I was the victim of real estate fraud in Santo Domingo. I purchased a house in November of 1999 with my Dominican girlfriend. I could not be in the country so I gave her poder de representation to purchase the house while I was in New York. The house was purchased for $760,000 pesos.
In March of 2000 the real estate agent calls to tell us the original power of attorney was not valid and that I had to go to the Dominican Consulate in Manhattan to prepare a new one. A new poder was prepared at the DR Consulate but it was in spanish and I was tricked into giving the real estate agent power to make a loan to my girlfriend. The next week the real estate agent makes a new sales contact for $600,000 pesos and makes a loan of $250,000 to my girlfriend but only pays her with a check for $80,000 pesos. The agent then puts a lien against the house for $250,000 pesos even though he only paid her $80,000 pesos. My signatures were forged on the loan contract and the new sales agreement.
In secret without my knowledge an auction (subasta) was held. The house was sold for $1,200,000 pesos. My signature was forged on the auction sales contact. I never received a any money after the auction. The agent and his lawyers stole the remaining $900,000 pesos.
I hired a lawyer who conducted an investigation and uncovered the extent of the fraud. The real estate agent also tried to bribe my lawyer.
Criminal charges were brought against Faustino Palmas Garcia the real estate agent and financiera involved in the fraud.
A trial was held in the PRIMER TRIBUNAL COLEGIADO in the Distrito Nacional before DR. ANTONIO OTILIO SANCHEZ MEJIA Juez Presidencia. We hired handwriting expert Mario Grillo who determined that the signatures were forgeries. After a 2 month trial with many adjournments all charges were dismissed.
The case was appealed to the Dominican Court of appeals. After paying a $600 dollar bribe to the Court of Appeals a new trial was ordered.
The second trial was held at the Segundo Tribunal Colegiado before Juez Sara Veras Almanzar. After a 2 month trial with many adjournments the case was also dismissed. The Assistant DA even accused the Judge of Abuso de Victima. At the second audiencia Judge Sarah Vera said she could not hear my case that day because she had another more important homicide case. She wanted us to come back the next day but I had to return 2 weeks later at a cost of over $1000 in hotel and airfare.
The lesson from this story is that if you are an American never buy real estate in the Dominican Republic. The DR has a very corrupt and incompotent legal system that is biased against Americans.
In March of 2000 the real estate agent calls to tell us the original power of attorney was not valid and that I had to go to the Dominican Consulate in Manhattan to prepare a new one. A new poder was prepared at the DR Consulate but it was in spanish and I was tricked into giving the real estate agent power to make a loan to my girlfriend. The next week the real estate agent makes a new sales contact for $600,000 pesos and makes a loan of $250,000 to my girlfriend but only pays her with a check for $80,000 pesos. The agent then puts a lien against the house for $250,000 pesos even though he only paid her $80,000 pesos. My signatures were forged on the loan contract and the new sales agreement.
In secret without my knowledge an auction (subasta) was held. The house was sold for $1,200,000 pesos. My signature was forged on the auction sales contact. I never received a any money after the auction. The agent and his lawyers stole the remaining $900,000 pesos.
I hired a lawyer who conducted an investigation and uncovered the extent of the fraud. The real estate agent also tried to bribe my lawyer.
Criminal charges were brought against Faustino Palmas Garcia the real estate agent and financiera involved in the fraud.
A trial was held in the PRIMER TRIBUNAL COLEGIADO in the Distrito Nacional before DR. ANTONIO OTILIO SANCHEZ MEJIA Juez Presidencia. We hired handwriting expert Mario Grillo who determined that the signatures were forgeries. After a 2 month trial with many adjournments all charges were dismissed.
The case was appealed to the Dominican Court of appeals. After paying a $600 dollar bribe to the Court of Appeals a new trial was ordered.
The second trial was held at the Segundo Tribunal Colegiado before Juez Sara Veras Almanzar. After a 2 month trial with many adjournments the case was also dismissed. The Assistant DA even accused the Judge of Abuso de Victima. At the second audiencia Judge Sarah Vera said she could not hear my case that day because she had another more important homicide case. She wanted us to come back the next day but I had to return 2 weeks later at a cost of over $1000 in hotel and airfare.
The lesson from this story is that if you are an American never buy real estate in the Dominican Republic. The DR has a very corrupt and incompotent legal system that is biased against Americans.
