Search Baja California

Monday, May 17, 2010

NEWS & POLITICS - Remedial efforts to redress past real estate abuses in San Felipe


There has been measured and measurable progress during the last few months by the Mexicali, Baja California and Mexican federal governments to work together to undertake remedial efforts to redress past real estate abuses and also to reform and strengthen the real estate regulatory structure. Specifically, the following recent progress can be seen:

  • every Thursday there is an ever-expanding closed session of Mexicali, Baja California and Mexican federal regulators in Mexicali that are making a concerted effort to ascertain just how to work together to address and prevent this kind of rampant abuse
  • PROFECO [federal consumer affairs] is working closely with the PGR [federal prosecutors] and the PGJE [Baja California state prosecutors] to strengthen the ability to pressure the non-performing developers with fines, jail time for fraud, cancellation of permits, expropriation of assets and/or receivership of the failed and/or non-compliant “developments”
  • in preparation for further action, government regulators have begun unannounced visits to local San Felipe developers [they have already visited Vista Bella and the Marina Resort] to demand to review their RFC [tax] filings, appropriate Corporate Charters [to ascertain ownership and responsibility], their customer list and the standard “sales contracts” that the failed developers have used in the past. These visits will continue indefinitely as needed
  • “Promises of Sale” [the universal San Felipe contract previously used to “sell” to the public] has been declared invalid as not being in compliance with Federal law
  • Several developers [that are not under investigation ] are now proactively working with the government to modify their sales contracts to comply with applicable laws
  • PROFECO staff will be available on the following dates at the Baja California Secretary of Tourism office in San Felipe to take formal complaints from claimants:
    • Saturday the 22nd of May (10am to 1pm)
    • Saturday the 12th of June (10am to 1pm)
    • Saturday the 26th of June (10am to 1pm)
    • Saturday the 17th of July (10am to 1pm)

Please note that the following documentation is required to make a formal complaint:

  • a brief description of the problem
  • copies of original “purchase” agreement (and any subsequent modifications or addenda)
  • copies of any checks (both sides so it can seen where it was cashed/deposited)
  • copies of any bank wire instructions and/or receipts
  • copy of passport
  • copy of Driver’s License or other photo ID
  • copy of FM2 or FM3 (if available)
  • copies of any email communications and/or letters regarding the “purchase” (optional)

Any individual or legal entity that believe they are victims of real estate fraud and cannot file their complaint in person can:


OR

  • fax the documents to 408.868.4999

OR

  • mail the documents to:

SAN FELIPE DEVELOPMENTS

PMB 82

PO Box 9019

Calexico, CA 92232-9019