice and thoroughly checking a property's legal status before signing any documents.