Certain online advertising platforms are a breeding ground for scams. While many of these fraudulent schemes are blatant scams, fraudsters who post ads for properties supposedly available for rent—often at very low prices—can easily take advantage of unsuspecting individuals, who trust  the scammer’s word and the information in the ad, paying an amount as a deposit. Once the payment is made, they discover that the property is not for rent, and the real owner’s identity does not match the information provided. It was all a scam.

The Second Chamber of the Spanish Supreme Court, in its recent Judgment 624/2024 dated June 19th, upheld the conviction for aggravated fraud in a case of this nature. The proven facts in the judgment state: “(…)The complainant, Darío, was interested in finding a rental apartment because his current lease, where he lived with his parents, was about to end. While browsing the portal Mil Anuncios, he found an advertisement with photos of a property that seemed very appealing due to its low rent. He called the phone number listed and spoke with a woman who identified herself as María Purificación. She sent him a photo of her ID card, both sides, and they began exchanging messages on WhatsApp. Once everything was arranged, he transferred €750 as a deposit, intending to move into the property immediately. According to information provided by Banco Santander, the property was owned by the defendant, Mercedes (…). After completing these steps, the complainant scheduled a date to move into the property, but he was unable to do so after discovering it was all a scam. The property was not available for rent, and the ID photos sent to him belonged to a victim of another scam. Faced with the inability to secure immediate housing, the complainant and his parents were forced to rent rooms elsewhere due to their urgent need for accommodation. The defendant has not returned the unlawfully obtained funds.”

The Supreme Court emphasized that the defendant’s actions were particularly reprehensible, stating: “The behavior of the appellant, who participated in the scam to exploit the public’s need for housing, is particularly egregious. In the current context of rising rental prices, it is criminally reprehensible to place ads online for rental properties when the reality is that the person offering the property has no rights or availability over it. Exploiting the urgent need for housing in this manner constitutes aggravated fraud.”