Legal help for new condo project in Punta Cana !!!

[paradise07]

Good afternoon all,

Just wondering if anyone can give me some legal advice.

My family and I, who are Canadian purchased a condo last year in Punta Cana from what I thought to be a well know and reputable constructor.

One of the characteristics of this project was that it provided 24 hrs of security. It is clearly in the contract and on every piece of promotion that they offer.

Last week, our condo was recently robbed during broad daylight (even though we live on a second floor). Nothing was seeen or heard, because they are not providing 24 hr security, rather only 12 hr during the night.

We feel that this is clearly a breach of contract and are trying to have the developer take responsibility for the damages and losses (more than 5 000 USD). As well since, other aparments in the complex have been robbed as well, so clearly nothing has been done to increase security or deliver what was promised in our contracts.

What should our next steps be and should we go for a full fledged lawsuit, as they breached the contract ?

Any adivse would be more than helpful !

Thanks

 

[Dre Broeders]

In bananacountry you get never the 5.000 Dollar.

 

[Tamborista]

Any adivse would be more than helpful !

Thanks

Get a dog!

 

[Fabio J. Guzman]

If there is breach of contract, then, of course, you can sue.

 

[donP]

5k Only

It is clearly in the contract and on every piece of promotion that they offer.

Promises in the 'promised land'.
Papelitos, nada m?s. :tired:
Don't burn more money with a laywer.
You'd spend more than 5k to buy a sentence in your favour.

donP

 

[claufket]

We are from the US and also have a condo in Punta Cana. We have a great security guy but he is the only one that is on duty 24 hours a day. I have been very concerned about this exact thing happening. Can you post which condo you are in?

 

[SosuaJoe]

As always, Fabio is clear and to the point. You can always sue.

Of course, for 5K, you might find the time and expense to be prohibitive.

As an alternative, you might look at making a move on the condo association. This to say that if it is a new project, it is very likely that the developper runs the condo association. Since you are not happy with the service this association runs, look at getting your fellow owners together and voting in a new board. This new board could then put 24 hour security in place and, if necessary, assess the requisite funds to the condos.

Who knows, depending on how lucrative the condo association is (which varies WIDELY), the condo developper might just decide that the extra 12 hours security (especially since it is assessed to the condo fees) is not worth the hassle and will arrange for it.

As for receiving your 5K from them, with or without court proceedings? I wouldn't hold my breath on that one.

 

[J D Sauser]

..

Last week, our condo was recently robbed during broad daylight (even though we live on a second floor). Nothing was seeen or heard, because they are not providing 24 hr security, rather only 12 hr during the night.

We feel that this is clearly a breach of contract and are trying to have the developer take responsibility for the damages and losses (more than 5 000 USD). ...

If there is breach of contract, then, of course, you can sue.

I am certainly sympathetic to your cause but while I am not a lawyer, sure, it would seem logical that IF there was/is breach of contract (the management NOT providing security as described, IF so described), you and your neighbors might have a case, but for breach of contract.
But then, even once that is won, to make the argument that they are therefor fully responsible for the "consequential" damage caused by thirds (the thieves)... quite a challenge, I would suspect(?).
Have you called attention upon the fact that security was not being provided in a manner sufficient to satisfy the contract BEFORE the burglary?

... J-D.