Partnership with a Dominican

earosemena

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Aug 18, 2002
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If an American, (or any non Dominican for that matter) enters in partnership with a Dominican does the Dominican Law has any provisions to protect the investment of the foreiner or do the courts always rule in favor of the Dominican? I'm thinking of a simple scenario, like buying a car or maybe something a little more complex like real estate. And how about a business?
 

Golo100

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Jan 5, 2002
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earosemena

First, are you sure you really want to get into a partnership with a Dominican? If so, then you better find out real soon about our laws. You're going to need a lawyer very soon to help you out of the mess!!!

TW
 

Escott

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Jan 14, 2002
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A famous Expat once told me how to bring home a million US dollars back to the states.


First thing you need to do is bring down 2 million dollars, get 1 ripped off and go home with one. Still have been able to argue that point.

Cheers
 

Fabio J. Guzman

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Jan 1, 2002
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The foreigner should be aware that the Dominican law establishes in Article 16 of the Civil Code and in Article 166 of the Code for Civil Procedure that the non-resident foreigner has to deposit a bond in court if he wants to sue another person in the DR. The amount of the bond is determined by the judge. Therefore the foreigner should either obtain a residency or do all his investments through his own Dominican corporation.

Besides that, the foreigner should simply be as cautious as he or she would be in his or her own country: Get his/her own attorney, do business only with a financially solid person, sign only what he or she understands and in general be as precise as possible.
Most foreigners get in trouble because they have simply forgotten to apply all the normal rules for doing business. Therefore I think the whole discussion should be less about a possible nationalistic tendency in the Dominican legal system (the obligation to come up with a bond exists in many countries) but more about why some foreigners behave in such a way.

Chris (please only blame me for this statement).

P.S. I am a foreigner myself.
 

earosemena

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Aug 18, 2002
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Thanks for all your good opinions and advise. As I get more and more involved with DR I feel I should know the laws of this country.
I've been thinking about buying a car and having a person of trust keep it, (and use) while I'm away. I have a person a trust, (ok, yes a man) and I thought this may work for both of us. We both end up having a car and I don't have to spend any more senseless money in overpriced retals.
I have read many horror stories about Dominicans but, I guess I've been lucky, I haven't had a bad experience. I guess I've been trained in Miami, where we have creeps of ALL nationalities.
Anyway, thanks again and any further feedback will be appreciated.;-)
 

Hillbilly

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Jan 1, 2002
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Now, that, I don't like. Cars get hurt, need money. they are like wives and boats, they need maintenance...they get stolen...Not a good Idea. Let your lover get the money by working at something other than the entertainment staff at a hotel...let him buy it...What you are suggesting is not a partnership, just say it: I am going to give my lover a car!. Do it and forget about it...

HB
 

AnnaC

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Jan 2, 2002
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Earosemena
In the long run it will be much cheaper to rent. How much time do you spend there? Who will pay for repairs while the car is not being used by you? If you have a car at home you know what it's like to keep one on the road and all the expenses. Better establish ahead of time who will pay.
 

Golo100

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Jan 5, 2002
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Ho,ho,ho! Santa is coming

For god's sake......How many times are we going to hear about this absurdity. And to think that it is not only foreigners who commit this idiocy, but also Dominicans abroad, who buy cars in DR and leave them in the hands of "trusted friends" so they can save on car rentals.

Even in pure numerical terms it does not work. Supposing that your friend is the Cardinal or the Pope, who can be trusted(more or less) you would have to travel to DR every week to make it worthwhile.

Any decent car in DR or imported would end up costing you over $250,000 just the price, add maintenance, insurance,plates, revista,repairs, accidental damage fixed,car washes, etc. But the worst part is wether or not you will have a car when the Dominican you left it with destroys it on the road like most Dominicans do.

Dominicans do not avoid pot holes, drive over "policia acostados" as if they were not there, drive and park on sidewalks, drive on flood days,hardly ever check their oil, accelerate towards red lights to make sudden stops,drive on mud as if they were getting a facial. Be serious man you hate your car too.


TW
 

sjh

aka - shadley
Jan 1, 2002
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This stratagy can be a great money saver:

_IF_ you buy a cheap old junker and travel in the DR often enough to justify the cost.

_IF_ the person you leave it in the care of is reasonably trustworthy.

these are big ifs
 

Golo100

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Jan 5, 2002
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Cubanita, I thought you were talking about a real car

You are absolutely right about the US$3000. Any man who drives a car like that in DR will not defect you. He probably would be under such dire need of food and money that he will be your slave.

People who drive $60,000 pesos cars are mostly doing concho or work as bank tellers at best. So your investment is safe. You are better off placing it in his name. Like you said, who cares what he does with a car like that. Chances are he won't do anything to harm you. The man needs your hard-earned cash, so the car means nothing. Just in repairs alone you will have to give him a helping hand everytime you visit.

TW
 

earosemena

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Aug 18, 2002
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You made me laugh, Golo, that's a very realistic assesment. When I was living in the West Coast of the US, I had a beach house in Cabo San Lucas, Mx. It was never finished and even at that I sold it a very decent profit. In those days, that was my choice for retirement and I had a fantasy that I'd have a super cute house boy taking care of the house and me. (Not necessarily in that order.) Maybe subconciously, (or on a subtle level of awareness) I'm looking for the same thing. If guys can do why can't we women do the same. Look at Jackie Collins or Sarita Montiel just to name a couple. So much for that.
 

earosemena

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Aug 18, 2002
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Thanks, gentlemen for your kind offers. I have the guy and when I'm not in town I expect him to use the car.
 

Jim Hinsch

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Jan 1, 2002
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Sure, and he can make money with it as a "taxi" and not have to take the bus and save time and money too! Oh, don't forget that cars are great for picking up girls in Santo Domingo.

Joking aside, we really should not paint all Dominicans with the same brush. I've got a Dominican friend. I financed a his current vehicle (in part) and the motor on the back of his boat (I paid for it). Both are emaculately maintained (I don't care) and he did comply with the agreement. Of course he didn't actually have to pay me cash. I was paid by my water skiing rate being reduced and then used as payment until we were even, along with some significant perks.

I also lent a motoconcho money in exchange for 1 year of free service for me, my friends, or whoever I designated, whenever and wherever needed it and he did not welch. Of course not. Every time he saw me or my friends was a great opportunity for more generosity to come his way!

Many Dominicans do trash their stuff, but have you ever seen a pretty decent dwelling that a Dominican has put together from what I would call trash and scraps? Amazing. Half-ass ingenuity at it's best! I built my share of forts in the woods from construction site scraps when I was young, but these guys are really master fort-builders. Then again, I've seen a few places for which I would prefer to live on a dirt lot with a hundred dollars worth of K-mart camping equipment.

It's amazing how many Dominicans do not know what the controls in their cars are for. Simple things like the defrost, the temperature slide, and the recirculate/outside-air switch. I once was in a taxi with fogging windows as he desperately tried to keep it wiped while hanging his head out the window. I reached forward and flipped the controls to high-fan, defrost, and pushed in the air-conditioner button and it cleared like magic. He was like, "wow, how'd you do that?".

Buy the car. Let him pick out the model and negotiate the price. Thank him for getting you such a good deal. Tell him he looks really good behind the wheel. Tell him you can tell he's a good driver by the way he makes those left turns. Tell him you like it when he drives and you sit next to him. Adios mio. Consider it a gift, nothing more.
 

earosemena

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Bless you Jim, that's my picture. I know that it isn't fashionable to trust but I always come out ahead. And you know what? Even those times where someone has fooled me, I've been rewarded in some other manner and/or by someone else. But I'm not stupid either. I wanted to research all the consequences of my ultimate decision. Thanks for your very positive comment.
 

suarezn

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Feb 3, 2002
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Dominicans and cars

I disagree that Dominicans trash their cars, house, etc. Cars are a very expensive commodity there and most people keep them looking and running in excellent condition, because most people cannot afford to buy a new one a year later. You try to avoid potholes and policia acostados. The problem is sometimes there so many of them that it's impossible to avoid them, and the policia acostados are more like "coroneles acostados". From what I've seen, most people wash their cars weekly or even more often than that. Even the crapiest looking cars are normally clean inside and smell good. Being clean, smelling good, and having a good sounding music system are three very important features that Dominicans like to have in their cars, because having a car is not just for transportation, but also a way to pick up girls. This extends beyond their cars to their houses and other possessions. Dominicans are funny people. While they think nothing of throwing garbage on the streets, they try to keep the inside of their houses immaculately clean, try to always dress nice and smell good. Such a dicotomy.

I do agree with Jim that a lot of them don't know what all the controls are for, then again the controls are in English and nobody receives formal driving education.
 
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Jim Hinsch

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Jan 1, 2002
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The controls are often in "icon" language.

Now that I think about it, I hate all those neighborhood speed bumps, and how annoyingly slow people drive over them to avoid bottoming out - bad springs?. And I'm always being looked at like I'm rude when I slam a car door shut. I'm used to applying a greater force to close a car door and not used to those foreign jobs that close with a little "click".

Driving school is popular (like computer school, beauty school, english school). You'd be surprised how many get formal training. I cannot attest to the quality of the training.
 

Hillbilly

Moderator
Jan 1, 2002
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FYI: Speed bumps are illegal, except in front of schools. Period.
If you have influential friends you can get a grader and tear them pu in any residential area. Can't touch you...

Note: Do not, repeat, do not put your name on the title. It makes you responsible for anything done by the car or vehicle. Rather get a signed bill of sale, with no date, or a "Pagar?" (Legal I.O.U. un the DR) for the value of the vehicle. Just so you have some control....Or get the vehicle financed by some company and put a Non Transferable Title on it.

HB