May developer sell the house without approved plans?

faraway

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We bought the house 2 years ago, now became truth this house has not approved plans, at least the developer can't provided us with such.
It makes are resale chance very wick, can we make developer responsible and claim him?
 

BushBaby

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We bought the house 2 years ago, now became truth this house has not approved plans, at least the developer can't provided us with such.
It makes are resale chance very wick, can we make developer responsible and claim him?
With each thread of yours that I read, the name 'Faraway' becomes so much more correct for you. 'From another Planet' I would suggest!:cheeky: ! WHY did you not check plans before buying? WHY did you believe what the developer said? Why didn't you get the lawyer to act 'In YOUR best interests' rather than those of the developers?

Unless you can come up with some very plausible arguments as to the Lawyer & developer's credentials & ways of doing business, it seems to me you have been scammed, duped, taken as a sucker or just plain hoodwinked!! ~ Grahame.
 

faraway

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I close the deal Guido Perdomo!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 

BushBaby

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I close the deal Guido Perdomo!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Tutt, tutt, TUTT!!
Such a quick temper to those who are trying to help you think a bit more clearly! You see the problem of putting the same thing in many posts - we now ask further questions or give answers in several places too.

For the sake of keeping your (& most other people's) blood pressure at a reasonable rate, I shall ONLY respond hereonin in the "I'm dealing with a problem regarding our property" thread. DON'T get shirty with Chris, DON'T get shirty with me & answer ALL the questions we put to you & you might get some responses!! You don't DESERVE any responses - we offer when we feel we can do some good. If we feel you are asking in the wrong way, with the wrong attitude or have just got yourself into a position where you are beyond help .............. we will leave you to stew in your own juices!! ~ Grahame.
 

AnnaC

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Jan 2, 2002
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You don't DESERVE any responses - we offer when we feel we can do some good. If we feel you are asking in the wrong way, with the wrong attitude or have just got yourself into a position where you are beyond help .............. we will leave you to stew in your own juices!! ~ Grahame.

I have a feeling that his impatience is the very thing that got him in trouble in the first place. Didn't read the contract, didn't listen, didn't ask questions as to what he was signing. People do that and then they blame others and want a quick fix.;)

faraway may I suggest to go back to Guido Perdomo that did the deal and ask him these questions. If you signed a contract that says you have to pay loan first before selling etc etc you can't now make your own rules because you want out.

READ what you signed or take it to someone that understands whatever language the contract was written in.

We can not answer your question without knowing what you signed.
 

faraway

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We sign a Promise of Sale contract at the lawyer.
The Title:
The contract says that the transfer of the Title will be done immediately when the loan will be paid off.
Two years later when we decide to sell it and find a buyer we find out that the Title is in the process of subdivision, so the new Title corresponding to our size of the plot will be issue probably after 8-9 months from now. The Seller should be ready with the Title at the time we sign our contract.
In that case we got proof our Seller can?t provide our future buyer with the right Title and guaranty him it will be transfer immediately to his name.
The contract is set up this way: first pay off then wait until the seller fulfills his obligation (transfer the Title to our name).
We include in this contract our stipulation, which says? we can pay off any time without penalty?. Now when we had a buyer willing to pay off our loan, our seller wasn?t able to provide us with the copy of the new Title (the one which is the final result of subdivision process because is still in process).
Approved plans:
The contract says the plans are integral part of this contract, but we haven?t got them from our lawyer, real estate agent or developer.
It is not about reading the contract and not understanding, or doing something without head.
Try to understand our point of view:
When you go to the real estate agent you assume everything is check out and all the offers posted there are ?clean?.
When you go to the Lawyer/Notary and he confirm to you that this transaction is. ?clean? you give a trust.
We did read the contract and ask the questions.
Can?t you see the way the contract was set up provided the developer with the time to process the subdivision and issue of the right Title without giving us any symptoms something is missing.
When you take the mortgage and buy the house almost all around the world the legal and safe way is to buy through real estate Company with the license to operate on the market and good reputation and you let trusty lawyer to process the paperwork.
That?s the way we have chosen in our case.
But in this country when the Agent get well paid by Seller, why he should come up with something what could be solved with the bit of luck even without we could see it.
Hope now we made ourselves more clear.
 

faraway

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Mar 8, 2007
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We sign a Promise of Sale contract at the lawyer.
The Title:
The contract says that the transfer of the Title will be done immediately when the loan will be paid off.
Two years later when we decide to sell it and find a buyer we find out that the Title is in the process of subdivision, so the new Title corresponding to our size of the plot will be issue probably after 8-9 months from now. The Seller should be ready with the Title at the time we sign our contract.
In that case we got proof our Seller can?t provide our future buyer with the right Title and guaranty him it will be transfer immediately to his name.
The contract is set up this way: first pay off then wait until the seller fulfills his obligation (transfer the Title to our name).
We include in this contract our stipulation, which says? we can pay off any time without penalty?. Now when we had a buyer willing to pay off our loan, our seller wasn?t able to provide us with the copy of the new Title (the one which is the final result of subdivision process because is still in process).
Approved plans:
The contract says the plans are integral part of this contract, but we haven?t got them from our lawyer, real estate agent or developer.
It is not about reading the contract and not understanding, or doing something without head.
Try to understand our point of view:
When you go to the real estate agent you assume everything is check out and all the offers posted there are ?clean?.
When you go to the Lawyer/Notary and he confirm to you that this transaction is. ?clean? you give a trust.
We did read the contract and ask the questions.
Can?t you see the way the contract was set up provided the developer with the time to process the subdivision and issue of the right Title without giving us any symptoms something is missing.
When you take the mortgage and buy the house almost all around the world the legal and safe way is to buy through real estate Company with the license to operate on the market and good reputation and you let trusty lawyer to process the paperwork.
That?s the way we have chosen in our case.
But in this country when the Agent get well paid by Seller, why he should come up with something what could be solved with the bit of luck even without we could see it.
Hope now we made ourselves more clear.
 

BushBaby

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The abreviated version of the above post for those not prepared to read through it all:-
We didn't do "Due Diligence" we relied on the Lawyer (Same lawyer as the seller/developer??).
We didn't check our lawyer out we TRUSTED him to protect us (from the man who was paying him for the sale to us)
We didn't check the Estate Agent out who was acting for & being paid by the seller/developer.

We are now 'Royally' screwed & must pay in full before we get THE CHANCE of getting the Title Deeds (even THAT is not sure ...... whenever!)!

IF we get Title Deeds in 'X' years time (or when we pay in full if that comes sooner), we could have our house pulled down by the authorities because there are no signed & stamped plans available for the property.

Faraway - go find a GOOD lawyer to represent you. Check that person out totally before giving them instruction to fight your case (if you have a case which from what you state above appears doubtful).

I wish you good luck & hope others learn from your mistakes. As we say so often on this board, ................. DO NOT BUY UNTIL YOU HAVE LIVED HERE SOMETIME (more than 6 months) & KNOW THE WAY THINGS WORK!! ~ Grahame.
 

Ringo

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Mar 6, 2003
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I close the deal Guido Perdomo!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Soooo???

RE: BB;
Faraway - go find a GOOD lawyer to represent you. Check that person out totally before giving them instruction to fight your case (if you have a case which from what you state above appears doubtful)

Sooo???
 
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Chris

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Oct 21, 2002
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Hope now we made ourselves more clear.

Yes, thank-you. The issue is clearer according to what you state here. No developer is going to say no to money. Looks like this is the only strength you have ... bringing money (a new buyer) to the table. I reiterate, go to a good lawyer and let him negotiate this issue.
 

faraway

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Mar 8, 2007
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Thank you, by the way the lawyer we've been advice to take seems to work for us, at least according to the contract.
(...)All lawyer's legal fee... will be paid by buyer(...)
He should act as our lawyer, what definitely was not the case.
We put the offer to buy on the 28th of March 2005 at the real estate office and sign the contract day later at the Notary, after confirmation everything was clean and already check out in all aspects.
 

planner

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Sep 23, 2002
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Conflict of interest guidelines here are not the same as anywhere else in the world. Just because you paid the fees does not mean they are working for you! In fact in many many cases they play both sides. I am not saying in this case it is true, but it is not abnormal here.

You need to clearly understand that point. Now go find a lawyer who can help you understand your options in this mess. You have received good advice from Bushbaby and Chris.
 

Lambada

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When you take the mortgage and buy the house almost all around the world the legal and safe way is to buy through real estate Company with the license to operate on the market and good reputation and you let trusty lawyer to process the paperwork.
That?s the way we have chosen in our case.


No, I'm afraid you haven't, even if you thought you had. Realtors in the DR are not licensed. I thought this was common knowledge?

It appears that you bought 2 years ago for investment purposes i.e. to make a profit by selling. Is this so? And maybe didn't have sufficient funds to fully complete the sale when the other 50% became due, which is now, if I read all this correctly. Why not pay the other 50% and then you'll be able to sell with a clear conscience once you have received all titles etc to pass on to buyer? If you cannot afford to pay the other 50% you may be able to persuade the developer to extend the date due for payment so that it coincides with the completion of the deslinde process. Instead of blaming the developer, the lawyer or whoever, take a look at your own sense of financial responsibility. It would appear from what you say that you took on a debt without being able to pay it off. The developer might thus say that your entering into the arrangement was based on a fraudulent premise. I'm sure this was never your intention and maybe someone told you that the other 50% could be paid by a new buyer. But if it isn't written into your contract you may not have a very strong legal leg on which to stand. I think you should get to a good lawyer quickly to protect yourself in case the developer decides to sue you for defaulting.
 

faraway

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Thank you for you respond,
Re: Lambada "Why not pay the other 50% and then you'll be able to sell with a clear conscience once you have received all titles etc to pass on to buyer?"

Do you think it is wise to keep paying for the house? We already know, the house has none approved plans and the Title is missing, I don't think it is wise. I already risk with 50% and that?s enough.
By paying another 50% I don't solve my problem, can't only loose more.
Let's say I pay, he will still be to able to provide with those documents, at least not one year more. I could spend view years and lend in sky rocking expenses by demanding the developer without being sure how this ends.
I rather start fight for my rights right now! Can someone advice me how to find a really GOOD lawyer, which will represent only my side and is specialized in such cases. Thank you in advance.
 

Lambada

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And yet you were prepared for your buyer to put his money up to get you out of a jam?
I could spend view years and lend in sky rocking expenses by demanding the developer without being sure how this ends.

Wouldn't that have been true for your buyer also?

I don't think I'll make a personal recommendation about a lawyer because if it doesn't turn out the way you want, you'll probably blame me ;) . But if you do a search of this message board you'll find lots of recommendations.
 

faraway

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Mar 8, 2007
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Of course, that's why we stop to sell and turn to let the seller work this out and clean all the mess, he did to us.
 

planner

.............. ?
Sep 23, 2002
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Lambada you are absolutely right!!!!

How many times have you and many others cautioned people to stop - slow down and learn before investing / buying / trusting etc etc etc. And how many times do we hear the same story!!!

Everyone - it is not the same here as in : Pick One or More:

The U. S. of A.
Canada
England
Germany
Puerto Rico
Mexico
Holland
Ireland

The rules from home, where ever that is, do NOT apply here. Leave your pre concieved notions at home and discover a NEW way of doing things..... Sometimes better, sometimes worse and sometimes just different.

It is BUYER BEWARE here. When it goes BAD you have no one to blame but yourself if you did NOT do your homework. They did not DO this to YOU. YOU made some unwise choices, now deal with it. GO find a good lawyer and pay for the help you need.
 

Its_where_I_Belong

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Nov 5, 2005
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Assuming

Major Mistake: "You assumed." S

ome of the people involved in your case are big names in Sosua and it seems to me and many others on this board that your case is full of flaws. You need to sort it out nicely with all parties involved and be much more patient. That is your only way out.


.. sorry




Alain
 

AnnaC

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Jan 2, 2002
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Lambada you are absolutely right!!!!

How many times have you and many others cautioned people to stop - slow down and learn before investing / buying / trusting etc etc etc. And how many times do we hear the same story!!!

Everyone - it is not the same here as in : Pick One or More:

The U. S. of A.
Canada
England
Germany
Puerto Rico
Mexico
Holland
Ireland

The rules from home, where ever that is, do NOT apply here. Leave your pre concieved notions at home and discover a NEW way of doing things..... Sometimes better, sometimes worse and sometimes just different.

It is BUYER BEWARE here. When it goes BAD you have no one to blame but yourself if you did NOT do your homework. They did not DO this to YOU. YOU made some unwise choices, now deal with it. GO find a good lawyer and pay for the help you need.


Good list planner and add to that

you people are all so negative, I came here looking for info but you're all against anything a newbie writes ;)