If you have bought a house giving money to the property developer on account of the price, and you haven´t been given your house in the due term, nor have been given back your money on account, you can recover your investment (with interest).
If the quantities on account were guaranteed or assured, and these guarantees have not expired, it is possible to execute them.
If these guarantees don´t exist, it is still possible to claim to the unreliable property developer.
Even if the developer to whom you gave your money turns out to be insolvent or he is “missing”, it´s still possible to ask for the refund to the credit entity (Bank or “Caja”) where it would have been credited.
The 21st, December 2015 sentence or the 1st section of the Civil Chamber of the Supreme Court of Spain, that kinds all the courts, obliges the credit entities to give back the total anticipated incomes credited for this concept in the account or accounts the property developer would have opened in that entity, and all that in application of the article 1 of the Law 57/1968, of the 27 of July, sobre Percibo de Cantidades Anticipadas en la Construcción y Venta de Viviendas (Anticipated Income in the Building and Selling of Houses Law), in force until January 2016, and valid for all the purchases previous to that date.
What does it mean? That means that the Bank where you made the deposit you paid in advance to the property developer on account of the price of your house, has to give it back to you with the appropriate interests.