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salto_jorge

Nov 3, 2010, 1:10 PM

Post #1 of 6 (1622 views)

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Has anyone used PROFECO in relation to home problems

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Has anyone used PROFECO in relation to home problems ?

I am upset with the builder/contractor that I purchased my home from and them not wanting to make promised repairs and repairs that I think they should make.

We have been missing around with them for over 1.5 years, with the last issue being the concrete wall and yeso.

The contractor insists that they will only patch the wall and after three days, Monday to today they are still messing with the wall and plan on calling it quits at the end of today.

Currently the skylights leak water, the sliding doors have issues, the sinks leak water into the cabinets, the bottoms fall off the custom made sinks, cracks in the walls, leaking waste pipes on the second floor into the laundry room, then the concrete wall and moisture issues.

We have had to replace the wires in the home due to the gage that they used was 22 worse, replaced the sliding glass locks, replaced the fresh water supply system, replaced the 100 feet of main power feed from the street, sealed the roof, vented the hot water heater that is in the home, replaced the bell\intercom system at the front gate plus much more.

I was told that we have 1 year from when we received the title to the property after having to get a lawyer to prevent a complete loss (March 2010) even though we purchased the property back in April of 2009. Does anyong know anything about this ?

PROFECO # 011-52-55-5625-6700 (5568-8722) (5211-1723) in Mexico City, dial 9 for the operator, spanish language only
http://www.profeco.gob.mx/english.htm
Email: extranjeros@profeco.gob.mx

(This post was edited by salto_jorge on Nov 3, 2010, 2:11 PM)

morgaine7

Nov 3, 2010, 2:53 PM

Post #2 of 6 (1604 views)

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Re: [salto_jorge] Has anyone used PROFECO in relation to home problems

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A close friend of mine is winding up a case with PROFECO against her builder/contractor. It has taken an enormous amount of time and effort on her part, and on theirs. She had a written contract with the builder, and she prepared detailed photo documentation of work that was not completed, not done as specified, or faulty. In a couple of instances, "expert witnesses" were used to determine that the work wasn't done properly.

The builder missed some PROFECO meetings and has been heavily fined. He also agreed in their presence to do certain further work and even started some of it but did not complete it.

PROFECO have been very supportive of my friend and harsh on the builder. They say she has grounds for both civil and criminal suits against him. However, you should be aware that PROFECO do not file suits nor recover money for the complainant. Their role is mainly to facilitate (arbitrate, if you will) a settlement between the two parties. Fines levied by them are collected by Hacienda and are not paid to the client. Often their involvement is enough to get matters resolved, but in some cases, like this one, it doesn't work out. Once they have done what they can, they issue a final report with the findings. That will serve as ammunition for my friend's attorney if she files suit.

I don't understand what you wrote about receiving title. Is yours some sort of developer contract?

Kate

(This post was edited by morgaine7 on Nov 3, 2010, 2:56 PM)

salto_jorge

Nov 3, 2010, 3:59 PM

Post #3 of 6 (1584 views)

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Re: [morgaine7] Has anyone used PROFECO in relation to home problems

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We purchased a new home in a new coto using a real-estate agent and signed all the paperwork, went to a notario paid the builder/contractor in full who built the home and then waited for the paperwork and a few items at the home to be completed. The seller messed around with the paper work and remaining items, so we then went to a different lawyer and notario who was able to complete the title work for the townhouse this past February, 2010.

To date, how long has your friend been messing around with the builder, PROFECO ?
How much did it cost your friend to present their case to PROFECO?
Since PROFECO did not get not aid them in getting reimbursed, do they have any idea of what the legal fees can be?
The builders may know what they can get away and PROFECO could be a joke to them since the agency cannot do anything to harm their business.
Would it be possible to have a notario/lawyer go after them without involving PROFECO ?

morgaine7

Nov 3, 2010, 6:06 PM

Post #4 of 6 (1571 views)

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Re: [salto_jorge] Has anyone used PROFECO in relation to home problems

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Two years or more with the builder, and several months with PROFECO. The builder skipped town, and it took a while to find out where he'd gone so that PROFECO could contact him.

It doesn't cost anything to file a complaint with PROFECO. They even provide a translator free of charge.

Legal fees depend on the case and what kind of suit she files (civil and/or criminal). She has met with an attorney, but they're waiting for the PROFECO report to see what all is going to be involved.

I'm not sure it's true that PROFECO can't do anything to hurt the builder's business.

Yes, she could have filed suit without getting involved with PROFECO, but her attorney would have had to do all the preliminary work that PROFECO has done free. There was a chance the builder would have complied without her having to file suit. So she feels the process was worthwhile.

Your situation sounds different because of the RE transaction being tied in with the builder/developer, and a notario being involved. My friend already owned her lot and contracted directly with the builder to construct her house.

Kate

salto_jorge

Nov 3, 2010, 8:27 PM

Post #5 of 6 (1557 views)

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Re: [morgaine7] Has anyone used PROFECO in relation to home problems

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In my situation I purchased a townhouse that the builder had completed about 90 percent of, it is 1 of 4 units.

The builder has yet to sell any of the other units and since we have been there has had two different agents trying to sell them.

Since we have a problem with our townhome, we make it a point not to talk to anyone who asks about the other ones. We also make it a point not to let them look inside ours since we have had to replaced all the light fixtures, they fell apart plus modified the European glass shower enclosures so that water did not spray all over the place.

Unfortunately we have a nightmare that I do not want to become a money pit. We paid about 10K less than they are asking for the other units as it was the first one to be sold, but the price reduction was not that much of a deal since we have spent over 8K on the lawyer and working on the place not counting the issues that remain.

Maybe someone who purchased a home from a developer that used PROFECO can provide some insight.

Avoiding the money pit in Zapopan.

Rolly / Moderator

Nov 3, 2010, 8:49 PM

Post #6 of 6 (1549 views)

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Re: [salto_jorge] Has anyone used PROFECO in relation to home problems

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"Since we have a problem with our townhome, we make it a point not to talk to anyone who asks about the other ones. We also make it a point not to let them look inside ours..."

That is very wise. Liable and slander laws in México are very different from those in the USA.
If you speak ill of the contractor to one of his potential customers, you could be in a heap of trouble.
Save your comments for your lawyer and PROFECO.

Rolly Pirate

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