LEGAL
TIPS |
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An
increasing problem we see weekly, even daily Lakeside is contractual disagreements.
This includes property sales/purchases, leases, labor, and contractor agreements.
These contracts come in English, and/or Spanish, and sometimes are written
in such a way as to be illegal according to Federal or State law. The phrase
to always apply to these matters is Due Diligence. It is always better to
spend a little now to protect yourself from something big in the future. When
contracts in Mexico are signed, the excuse of “well I didn’t know it said
that” will not assist you if you try to take the other party to court, or
if the other party is taking you to court. Also note; if you sign a contract
that has broken Federal or State laws, you are in turn agreeing to break
these same laws. Whenever
you hire a contractor to make renovations or repairs on a home, or even
build you a new home, make sure you get what is agreed upon in writing.
If you get these details in writing you will be protecting yourself down
the road if things go wrong. You may be asked up front for a percentage
of the job, sometimes as high a 50%, but never agree to pay fully until
the job is complete. To
make some matters worse, we occasionally see contracts that are not signed
by all parties, and sometimes they only have copies. Please make sure your
copy is an original, and is signed. Often enough, it is much easier to sign
on original and then make a copy of that original. Unless a Notario notarizes
the photocopy, it will not stand up in court later if necessary. If the
contract is copied before the signatures go on, this is okay as well as
long as the signatures are original. In
addition to some of the contract problems, some of us do not know our rights
in Mexico. When you are purchasing property, the real estate agent involved
will always have a Notario that they usually deal and recommend to you.
Some of our clients have even been told that they have to use the real estates
Notario. This is false, you have the right to choose the Notario of your
choice. To
some of you this maybe all common sense, but not knowing the way certain
things are done in a foreign country can be intimidating. Make it a point
find out. When you are unsure of something, or if something just doesn’t
feel right, it is your responsibility to find out. There are many different
sources Lakeside that will help you, such as your attorney, or The Lake
Chapala Society has a great wealth of information. Remember, on the street
if you ask 12 different people, you will probably get at least 10 different
answers. Adriana Perez Flores |