In 2004, I purchased a piece of land from Ed Mercer in Ventana Del Pacifico. This is supposed to be one of the biggest developers in the south of the country. I come to sell it and find out I can't because they never titled my land. How is this possible?

After some belated research, I've found that I'm not alone out there. Among other places, I went to http://www.ventanasdelpacifico.biz and found a whole other group of people in the same boat as me.

Anyone have any ideas what remedies are available to me?

Thanks

I can´t say it enough, you need a good lawyer when purchasing real estate. It´s always best to get a corporation set up and own the corporation owning the property.
Call my lawyer friend Juan Mora if you like at 640-1919
He specializes in these issues and will be able to find out what can be done.

Mike

Don't know where you're located, but I used Luis Gutierrez of FS&V Law lgutierrez@fsvlaw.com. They have offices in San Jose and Liberia

DO NOT GIVE YOUR MONEY TO DEVELOPERS, AND ALWAYS USE A GOOD LAWYER. Most gringos put real estate in a corp. I don't I use myself or my wife on all property. I'm just old fashioned and "may not be correct".

Repeat this to yourself 3 times over!!!!!

If you did not hire an attorney to oversee the transfer of title, then you have no one to blame but yourself. Getting the title changed is your responsibility.

What I hear, thankfully not being in the business, is that you need to hire TWO good lawyers--the second to check the first.

It is very easy to say bad things about Ventana Del Pacifico and remain annonymous. We have found that when we investigate who sponsors these posting, it is usually other builders or developers in the Ojochal area who have had difficulty competing with Ventanas. Title issues are many in Costa Rica, especially in the Southern Pacific region. If you read the Tico Times or La Nacion, you know that this region is very short staffed in the municipal offices responsible for issueing titles and reviewing development projects. Jsut because one person is not happy with Ventanas doesn't mean it is a not a very good choice for others. I personally own two lots in Ventanas and have only good things to say about their staff, their developments and their construction quality.

good morning PacLots -

how about doing one of your investigations and let us know if this guy Jesus is one of those disadvantaged developers of just a guy who got screwed - thanks for your volunteered investigation on a very important issue

Bob,

If Jesus would send me his contact info I would be happy to try to help him with his issues. I will gladly volunteer to help him but candidly I resent you volunteering me. I would like to know what phase he bought in 2004 that still does not have a title, as I am unaware of such an issue. I did not suggest that HE was a developer but am aware through due diligence, that many who sound off against Ventanas are in fact other developers or builders. (what are you, bob?) The market drives prices in these regions and you get what you pay for in this world. Though we may think it is "Blue Sky Pricing", the reality is that sales in the area continue to increase right along with prices. Although I have seen a lot of speculation in some coastal towns like Jaco, most of our customers intend to live here sooner or later. Most Expats also do not want to have to build by themselves and are willing to pay a premium to work with a company like Ventanas.

You can't make everyone happy in this world and when you have as many customers as Ventanas has, and when you also offer developer financing, you will always have some unhappy campers. Some bite off more than they can chew and then can't make their payments while others may have left their brain behind before heading to Costa Rica to look for property. Most however, came and bought their slice of paradise in a full service development where they need not speak the language, know a builder, architect or engineer and can end up with a great house in a a great location.

Title issuance takes longer in the southern region than in other parts of the country, which most of us are well aware of if they read publications like AMCostarica, Tico Times or La Nacion. The rapid onslought of growth in the south has far exceeded the ability of the municpal office staff to keep up. Titles in these developments do get issued and the reality is that risk and return are related in this world and the relationship says that the higher the risk, the higher the return.

I would especially welcome the owner of this new website to contact me so that we may discuss and present our veiwpoint in his or her forum.

Steve Linder

Personally, I have no horse in this race, but I do seem to recall seeing posts on other forums from our friend, "Pacific Lots."

But, I'll say this much. This time, at least there is a name appended to this latest "Pacific Lots" post. I guess that might mean something. But, tell us, Steve, why did you choose to not provide any information about yourself on your profile? And, then, please be so kind as to inform us what you have found about the original post after your investigation? ([sic]"We have found that when we investigate who sponsors these posting, it is usually other builders or developers in the Ojochal area who have had difficulty competing with Ventanas)."
And, then, since you already told us in that statement that you "investigate" the "sponsors" of "these posting," why would you "candidly resent" being volunteered by the 'Ol Gringo? And, speaking of the pot calling the kettle decidedly dark in tone, why doesn't your post make it very clear just what you are selling, and where?

Inquiring minds, and all that, you know, old stick......????

We are all welcome to form our own opinion.

But I have to say that I am willing to give Steve the benifit of the doubt at least until Jesus returns and addresses Pacific Lots effort to mitigate this situation.

Jesus has no track record on this BB. It does not appear that Jesus has been back on the board since making his one and only post. Who is to say that this is even Pacific Lots fault? Certainly it is not Pacific Lots fault that Jesus did not hire an attorney to make sure the title transfer was complete.

I just think that we should take a slam job from a one time poster with a grain of salt. Especially when Steve is making the effort to open a line of communication in an open forum ....... The ball is in Jesus's court as far as I am concerned.

Others may come to another conclusion ......

Peace.

thanks for the explanation Steve - now, it is pretty much up to Jesus to follow through or not

What a thread. I have no idea who these people are, but one has to call a spade a spade. Let's be clear. Titles for the entire country are transfered through the central property registry in San Jose, whether you are buying in in Guanacaste, Limon, Jaco, or the Southern Pacific. To say title issuance takes longer in one part of the country vs. another is completely untrue.

I sell real estate all over Costa Rica, Jaco more than most places, but yes on the southern coast as well. The longest I have ever had a clean property title take to transfer is 45 days, and that was only because the transfer was initiated over Christmas when the Registro shuts down for a couple weeks, and the property required the creation of a new title as it was a piece being separated from the mother farm.

That said, the list of reasons why a title might not be issued quickly is long. Sometimes the reasons are innocent, such as one of the named owners is dead, or perhaps a creditor must sign off on the transfer and remove his lien on the piece being segregated. Other times, the reasons are not so innocent, such as when people sell property the don't own, or are selling land with restrictions on the title.

In my opinion, the most common reason for title issuance delays surround property which has no title. Keep in mind this is not illegal and very common in Costa Rica. If all the contracts are in order and there are no disputes, and the neighbors all agree to where the property boundaries are at, the government will usually issue title on the land in one to five years. After title is issued, the title will have restrictions for a period of four year to provide those who might wish to contest the title a chance to do so. This, of course, makes the subdivision and selling of newly titled land difficult. In most cases, property sold without title sells for half the price of property with proper and clear title, due to the delays and risk involved.

I have never heard a developer selling land without title, but Steve mentions "Risk and Return" so perhaps he is making the half price property available to foreign investors tolerant of a bit more risk. Personally, less than 5% of my foreign customers are willing to touch it.

J. Morales

I for one am not, and never will be a developer in Costa Rica. My opinion is and has allways been GET A GOOD ATTORNEY; and purchase from developers at your risk. Many are under funded and a few are out an out thieves.

Hi Steve and others,

Steve is a Sales Rep for Ventanas Del Pacific, hence the handle Pacificlots. If you look at Jesus' post there is a link to a website containing both complaints and defense of the project, so people should investigate thouroughly.

As stated here, obtain your own lawyer in ANY Real Estate transaction.

excellent post Johnny M and thanx for the reminder Ryan -

our experience is as Johnny says with the exception of the freenzy cycle last March when we had a couple transactions take 45-60 days

FYI - the Registro website has been down for over a week, so that will have a definite impact on the front end due dilligence for some period of time

What I hear, thankfully not being in the business, is that you need to hire TWO good lawyers--the second to check the first.

That might be good if you don´t know the lawyer, but once you form a relationship with an attorney you can trust, there is no need for that.

Research investment opportunities before you buy. Developers everywhere advertise incredible investment opportunities. Costa Rica is not that much different from other attractive hot real estate markets. However, when you factor in the cultural misunderstandings and lack of consumer protection regulations folks can be taken advantage of.

I have lived and worked in the land development and construction business here since 1992, and I understand land and finished construction values very well. With all the new players entering the market, come new tricks that misrepresent properties and deceive would be investors.

Those of us who have lived and worked here for many years do not enjoy reading about consumers who write about the deceiving developers that sold them land in would-be projects that never happen. We see what is happening to the new kids on the block but we cannot help them because they leave their brains in baggage claim and do not seek advice from experienced sources.

Knowledge acquired from real estate investing in other countries does not necessarily work down here in the jungle.

I have been an investor, builder and developer here for 15 years. To this day, I approach every deal as if it were my last hundred bucks. Property values and opportunities are available here but finding a successful investment property is not as easy as many of the fancy websites lead novices to believe.

Fortunately, ACRC is able to help many potential residents and investors sort the market out before they get into a deal that ruins their dreams of living in paradise.

gracias for an excellent post Tom - pura vida

If you still think the real estate market here is hot, you are in the jungle.

Many people can end up with a beautiful project in this fantastic country, however, there have been an ever growing number of complaints that include and are not limited to the following;

• Drawings, plans and blue prints that are not up to international standards.

• Highly inflated marked up prices for soil tests, permits, added to your bill.

• Originally quoted per square foot building costs suddenly sky rocketing.

• Prices for retaining walls, swimming pools or foundations out of all proportions suddenly added to the over all cost.

• Delay after delay in starting or finishing the project.

Again the case in point where annonymous posters bash Ventanas. I suspect that all of these posters might be the same person!

Construction Audits, Johnny M, J Morales and Jesus, (all the ones with bad things to say about Ventanas) NONE OF THESE POSTERS WILL IDENTIFY THEMSELVES IN A PUBLIC FORUM. I ASKED FOR JESUS TO ALLOW ME TO ASSIST HIM WITH HIS COMPLAINT BUT HE SUDDENLY "DISSAPPEARED". They all reference a smear website that is also set up for annonymous posting. It is interesting in this world that the successful are smeared, bashed and envied.

I also get bashed by Bob at La Tigre. Bob is also a realtor and nowhere near the southern region but seems to know all about what goes on there. Bob, have you ever been to Ventanas? Yes Bob, you do have your titles transfered in 45-60 days when you are selling existing property on the secondary market. Have you ever tried titling a new development?

Steve Linder here, still a guy with 15 years experience with Costa Rica and having toured many of the major developments around the country, I still think Ventanas is one of the best values in the country. I do sell for Ventanas and I do not sell through multi level marketing or "get rich quick" seminars. My wife and I sell the old fashioned way, through personal relationships acquired through trade shows and conferences like AARP, International Living and a score of home shows. We do not sell "investments" we sell lifestyles. We believe that building through Ventanas is easier than trying to do so on your own, especially if you do not speak Spanish. We are also owners in Ventanas and own back in the hills of Tres Rios, in phase 2, a phase that has been around for over 12 years. Feel free to contact me if you want to ask questions about Ventanas....

Here are the facts:

• No tmie limit to build your home
• Not required to use the developer as your builder
• the freedom to build your own home if you want
• the only construciton limiits are a minimum of 1000 square feet in the main house and that you have to have your land cleared of weeds once per yerar
• There are no Home Owners Association fees except in one or two phases, this is a biggie since many developments have high monthly fees
• Lots are fully improved with road, water and electric
  • construction prices are inexpensive, at around $85 per foot for high end construction
  • You have to pay extra for pools, driveways & site work, etc whereever you build, this is normal and expected
  • Ventanas is not the only developer in the area, try Costa Azul or Lomas Coronado or any of the many others nearby
    • Any title issues we have had were due to things like an incorrect scale on our drawings submitted to MINAE or other "clerical" issues, though it does take time to get title issued to a "new development"

Steve@PacificLots.com
www.PacificLots.com

Steve,

Bob C has been a trusted member of this board for as long as I have been around.

I don't always agree with him on everything, but I would never questions his integrity. I have never, not once, felt like he has posted anything on this board out of self-interest. From what I can tell, he has no dog in this hunt and he should not be discredited because of his profession. Of all the realtors that have visited this board (there have been many), he is on a short list of 2 that I know of that have been legitimate contributors and have not used this board as a platform for marketing their services.

You may disagree with him and you may be able to educate him with some new information, but you aren't going to accomplish much on this board by challenging the integrity of his intentions.

Just my 2 cents for what it is worth.

I second what Kahuna has to say. In the first place, I have not seen anything from Bob that looks like "bashing" your Ventanas thing. All I have seen from him is his point of view, to which, the last time I checked, we are all still entitled. Personally, I can only speak for myself, and the last place I would want to choose my way of life is from some kind of trade show. And, forgive me, just my humble opinion here, but that is not an "old-fashioned" way of selling.

good luck with your future projects Steve , and we will continue to tell everyone we meet to never buy a property that they may, or may not, ever get clear title to because the developer just has so many problems to overcome - wow Steve, did it ever occur to your guys to get those problems solved BEFORE you start taking people's money ?

Thank you Construction Audits for sharing a personal experience that I am sure was not satisfactory - perhaps Steve will be able to assist you since he can't locate some of the other posters ?

My apologies, I just get so worked up seeing a bunch of bad press about the company I represent. When you have as many custmoers as we do, there is bound to be some who are unhappy. Unfortunately the happy ones are not cruising the boards and forums looking to tell the world how happy they are. I must also apologize to Bob at La Tigre, since the post I referred to as having come from him was not written by him at all.

My wife and I have our livelihood invested in the success of Ventanas and I find it hard not to react to all this nonsense that is written. I speak to our customers all the time and can assure you that this is not the consensus from our customers. I am so proud of the quality of our developments, our construction can't be beat and our design work is stunning. If you visit http://www.pacificlots.com/Properties.html and look at our houses and interiors, I think you will agree. These are all custom built, with no HOA fees and in a beautiful part of the country. I also think it is one of the best values in Costa Rica. Sorry I get so worked up in our defense but I truly believe there are just a handful of people who spread all these rumors about Ventanas.

Steve - I think we all understand that you were simply defending the honor of your livelihood and there is nothing to apologize for in doing that señor

the fact remains however that if your porperties do not have clear and clean titles with processed catastro's & escritura's, then that shoud be in bold letters on your banners

I am selling my own finca and a copy of the catastro & escritura are shown on my website for that sale - http://finca-ponderosa.com/legal/legal.html - I invite you to use that same approach in describing your products for sale

to be absolutely clear "where I am coming from" , check our "caveat emptor" website - http://Costa-Rica-TEAM.com

I do not know you as we have never met and I hold no ill will towards you or your employers, all we do here in Costa Rica is try to help folks come out ahead and you know that is difficult as you have eluded to some of the "shortcut" pitfalls in describing your own services - again, Steve, best of luck and let's keep our cards on the table

I have to say I couldn't agree with Bob more. I have personally met GB and can say he is a stand up guy. He has no hidden agenda and looks out for everyone's best interests. As developers, the responsibility lies with them to get the job done of making sure that all is legal, recorded, etc. So many people that come to CR think that the purchasing process is similar to their home town, not realizing that things are not 'perfect' in the land of Pura Vida. Remember to ask questions, ask a lot of them, to the developers, your Realtor and your attorney. An honest developer will not have any issues in quickly answering any and all questions of a potential buyer.

Becky

good afternoon Becky - if I may add a little to your post, I want Steve to know there is not a thing wrong with selling % shares of a developer project and if that is what you are about, just say that plain and clear - if we are selling shares we don't call them "Affordable Ocean and Mountain View Homesites - From 55k " because as you are well aware, those lots can NOT be built on unless and until the catastro and escritura are in order and transferred title to the owner/builder, NOT ventana lots builder, unless the ownership of the property with improvements continues in name of developer - correct ?

Am I missing something here?

Take a look at the very last signiture address line.......

I reported it days ago .......

Now that you mention it, has anybody heard from TG lately?

I had a business crisis and have not logged in for some time. Catching up today! (I hope!)

TG

Welcome back to your place! Hope that crisis is done and gone.

It has thankfully... but two months of 15 hour days took a toll

TG