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powskier

Apr 20, 2011, 9:09 AM

Post #1 of 9 (2681 views)

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Restricted Zone seller changed the price after accepting my offer

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My first post here. Please excuse me if this subject has been exhausted on here before.

I made an offer via email on a piece of land in the restricted zone that was accepted by the seller (mexican) through a mexican agent. (I do know the area, and the people involved enough to say that I am not flying completely blind)

Anyway, I booked my flight and set up all the meetings etc. Now, a week before my trip, I get an email from the agent saying that the seller wants to change the price. Obviously, a verbal agreement via email holds no weight.
My question is, how do I avoid this happening again?
Is there a standard document that I can have the seller sign that will solidify the terms giving me confidence to proceed?

Thanks for your help

morgaine7

Apr 20, 2011, 10:26 AM

Post #2 of 9 (2640 views)

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Re: [powskier] Restricted Zone seller changed the price after accepting my offer

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There's a standard purchase and sale agreement contract in Spanish (Contrato de Promesa de Compra-Venta Inmobiliaria), at least in Baja California Sur. Buyer and seller sign it, and the buyer makes a deposit with the offer. My RE agent used it when I made the offer on my house. When I bought my car, the Mexican seller (private party) used a more generic version of the same form, so I gather it's fairly common practice here.

Kate

rockydog85251

Apr 20, 2011, 10:33 AM

Post #3 of 9 (2634 views)

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Re: [morgaine7] Restricted Zone seller changed the price after accepting my offer

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There's no deal UNTIL money has changed hands - even if you have a signed purchase & sale agreement! At least in Sinaloa......
Willie

Vichil

Apr 20, 2011, 10:53 AM

Post #4 of 9 (2627 views)

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Re: [powskier] Restricted Zone seller changed the price after accepting my offer

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I do not know about the laws in your state but I can tell you that in Chiapas, e-mails are not acceptable documents in court. Unless your e-mail was followed by an original signed document and in the case of contract witnessed by 2 people . the e-mail means absolutely nothing. No judge will look at them. Faxes are acceptable in court but must be followed by original documents. Each state is different but it is what I found out the hard way in Chiapas.

Rolly

Apr 20, 2011, 10:59 AM

Post #5 of 9 (2625 views)

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Re: [morgaine7] Restricted Zone seller changed the price after accepting my offer

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You'll find several examples of a Contrato de Promesa de Compra-Venta Inmobiliaria here.

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

powskier

Apr 20, 2011, 12:37 PM

Post #6 of 9 (2592 views)

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Re: [powskier] Restricted Zone seller changed the price after accepting my offer

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Thanks for the input. It sounds like my best bet is to try and get the seller to sign a compra venta before I get there, so that even if it's not legally binding, at least it is in writing and he may be more likely to stick to it when the time comes.

surebought

Apr 20, 2011, 2:59 PM

Post #7 of 9 (2547 views)

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Re: [powskier] Restricted Zone seller changed the price after accepting my offer

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This is a very common tactic among the Mexicans. Sometimes they just want to move the the lot lines after you have an agreement. They start telling their relatives about how much they are getting for the property and all hell breaks loose. My advise is don't give them a deposit. Just walk away. You are not out anything yet. Everything is for sale in Mexico and if you look and do your do diligence, you could find a much better property for less money. Forget about trying to hold them to the agreement. You can't expect the legal system here in Mexico to bail you out of a big problem and get you your money back once its changed hands. One good thing to say is, "I value your friendship so much that I can get involved in buying your property, because it might lead to conflict." You both can save face this way and then move on to something else..

eyePad

Apr 20, 2011, 5:45 PM

Post #8 of 9 (2509 views)

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Re: [powskier] Restricted Zone seller changed the price after accepting my offer

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At the risk of stating the obvious you do NOT want to give a "deposit" or any other consideration unless the transaction completes at the same time (ie in front of the notario). There is so much fraud in Mexico and you are at risk that the other person, once receiving money, simply disappears. No one will help you, they will laugh at you for being dumb. I learned that the hard way.

Marlene

Apr 21, 2011, 7:42 AM

Post #9 of 9 (2420 views)

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Re: [eyePad] Restricted Zone seller changed the price after accepting my offer

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Truer words were never spoken. Never enter into any land or home purchases without using a Notorio. You gain nothing, and have everything to lose by trying to do something like this on your own. This is something reputable real estate sellers will advise you.

(This post was edited by Marlene on Apr 21, 2011, 7:42 AM)