GRANADA promoter Jose Avila Rojas has been acquitted of the charges against him for selling apartments which he never built. The prosecutor was asking for four and a half years in prison for Avila Rojas, who is also charged in the Malaya case. Malaga Prosecutor accused him of charging two families €84,000 for two houses he sold them in Marbella which never existed. The apartments were due to be completed in 2006.
The Andalucian Supreme Court of Justice declared the license which was granted to him in 2003 to build on a plot he owned as illegal.
The court declared that the license depended on a series of errors being put right, this was done, and the project was changed for a plan to build 202 homes and 24 offices, as well as garages and storerooms, and it was considered to be legal at the time.
However, the Supreme Court of Justice determined in 2010 that the license was not valid.
However, the court has considered that the promoter did plan to go ahead with the work and acted in good faith. However, he did promise to pay them back with other properties but never did so, not returned the amounts they had paid, although this was not used for any other purpose.
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