Some legal questions

[johne]

Wondering whether there are similar entities, laws, procedures in the DR as in the US;
1) Is there a District attorney-one who would bring a criminal action.What is this department called?
2) What type of proceedings do they generally bring?
3) Is there a court similar to "small claims" court? Maximum claim amount?
4) A clerk's office where a claim or judgement is filed for the public record?
5) Lis Pendens?
6) Order to show cause?

Sorry for the lengthy list--any and all answers are appreciated.
Thanks in advance.
JOHN

 

[planner]

Lengthy answer!

Here is what I found out for you - it is not meant to be complete and absolute:

1. General District attorney in each municipal area - several assistants divided into departments a. Robbery b. Physical Agression etc etc

2. It starts with filing a complaint - IN WRITING - otherwise it won't be as effective. You will be given a civil file number.

3. As there are different types of "small claims" it depends on what the case is. You file a case and it goes before a "tribunal" based on type. Simple might be claim for child support or unpaid wages. Others: Violence, robbery, assault. After the complaint is filed it passes to the appropriate tribunal could be heard by 3 judges - Tribunal Colegiado or 1 judge - Penal Court.

4. Filed at the Juzgado de Paz - district attorneys office in the area.

5. Litispendencia - we think this is what you mean. this is civil and is a request to put two or more similar matters together before one ourt.

6. Yes - but based on whether it is civil or criminal - the process is very different and can be complicated.

I hope this is what you are looking for. IF you want more help, just PM or email me.

 

[johne]

THanks a bunch

Here is what I found out for you - it is not meant to be complete and absolute:

1. General District attorney in each municipal area - several assistants divided into departments a. Robbery b. Physical Agression etc etc

2. It starts with filing a complaint - IN WRITING - otherwise it won't be as effective. You will be given a civil file number.

3. As there are different types of "small claims" it depends on what the case is. You file a case and it goes before a "tribunal" based on type. Simple might be claim for child support or unpaid wages. Others: Violence, robbery, assault. After the complaint is filed it passes to the appropriate tribunal could be heard by 3 judges - Tribunal Colegiado or 1 judge - Penal Court.

4. Filed at the Juzgado de Paz - district attorneys office in the area.

5. Litispendencia - we think this is what you mean. this is civil and is a request to put two or more similar matters together before one ourt.

6. Yes - but based on whether it is civil or criminal - the process is very different and can be complicated.

I hope this is what you are looking for. IF you want more help, just PM or email me.

Thank you for doing all that research to answer my questions.Number 5 is not what I was referring to but thank you for the effort. In fact, my inquiry would be very relevant to people engaged in real estate transaction-in one brief sentence I will try and explain and hopefully Mr. Guzman will come on board and help me out later.

Let's say you have a contract to buy a house-seller thinks they can get a better price and wants to walk-you file for (doesn't mean you will get it)
a" lis pendens" which becomes part of the public record that another person cannot buy this house with clear title --generally that will stop any other transaction until the matter is settled and the lis pendens is removed.
(only effective with a title company search that will uncover it)
john

 

[planner]

You are very welcome! Glad I can help.

Will see what I can find out on the last part - but -I can tell you I have never heard of this!!! And I have heard ample stories of people who thought they had an accepted offer be sidestepped for a better offer, or the contract simply cancelled as the seller decided they now wanted more money. But, I will confirm this.

 

[planner]

More answers

This is interesting - if you have a legal offer to purchase - and it contains a clause saying that it can be registered at Title Registry, then you can do it. It will be registered against the title.

HOWEVER - this will not stop another sale. It will just make people aware of it - if they actually look.

So, basically it is not the protection you would have in other countries.

I hope this helped you! If you need more info - just ask.

 

[johne]

This is interesting - if you have a legal offer to purchase - and it contains a clause saying that it can be registered at Title Registry, then you can do it. It will be registered against the title.

HOWEVER - this will not stop another sale. It will just make people aware of it - if they actually look.

So, basically it is not the protection you would have in other countries.

I hope this helped you! If you need more info - just ask.

Not so sure that this would not stop the sale. Generally, (in the US) it means there is another party that has rights and interest in the property and since this is a potential legal action against the property (not the person) title companies (such as Stewart) would not give title insurance.

This is only my understanding of US law. I in no way know how it works in the DR.

 

[planner]

Considering that this information came from a lawfirm that I do consulting work for - I tend to believe them.

Maybe this is how it is done in the US but NOT here.

In many ways you have to park what you know about the US and do copious amounts of research here! And under no circumstances assume that because it works that way elsewhere it will work that way here......LOL

 

[johne]

Considering that this information came from a lawfirm that I do consulting work for - I tend to believe them.

Maybe this is how it is done in the US but NOT here.

In many ways you have to park what you know about the US and do copious amounts of research here! And under no circumstances assume that because it works that way elsewhere it will work that way here......LOL

100% correct and the reason I turned to DR1.
Thanks for your help.
john

 

[planner]

Siempre John

 

[Fabio J. Guzman]

Our recommendation is to sign a Promise of Sale instead of accepting an offer. The Promise is usually enforceable while the accepted offer may not be because of non-compliance with Dominican real estate law. If the seller tries to back out of the Promise of Sale, you may petition the Land Court to transfer the property to you, and if everything goes as it should, you'll get your property. If a seller backs out of an accepted offer, legal technicalities may well prevent you from enforcing the agreement.

Below you'll find an excerpt from our website article on buying real estate:

Preliminary Steps: Real estate purchases in the Dominican Republic do not usually follow the North American pattern of a written offer tendered by the buyer to the seller, followed by the seller's written acceptance. Instead, after verbal agreement is reached by the buyer and seller on the price, a binding Promise of Sale is prepared by an attorney (solicitor) or notary public which is signed by both parties. (Notaries in the Dominican Republic are required to have a law degree.)

Because of certain peculiarities of Dominican Real Estate Law, it is recommended that the prospective buyer retain a real estate attorney (solicitor) before signing any documents or making a deposit. Depending on the wishes of the parties, the attorney (solicitor) may proceed with the due diligence first, before preparing the Promise of Sale, or alternatively, prepare the Promise of Sale first, conditioning the purchase to the results of the due diligence to be done in a specified term.

? Promise of Sale: This is a formal document, binding on both parties, and signed by them in the presence of a Notary Public. From a practical point of view, it is more important than the Deed of Sale, since it generally contains a complete and detailed description of the entire transaction up to the time when the purchase price has been paid in full and the property is ready to be conveyed to the buyer.

The Dominican Republic Law Firm: Guzman Ariza, Attorneys at Law.

 

[johne]

Thank you Mr. Guzman, Interestly I have just begun to buy property outside my home state of NY. In North Carolina the Promise Of Sale you mention is almost exactly the same ie: the Promise of Sale details are more important than the deed.

JOHN