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LETTERS TO EDITOR


July 6, 2003

Good Morning;

I have been hearing that we will all need this new ID card called "CRUP", have you heard anything about it? Is it true we all will need it?

Thanks for anything you can find out.

Paul

Dear Paul,
The ID is a CURP which stands for “Clave Unica de Registro de Poblacion” (Only/Unique/Single Population Registration Code). If my information is correct, anyone who has an FM-3 or FM-2 document should indeed apply for a CURP.
The fiscal authorities began issuing those ID numbers in the year 2000.
The Ed.


Dear Editor,

I have enjoyed reading your online newspaper (www.pvmirror.com) for quite some time. I particularly enjoy Harriet Murray's real estate column. I have gained a lot of information from her that I wish I had known several years ago. I can see that thousands of people read her column. However, I do have to make some comments about her most recent column. It is entitled "Here are some guidelines for success in real estate acquisitions in Mexico".

Her first point is "Be sure the agent you select to represent you is a member of AMPI, the Mexican National Real Estate Association. Ask for references and check them out. Be satisfied that the person representing you is experienced in Mexican transactions". I am one of a group of ten Americans and one Mexican who bought units in a PV condo development gone bad. We all bought our units from two different AMPI real estate agencies, who were the exclusive listing agencies at the time. We purchased at various times from 1999 to February 2000. We had contractual delivery dates from December 1999 to December 2000. When I and several others were buying our units in January and February 2000 we had no clue or concept that there were already other purchasers seriously late in taking delivery. There was no disclosure of this very important piece of information. In fact, even after repeated requests our AMPI realtor refused to give us the names and contact numbers of the other purchasers. It took well over six months before our realtor would give us that information and by that time we were already in problems.

Why didn't my AMPI realtor want me talking to other purchasers? We most definitely would never have purchased our units if we had any concept of the existing lateness. When I bought my unit in January 2000, my AMPI realtor had already been the exclusive listing agency, and agent, for the project for six months. Obviously this was enough time for the agency and realtor to be totally familiar with all aspects of the project they were selling.

In July 2001 I, and several others, filed formal, written complaints with the state and local AMPI organizations. The state organization to this day has never even acknowledged our complaints. The local organization performed a cursory investigation, said there was nothing they could do and we have never heard another word from them. At the same time we filed complaints with PROFECO, the Office of the Mayor and the American Consulate. The first two never even acknowledged our complaint. The Consulate said they can not intervene in private transactions.

When I, and others, purchased our condos through our AMPI realtor, we were assured that this was a very financially secure development, our contracts contained many safeguards for us and our realtor would be with us "until the end and beyond". As soon as it became apparent that we had a problem, our AMPI realtor said this was not their responsibility, the deal was between the developer and us and we would have to take care of the problem ourselves.

The AMPI realtors took their full sales commissions up front, in full and in cash. They have had 100% of their sales commissions for two or three years. The purchasers have been left to find, hire, pay and supervise lawyers in a foreign country. This matter has been in litigation of one kind or another for two and one half years. Many different law firms, both in Mexico and the USA, are involved. The purchasers have incurred hundreds of thousands of dollars in legal expenses. My AMPI realtor has never offered me financial assistance of any kind. It has been about two years since we have had any kind of reliable information from the developer. It has been about a year since I have had any kind of communication with my realtor. The purchasers have all been forced to enter into lengthy expensive legal proceedings of various kinds. I would ask this question: Have the AMPI realtors also commenced legal proceedings against the developers? If not, why not? They surely had listing agreements with the developers. Were these listing agreements 100% valid and factual?

The Mexican purchaser has been living in his unit for one and one half years. All the American purchasers have been permanently banned from entering the building. As of today not one single American has taken delivery of his condo. One and one half years ago the developers moved into two units purchased by Americans in 1999, without their knowledge or permission. The developers have a great life. They are living in paradise for free. We all paid to construct their homes. There is no Certificate of Occupancy on the building. The developers are paying no property taxes. They have purchased no insurance on the building. They have complete and exclusive use of all the building amenities-such as the pool and parking.

On several occasions the purchasers have had to stand on the street and watch the developer and his friends having a pool party in the pool the purchasers paid for. What rational justice system allows this kind of situation to exist?

Ms. Murray's second point is that the person representing you should represent only you unless you sign some kind of agreement to the contrary. None of us ever received any kind of disclosure from our AMPI realtors as to who they were representing. I assumed they were representing me.

Ms. Murray's fourth point has to do with the language barrier. In every one of these purchases every party involved spoke fluent Spanish, EXCEPT the purchasers. We were totally reliant on our bi-lingual AMPI realtors.

Several of the purchasers lost all of their retirement savings in this project. They now have no retirement home. Several of the purchasers died before they ever saw their condo finished. Their children are now left to try to figure out this mess. I have received violent threatening phone calls in regard to this project. They have been quite graphic in describing what they are going to do to my family and me.

There are at least ten people who would take issue with Ms. Murray's contention that an AMPI realtor somehow brings added value and protection to a purchaser. I do not believe that foreigners buying real estate in PV have any concept of the many dangers that may befall them. We are totally at the mercy of our AMPI realtors and must totally rely on them. I further believe that there should be much more widespread dissemination of information about the possible problems of buying in PV so that foreigners can make a better informed decision and make a deal in which they receive maximum protection.

They should realize that if there is a problem it will be their problem. Do not believe that your realtor is going to stay with you "until the end and beyond". Do not believe that you "are buying a piece of paradise with peace of mind".

The purchasers will be on their own to deal with a legal mess in a foreign country, in a language they most likely do not speak and a culture they most likely do not understand. Nobody will offer help or assistance of any kind. There is no government body that will do anything for you. Once you have paid your money, nobody wants to hear from you again.

Most sincerely,
Ogden W. Confer


Dear Editor,

Why would Mr. Luster come to Puerto Vallarta?

Because no Mexican authority touched him until some American "bounty hunters" tracked him down. Seems to me like Puerto Vallarta is a fairly safe place to lay low.

Dan Freeman


Dear Editor,

I was ready to dash off a note about the new turnstiles on buses when I saw the letter in last week’s issue. The writer is absolutely correct… Not only are these things incredibly dangerous (even more than the drivers), but they're almost impossible to pass through if you're carrying a child and/or packages.

I've also noticed that the access roads are not being used by trucks and buses. This was a good idea and the signs were installed, but apparently the bus companies didn't give the city a chance to surface the streets before the rains started, so all traffic is back on the highway.

Is there a committee or is there just one moron making these decisions? For your own safety, you should refuse to ride on these potential death traps.

M.M.

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