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gpk

Apr 13, 2003, 2:56 PM

Post #1 of 7 (1181 views)

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Will I ever adjust?

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Will I ever adjust?

I’m selling an apartment in Leon, Guanajuato. The realtor I bought it from (who also lives in the complex—so he’s a “friend”) is handling the sale. The apartment is rented, lease expires April 15. I told the realtor about 6-8 weeks ago to inform the tenants that the lease was not being renewed. Last week I called the realtor (4 times—he never returned my calls, but I finally reached him) to inquire about whether the tenants were planning to vacate—always an issue in Mexico, and, it seems, especially in the state of Guanajuato.

Anyway he told me that he had told the tenants they could stay until May 15 and the deposit was to be the rent for this extra month.

My issues—

I was clear that the tenants were to move—the apartment will not sell if occupied. Should the realtor have ASKED me if the holdover was OK? And at the same (already under-market) rent.

The holdover leaves me without security for phone/electric charges that arrive after they vacate. Also, no damage protection. Should the realtor take personal responsibility for these items?

I have a friend who may be interested in the apartment, but now he can’t see it for another month, so he probably won’t be interested. A possible lost, commission-free sale

My Mexican friends all just say “Things work differently here” and that I should just calm down. Do you agree with them or me?

alex .

Apr 14, 2003, 8:06 AM

Post #2 of 7 (1136 views)

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Re: [gpk] this could get interesting

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The realtor friend could have a stronger alliance with the tenants than with you. If that is so then what happens from here depends on the realtor's and the tennants' perception of your ability to afford a lawyer or two.
The escrituras are in your name?

I liken "adjusting" in Mexico to that of being a young horse just being broken: the sooner one stops bucking and kicking and acknowledges that sometimes you will have to carry a load, the easier life gets. What I am trying to say is that this deal could be just as it appears at face value, or not. Either way, be mellow, as your friends suggest, and deal with it as it unfolds.

I have abit of experience dealing with realtors, notarios, peritos, abogados, and the Palacio. Expensive lessons they were. You want to get that phone shut off ASAP, they can use the payphone on the corner. You can have the line suspended, rather than cancelled, and activate it later if you like.

Keep us posted,
Alex

(This post was edited by alex . on Apr 14, 2003, 8:20 AM)

wendy devlin

Apr 14, 2003, 10:00 AM

Post #3 of 7 (1119 views)

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Re: [gpk] May not be just a matter of 'adjustment'.

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Gpk:

I concurr with the advice that Alex has offered to your inquiry...and wish to add something to it. Both he and I share similiar information based on experience about how 'business' is often done in Mexico.

Your comment "My Mexican friends all just say “Things work differently here” and that I should just calm down. Do you agree with them or me? "

For starters... I agree with you... both.

From your posting, I detect a sense of confusion and/or betrayal with recent events concerning your property.

And...Like Alex, I am wondering if your real estate friend's 'alliance' with the tenants is stronger than his 'friendship' with you.

For in my experience, if you possessed his RESPECT in this friendship, he would not be dealing with you in this manner. In Mexico, it is my perception that people are generally very savvy with taking the 'measure' of each person.

Afterall economic survival is based upon this ability.

If your 'friend' is dealing with you like this, it is likely because of his prior assessment of you as a person... that he can.

And Alex says, "If that is so then what happens from here depends on the realtor's and the tennants' perception of your ability to afford a lawyer or two."

And should you seek legal help...

it is entirely possible that your friend's alliance may be 'strong' with local abogados and other local authority figures. If necessary try to seek independent counsel.

You may be in the 'right' but proving this, might be costly in both personal and economic terms.

Meanwhile... you can continue to'work' on resolving the issues with your 'friend'...whether a show of sweetness or strength at this time, might depend upon the dynamics of your relationship prior to recent events. And immediately taking self-defense measures ...like suspending the phone service.

You may be aware that it is not uncommon for tenants also to leave large outstanding electrical bills that will result in electricity to your property being cut...until the bill is paid.

I would also say... that you are not experiencing anything 'out of the ordinary'...in fact... in my experience, such events are so common that one must exerise great caution in entering any real estate transactions...and even many rental situations.

It is an often stated observance in Mexico, that it is relatively easy to rent a property...it is often near impossible to evict a tenant.

Also from a tenant's point of view, it is OFTEN impossible to continue renting a property IF a landlord wishes you to leave.

Accustomed as you might be to laws existing to protect the 'rights' of land/tenant relationships...in other countries, in Mexico, you may find that such laws even if they are on the books, will not necessarily be enforced.

It may make the price of 'adjustment' more than you are willing to pay.

Please keep us posted...and wishing you...

a favorable outcome.

Wendy

Rolly

Apr 14, 2003, 12:07 PM

Post #4 of 7 (1109 views)

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Re: [gpk] Will I ever adjust?

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I have a friend (local Mexican) who has a rental house that he wants to reclaim for a relative to use. He has been trying for 3 months to evict the renter. He still has no idea when the renter will leave. I asked why he doesn't just unplug the electric meter. He said he couldn't do that. I wanted to ask why not, but I ran out of language skill.

I have a renter friend who was evicted after the house was sold. He was dragging his feet about moving. The new owner offer a cash bonus to get out, but my friend didn't accept the offer. Then it turned ugly, and my friend left in a hurry when he became convinced that he and his wife were in danger. That was not the first time I had heard of an eviction turning violent.

Recently I was approached by an English-speaking local landlord who owns several rental houses. He wanted to sell me some or all of his properties. After I convinced him that I was not interested, we had an interesting conversation about why he wanted out of the property business. One horror story after another. In the end I was even more sure that I don’t want to be in the rental business in Mexico.

Good luck in solving your problem in a non-violent manner.

Rolly Pirate

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

alex .

Apr 15, 2003, 7:40 AM

Post #5 of 7 (1060 views)

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Re: [Rolly] pulling the meter

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There is a reluctance to pull the meter for fear of reprisal from CFE. We were able to get an electrician to do it, but he sure was apprehensive about it. It didn't help. Neither did letting the gas run out. The folks continued to occupy the apartment, burning candles at night, eating on the street, bathing in cold water. Where they are from they don't have the luxuries anyway so are quite accustomed to living that way.
Alex

gpk

Apr 15, 2003, 12:37 PM

Post #6 of 7 (1041 views)

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Re: [gpk] Will I ever adjust?

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Thanks everyone--I've tried to calm down and it helps. By the way--the problem is with the realtor, not the tenants, so I didn't want to bother them. The realtor has a buyer for me who will buy it occupied. The price is not too bad (not that great, either) so I've decided to sell and move on. Thanks again.

alex .

Apr 16, 2003, 7:40 AM

Post #7 of 7 (1010 views)

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Re: [gpk] thats great news

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thank goodness it didn't go the way I thought it would.
Alex

(This post was edited by alex . on Apr 16, 2003, 7:41 AM)