Anyone familiar with Real Estate law in Mexico? I'm in a jam (pf)
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Poast new message in this thread
Date: December 21st, 2024 9:16 AM Author: mysteryfgt
Sup, this is PF, I don't post often but I literally came here for legal advice.
I need advice from practicing lawyers; please, serious responses only:
I co-own a property in Mexico. We entered into a one-year lease agreement with a tenant, granting them the first right of refusal to purchase the property at the lease's end. Upon the lease's conclusion, the tenant expressed interest in purchasing and provided a 30% down payment. We formalized a sales agreement and scheduled a closing date.
However, a day before the closing, an individual claiming to be the rightful owner presented an "amparo" (a legal injunction in Mexico), halting the sale and placing us in breach of contract, subject to penalties. Resolving the amparo is expected to take about a year.
The tenant now considers us in default and is threatening legal action. While we've offered to return the down payment, they are demanding double the amount for the delay. Our attorney believes we lack sufficient evidence to prove the tenant orchestrated this obstruction, despite our suspicions, since he delayed the purchase for several months and always acted very suspicious.
The tenant proposes settling the matter by purchasing the property at 70% of the original agreed price. We feel that this was his original plan. We're cornered and are unsure of our legal options to avoid significant financial loss. He's threatening to take us to court.
If anyone has expertise in Mexican real estate law or can offer guidance, your assistance would be greatly appreciated.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48471990)
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Date: December 21st, 2024 9:22 AM Author: i should call her
lol this type of dumb shit is why i stopped owning property in mexico
these spics are vile little kikettes and they are all colluding around you
guessing they sense you are an outsider of some sort and smell the blood in the water
ime ur fucked and everyone is getting a slice even if u were 100% on high legal standing these little spics will still fuck you over
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48472006) |
Date: December 21st, 2024 9:37 AM Author: Slow Children Playing
Pf i like how you clown on whokebe here.
No one can help you here. Law is local. You're not even talking about Texas or Tennessee you're talking about a completely foreign jurisdiction with a civil code and no one here knows what the fuck an Amparo is because we don't have it.
Taking advice from someone here is a bad idea for that reason alone but even worse is that most people here are fucking retards
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48472047) |
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Date: December 21st, 2024 9:46 AM Author: mysteryfgt
Yes I figured, but I thought I could get lucky and maybe someone might have some info, I don't even know where to start looking for a good lawyer. We thought the one we have right now was good but he's being a total dick about this issue.
Clowning on whokebe is 180.
ty
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48472088) |
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Date: December 21st, 2024 9:13 PM
Author: ,.,...,..,.,.,:,.;,.,.,:;,,....,:,..,:.;.,:.::,.
Mexican Jew like Claudia Sheinbaum or Eric Garcetti
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48474049) |
Date: December 21st, 2024 11:51 AM Author: platiste
Thoughts on Whokebe's dotter?.
Is Chet Baker tp the real Whok or an imposter?
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48472387) |
Date: December 21st, 2024 1:16 PM Author: cowstack
Amparo is out of your hands; it is a court-driven process.
When a a sale agreement is halted due to a legal impediment outside your control, some contracts include a “force majeure,” “legal impediment,” or “impossibility” clause. Whether or not your contract has such a provision could determine what remedies each party has.
What to check:
• Is there a clause excusing performance if a legal injunction prevents the sale?
• Does the contract specify penalties or damages if completion is delayed by legal proceedings not caused by the seller’s intentional misconduct?
If there is such a clause, you might have a strong argument that you are not in breach, but rather, the transaction is temporarily impossible due to a third party’s legal challenge (amparo).
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48472604) |
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Date: December 21st, 2024 3:03 PM Author: mysteryfgt
There's not such clause for a legal injunction.
This is the only clause:
In the event that this contract is breached by “THE LANDLORDS AND PROSPECTIVE SELLERS” and they decide not to proceed with the sale transaction, they shall return the agreed amount from the deposit received and pay the contractual penalty to “THE TENANTS AND PROSPECTIVE BUYERS” within no more than 5 business days from the confirmation of the breach in accordance with this contract and the established deadlines, provided that “THE LANDLORDS AND PROSPECTIVE SELLERS” have received the payment described in Clause Three of this document.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48472972) |
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Date: December 21st, 2024 3:17 PM Author: cowstack
I don't understand how he's offering to buy it at a slightly discounted price if your ownership is in dispute.
No rational buyer would offer more than pennies on the dollar because it's a speculative investment play at this point
Doesn't that make it blatantly obvious that he is behind the whole thing?
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48473022) |
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Date: December 21st, 2024 3:25 PM Author: mysteryfgt
Exactly my point.
This was the response from our "lawyer" when I raised that concern:
"I don't see any concrete evidence or objective proof of his involvement."
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48473044) |
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Date: December 21st, 2024 6:17 PM Author: cowstack
Idk man if you just signed on the dotted line with no experience doing local RE deals then I gotta assume he's covered his tracks well, and bribed every corrupt official in town
Assume your current attorney was cut in on the deal, and they're all laughing at you behind your back
Assume you have zero options to "legally" back out of the contract or claim it's not enforceable
Do you have any friends or family in the cartel? I would be looking to cut my losses right now and sell at an even more discounted rate to someone who knows the lay of the land and will pay cash for keys in the next 72 hours so you can just walk away clean
What I definitely would NOT do is voluntarily hand over another peso to some dude who royally fucked your ass like this
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48473551)
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Date: December 21st, 2024 7:11 PM Author: mysteryfgt
Someone above said I should go to the cops directly and see how that goes.
What do you think about that option?
If he took us to court, there aren't real claims that could get us in trouble unless he really bribed everyone around.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48473714)
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Date: December 21st, 2024 7:13 PM Author: mysteryfgt
If you're knowledgeable in Mexican real estate law and can take down this bastard, we can talk.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48473722)
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Date: December 22nd, 2024 5:36 AM Author: mysteryfgt
Sounds like you can't read. I'm assessing my lawyer's strategy to determine if seeking new counsel will be necessary. I don't reside in the same city as the property, so I'm taking care of this remotely.
"Just throw more money at it and skip researching online, even though there's plenty of stuff you can get for free."
You sound smart.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48474678) |
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Date: December 22nd, 2024 11:55 AM Author: Epistemic Humility re: Existence of Santa Claus
I'd ask XO for almost any IRL situation that wouldn't out me. I had to deal with an amparo once. It was wild.
I also had a community property case in NM once. But I don't have a clue what OP should do.
Probably hire a private investigator is what I thought.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48475150) |
Date: December 22nd, 2024 3:04 PM Author: mysteryfgt
Update
The response from our "lolyer" is this:
"After reviewing the buyer's message, it's clear that the penalty clause applies only if one party withdraws from the purchase agreement. This situation is exceptional and cannot be attributed to you (speaking of the amparo/legal injunction). In my opinion, a judge would likely rule that the penalty the buyer is attempting to impose is unjustified. Therefore, unless you're inclined to pay the demanded amount, reaching a settlement seems unlikely, necessitating litigation. The buyer is entitled to interest accrued since the down payment, approximately 20%, which should be added to the refund.
Regarding his lawyer, communication has been consistently poor. Despite attempts to understand their position, he has been unwilling to engage in meaningful discussions."
I'm wondering whether we should wait for the buyer to sue us or if we should take the initiative and sue for extortion. Someone earlier suggested going straight to the police, and I agree with that approach. I'm puzzled as to why our lawyer recommends waiting to be sued. Should we wait for a lawsuit, or should we file one ourselves for extortion?
Do we need to prove damages before we can sue for extortion, or do we wait for the damages to happen?
I do need a PI and a new lawyer I guess.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48475776)
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Date: December 22nd, 2024 8:39 PM Author: .,..,.....
You sound like someone's confused boomer aunt ranting on Facebook.
I am RE attorney and I have dealt with plenty of international transactions but you are way too annoying and confused to deal with, 100% you'll argue and push back like an idiot if anyone lays this out for you.
Your above assertions that your inability to locate a competent lawyer in Mexico is dud to Mexico and not your own stupidity or lack of social affluence tells me everything I need to know.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48476820) |
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Date: December 22nd, 2024 8:47 PM Author: Epistemic Humility re: Existence of Santa Claus
Your lawyer's legal advice sounds right.
But you need a new lawyer who is going to hustlefuck this case ASAP - or your property is going to be tied up for a long time.
I'd send the buyer their down payment right away and offer the interest in exchange for a release.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48476841) |
Date: December 23rd, 2024 3:20 AM Author: cowstack
This is not legal advice but here's what I would do in this situation (NOT LEGAL ADVICE)
1) Tell the buyer you returned his down payment in the mail already and that you consider the contract canceled;
2) Tell him the original contract you signed is not enforceable because you are a merely a co-owner, and don't mention any other reasons;
3) Have your lawyer pivot from sitting on his ass to eviction proceedings on tenant if he doesn't keep paying rent
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48477632) |
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Date: December 23rd, 2024 5:57 AM Author: mysteryfgt
All owners are involved in the dispute. The communications include all owners.
I was wondering if anyone here has access to criminal records, we're not sure if he's Mexican, he has a slight Spanish accent (Spanish from Spain.)
I am getting a lawyer friend of mine check criminal records in Mexico but checking if anyone has the ability to check internationally.
(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2#48477705) |
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