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      IMPORTANT - READ BEFORE POSTING to SUPPORT FORUM   01/28/2011

      Posts to this Support Forum are to be related ONLY to one's ARCR membership. Posts inappropriate to the Support Forum will be removed without comment. Please post all other types of questions to the appropriate Forum. Only Forums Moderators, Administrators and ARCR Employees ae able to make any replies to this ARCR Support Forum. Paul M. Forums Moderator ==

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  1. Yesterday
  2. You are all correct that public liability coverage on your vehicle and on your homeowner's insurance is the single best way to protect your interests. In both cases, the premiums are very reasonable and, should you be likely to be found liable, most injured parties would settle for the limits of the policy in an out-of-court settlement rather than go through the pain and cost of a legal suit which they might not win or live to see resolved. Covering your potential victims also provides a measure of humanity. Should I injure someone, and especially if it really is my fault, I want to be held liable for my misdeed. I want my victim to be cared for. At the same time, I would prefer not to be bankrupted.
  3. Last week
  4. Yes, it is. I'm just saying that some people seem to be implying that having a car in an SA protects the driver from liability. It doesn't. Insurance is relatively cheap. I believe we pay a bit over 10 mil a month for 400 million in third party injury protection and 60 million in third party property damage. That is a lot of coverage here. I don't carry coverage for theft/collision. Where I live theft is not an issue, and since Costa Rica is a strict fault jurisdiction, I will only have to pay to repair my car if the accident is my fault, or the other driver is uninsured. My car isn't worth much, any?, more than the 6 million coverage that the marchamo provides. So even if the other driver has the minimum coverage I should get my money back. I'm willing to self insure for damage to my car that is my fault.
  5. But this is why you have liability insurance on your car? Yes?
  6. However, if you as the driver of the vehicle are found liable, your personal assets, including those held by SAs in which you own shares, can be attached to pay damages. Simply because a vehicle is owned by a Persona Jurídica doesn't absolve the driver of said vehicle of all criminal and civil responsibility. If you're drunk and run over a family you're going to jail. If you're on your phone, cross the center line and cause an accident, you will be liable.
  7. Wouldn't it be less complicated just to get liability insurance? I know people who have a B&B and it is not in a corporation but they do have liability insurance.
  8. David is quite right. One of the reasons people that rent out homes or have a B&B for example, tend to have it in a S.A, is that if someone drowns in their pool, they personally won't be held responsible.
  9. James, I'm not an attorney but I've consulted with some and I've read up on the issue. I don't know how this matter was explained to you or by whom, but I think your understanding is inside-out. Think about it . . . Suppose you trip and fall in a store that's owned by a corporation. You successfully sue the corporation and are awarded damages because the corporation is found to be liable for your injuries. You can collect from that corporation, but you cannot collect from the unrelated corporation that owns the gas station next door. They are separate entities. You didn't fall in the gas station, so how might they be held liable? As far as the law is concerned, the corporation that owns your vehicle is as unrelated to the corporation that owns your real estate as is the corporation that owns the gas station unrelated to the corporation that owns the store where you fell. If you hit a pedestrian with your car, you'll probably be found liable; but your real estate corporation will remain untouched as it has no legal relationship to the vehicle corporation. Think of it another way . . . Suppose I hit a pedestrian with my vehicle. Would you expect that your real estate corporation would be jeopardized? No! And why not? It's because there is no legal relationship between my vehicle corporation and your real estate corporation. The legal relationship between my vehicle corporation and your real estate corporation is as nonexistent as the legal relationship between the corporation that owns the store and the corporation that owns the gas station. (The foregoing are all layman's terms.)
  10. Hi David, It sounds like you know what you are talking about but that's not the way it was explained to me. Are you an attorney? Do you have a link that explains your info in layman's terms by any chance?
  11. Ok.....!!!!! FINALLY. After almost 2 months of searching we found a home to rent for the entire duration in Potrero. Plane tickets: done home: done... whats next
  12. There are many different kinds of Bonos de Vivienda available through many agencies and for many different types of needy populations. It is very unlikely that there is any significant amount of information on these in English. Why would there be? Many of these Bonos are administered through third parties and every town has agencies advertising these services. Maybe a place to start, but be wary. Or just go straight to the Municipalidad and ask a lot of questions. That's more legwork, but maybe a better approach. Or go to your local CenCenai or Pani and ask what they know...
  13. Phil, you are looking for the value of a piece of land in Zarcero in 1993? Twenty four years later? In my mind, whatever you paid is what it was. Why would you even undertake a quest to find out how much that land was "really" worth? My advice would be -- if you are determined to pursue this -- to contact a local real estate agent or a real estate agent that handles property in Zarcero. They might -- MIGHT -- be able to help you. But property values can vary widely based on specific location so "farm land 1/2 a mile from the highway" is probably not good enough. The other option would be to go to neighbors of that property and see if you can find out anything from them. Someone might have bought/sold similar property in that neighborhood in that time frame.
  14. It has been rumored to me that Is there a program for a single Tica mother with children to help her build a house. It was said the government will help with a basic house and easy financing. If it is available where can I find the information in English? Phil
  15. Thanks for your reply! Yes the city office will have the price I paid, I have my contract of sale and documents from the government. But I am now pretty sure I paid more then it was worth. What I am looking for is an approximate real price for the land back in 1993. Phil
  16. James, above you wrote, "Also it prevents someone from taking your land from you in case someone is hurt badly on your property and they sue you and it's determined that it's your fault. If it's in an S.A. they can't come after you." I think you have that exactly backward. If your property is in a corporation and the corporation is successfully sued, the liability for damages is limited to the value of the assets held by that corporation. So if, for example, someone falls on your property and is seriously injured, they can sue the corporation and win its assets, the property, but they cannot sue you personally and take (say) your bank account if it's held in your own name. If that bank account is in the corporation's name, then it is an asset of the corporation and thus liable to seizure. That is why the traditional advice is to have separate corporations to own each parcel of real estate and each vehicle you may own. If in an accident your vehicle corporation is found to be at fault, the victim can seize the assets of that vehicle's corporation (the vehicle or whatever may be left of it), but they cannot seize your real estate because that's in a different corporation. Likewise, if someone is injured on your property owned by "Corporation A", they could not seize the real estate owned by "Corporation B".
  17. Okay I'm not an attorney and I don't play one on TV nor the internet. However, I am sharing with you what I've been told by 2 attorneys re corporations vs having property in your name. This is what I've been told: "If you have your car or property in your own name, even if you have a will that is legal in Costa Rica, when you die that property will go into probate, it will take a long time to resolve who gets it after you die, and "the government vultures" (my attorneys' term) will charge you 10% or more OF THE VALUE OF YOUR ENTIRE PROPERTY for their "services"." I was told therefore that having the property - such as a car or house or land - in a corporate name, (S.A. or SRL) will allow you to make someone such as your wife, son, daughter, whoever, the new owner of the property if you die, thus avoiding probate completely. Also it prevents someone from taking your land from you in case someone is hurt badly on your property and they sue you and it's determined that it's your fault. If it's in an S.A. they can't come after you. Again this is what I was told, that's all I know about it. I'm not an attorney!
  18. Why not talk to the Municipalidad of Zarcero? They should have all the records from that time.
  19. I bought 2 acres in Zarcero back in 1993, I am looking for a general price for land back in that time frame. The land was farm land back about 1/2 mile from the main highway, on a really crumby road it had and still no water or electric. All input welcomed! Phil
  20. Earlier
  21. Thanks everyone for your responses. I was able to obtain a box at Correos in Cobano. It appears that low season may be the time to obtain a box. I walked into Correos in Cobano and there must have been 20 Libre signs on the boxes.
  22. Some more info re dissolving a corporation. A friend of mine said he found an attorney to do it for $120. Go figure. My attorney quoted me $1,000. Guess who won't be my attorney any more?
  23. Thanks for that CRF. A shame that insurance here is not very good on a totaled car. If your experience and comments I've heard apply to most cases.
  24. Our former workers vehicle was considered 'totaled' and it took over three years to settle.
  25. I have no experience with totally destroyed or disabled vehicles to share, James. Sorry.
  26. It is also very slow if only using the basic mandatory coverage.
  27. David, that's good info! Thanks! I didn't know any of that! Is the slow payout only on STOLEN vehicles or also on totaled or badly damaged vehicles?
  28. Unfortunately we do live at least 10km from the nearest bus! That's why this slow insurance payout thing I've heard about, is a concern to me.
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