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Paulina
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BEACHFRONT Casita in Bahia de Los Angeles for Sale
CASITA FOR SALE
Located on the south end of Bahia de los Angeles, just to the north of Camp Gecko, this one-bedroom, one bath home w/ garage and plenty of storage has
all the charm of Old Mexico.
The upper deck has a view that you can see the islands and at night gaze at the stars.
This house is turn-key.
Includes all furnishings (with exception of some personal items) and also includes the following:
2005 Polaris quad
(2) Necky sea kayaks
Vintage 14 ft. glasspar boat and motor
(1) propane refrigerator
Solar powered
ALL THIS FOR $ 55,000
The lease on the land: At the end of 2008 there will be 10 years left on the renewable and transferable lease. Currently the lease is $ 1,260 per
year. The house will be available in early September and any interested parties can email: casadebrisa@hotmail.com
(sorry the photos were so small. That's how I got them.)
[Edited on 18-9-2008 by Paulina]
[Edited on 18-9-2008 by Paulina]
\"Well behaved women rarely make history.\" Laurel Thatcher Ulrich
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David K
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Hi Paulina, I also got the email... how far is this from your place or Mary Ann's?
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Paulina
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An easy walk from either of our places. It's the house just to the north of Beach Bob's place.
\"Well behaved women rarely make history.\" Laurel Thatcher Ulrich
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capt. mike
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some one in the know please clarify this for me - i see diff opinions on this here all the time. and this is NOT meant to dis the offering, i'd love
to consider it for myself.
the leases deal - are they, can they be transfered, or renewed really after 10 years? and how is that guaranteed? what PREVENTS the land owner from
just saying "you're out, take off your building or it becomes mine"??
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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Santiago
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Paulina - sorry to hijack the thread a bit but Mike's ? is something I have wondered about.
Mike: I am not in the know but I have asked this question to many people and read everything I can find online (in English). Here is what I think I
know:
The lease is really just a rental agreement. It does not "go with the land" as you're no doubt used to. A new land owner does not buy the land
subject to the existing lease. I've been told that this can happen but both parties must register the lease and this is rarely done in Mexico. I
cannot speak to commercial property leases or citizen-to-citizen.
I am still confused as to the rental period and the rights we would have as renters. Most leases that I'm aware of are 1 day less than 10 years as
anything over 10 years is not legal. Most of these have annual payments. If you make the annual payment, do you then have the right to occupy for 1
year? In other words, if you make your annual payment, does the owner have the right to order you to vacate that next day or must they wait for 1
year? I don't know. This would be similar to a month-to-month in the states where either party must give the other party notice for however long the
rental period is - 30 days in most cases.
I understand that in Gonzaga the leases are annual and new leases are 'executed' each year. I have heard people with "10 year" leases make fun of the
Gonzaga folks with "1 year" leases but if I understand it correctly - the 10-year people are no better off.
It has been reported on this board that at San Francisquito the 2 homes at the south end of their property have been given 6 months to vacate. If
this is true - then I would really, really, really like to know what their agreement was and who improved the property.
I do know of one case in BOLA whose 10 year lease was up a while ago and they had a hard negotiation to get another 10 year lease without the yearly
payment going beyond what they could afford.
All of this is subject to one's legal status and how much justice one can afford - no different than in the states in that regard.
Does anyone know of someone who was told to vacate in the middle of a paid-up lease? I have never heard of it. (We're not talking ownership issues
here). Does anyone know of a case where the land owner sold the property in the middle of a paid-up lease and the leasees were ordered to vacate by
the new owners? I have never heard of it. Does anyone know of a case where at the end of a lease, the leasees were ordered to vacate and were not
compensated for their improvements? (Not that the owner is required to do so) I have never heard of it. Does anyone know of a case where in the
middle of a multiple year paid-up lease, the owner raised the payments greater that what the lease called for? I have never heard of it.
There seems to be a giant black hole whenever I ask these questions - no one seems willing to post on an open forum. I'm convinced that at least 4 or
5 regular posters are retired attorneys and/or have extensive experience and know the answers. There used to be a Mexican albogado that would post
from time-to-time on the old Amigos board. The old axiom that free legal advice being worth exactly what you paid for it comes to mind....
[Edited on 6-14-2008 by Santiago]
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DENNIS
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| Quote: | Originally posted by capt. mike
the leases deal - are they, can they be transfered, or renewed really after 10 years? and how is that guaranteed? what PREVENTS the land owner from
just saying "you're out, take off your building or it becomes mine"?? |
No guarantees, Mike. A real "Lease" is only good for ten years minus one day. Although renewels may be promised, it's not enforcible in court. It
means nothing. Most leases are "Rental Agreements" and toothless in court as well. They can be altered at the owners discretion at any time. In
addition, for one to enter into a contract in Mexico, he/she must be a legal resident.
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Paulina
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One should never invest more than they can afford to walk away from.
That's our rule.
P<*)))>{
\"Well behaved women rarely make history.\" Laurel Thatcher Ulrich
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DENNIS
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| Quote: | Originally posted by Paulina
One should never invest more than they can afford to walk away from.
That's our rule.
P<*)))>{ |
That's BAJA RULE #1
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Santiago
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| Quote: | Originally posted by DENNIS
Most leases are "Rental Agreements" and toothless in court as well. They can be altered at the owners discretion at any time. In addition, for
one to enter into a contract in Mexico, he/she must be a legal resident. |
Dennis: What do you mean by toothless? I just don't believe that there is no place in mexican law for the enforcement of contracts. If 2 legal
residents agree to an exhange of goods or services for payment and one party defaults - there is no redress?
Maybe you mean by toothless is that the odds of a FM3 holder winning in court due to expences, time & effort is low - that I understand. But
someone with time and resources ought to eventually prevail. No?
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ELINVESTIG8R
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And do not go to La Baja if you are a chimuela.
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DENNIS
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| Quote: | Originally posted by Santiago
No? |
No. What I mean is Rental Agreements and Leases that are signed in bars arn't contracts here as they are in the US. We bring a preconditioned
mindset to the table when entering these negotiations and assume them to be enforcible contracts as they are in the states. They arn't. They're no
better or worse than a handshake. Try taking one of those to court.
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capt. mike
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yeah, that's my rule - only what i can p*ss away if i have to.
thx all who spoke on this subject.
i'll wait and get a real property when i can retire with a fideo comiso bank trusted lot. these rentals and so called lot leases are just trouble
waiting to happen. because i am POOR!!!!!!!! all my extra bongo bucks go to avgas !!
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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Santiago
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http://www.cancunassist.com/renting.cfm
The above link takes you to the following:
Rental quirks:
There are a few things that might seem strange that it is best you know. For example, almost every landord will ask for a contract and they will have
a notary public (which in Mexico is also a lawyer). The notary will draft up the paperwork. The cost will be anywhere from MXP 900 to MXP 1,200 which
you will pay. The landlord will also ask for a deposit which is typically 1 or 1.5 times a months rent.
One of the major problems is that the notary will not notarize the contract if you don’t have an FM3 work/retirement permit (federal law). This limits
your search to only those landlords that will accept a non-notarized contract. So 80% of all apartments you find cannot be rented by you. (Sep 2001)
However, recently this seems to have changed. I have seen many Notaries that will accept your tourist visa and process the lease. I have changed my
opinion on the importance of getting the FM3 as soon as possible.
It is extremely difficult in Mexico for a landlord to expel you from an apartment. If he/she does not have a valid contract with you then the
authorities will not help the landlord. Now you know what is going through their heads!
Unlike most countries, you don’t have to put a deposit on the electricity or phone when getting connected. Thus the landlord gets stuck with the bill
if you suddenly leave. That’s the reason for the deposit and the notary public contact spells out legally that you are responsible. It makes it easier
for the landlord to withhold the deposit if there is a problem.
The contract also makes things easier to figure out if there is a dispute. It spells out exactly who is responsible for what.
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DENNIS
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| Quote: | Originally posted by Santiago
a notary public (which in Mexico is also a lawyer |
And will have been a judge as well. It's a very powerful position. There are only a few in Ensenada, a large city.
Your research verifies what I've been saying. It has to go through a Notario to be a legal contract. As far as the Lease is concerned, these days,
especially in the prime zone between TJ and Ensenada, a landlord doesn't want to relinquish control of his property for ten years. In five years
time he may be offered a fortune for his dirt and his hands would be tied for the duration of the contract. But, he will offer you anything else to
make you feel happy and secure.
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Gadget
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The Diaz family has been one of the most honest and trusted to deal with in any of Baja. If I was to do anything on a lease (handshake) agreement
they would be one of the only I would consider.
Not to say that can't or won't change in the future though.
"Mankind will not be judged by their faults, but by the direction of their lives." Leo Giovinetti
See you in Baja
http://www.LocosMocos.com
Gadget |
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DENNIS
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| Quote: | Originally posted by Gadget
The Diaz family has been one of the most honest and trusted to deal with in any of Baja. If I was to do anything on a lease (handshake) agreement
they would be one of the only I would consider.
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Yeah...That's it. The Pabloff family in La Jolla here is held in the same high esteem. You just have to trust your instincts. That's all you have.
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capt. mike
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Dennis makes the most sense here. The whole area is subject to speculative development and anyone's land might become instantly mega valuable. What
then me hearties?? you get the rubber key to the pool baths at the HOA. 
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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Pescador
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If you have a lease, signed by a notario, it is registered with the government and has the same power as a lien. So that becomes a registered lease,
and everyone is correct that it is good for 10 years minus one day. Even if you have a death of the major parties of lessor you are still protected
up and till the day the lease ends even if the new family members are offered a lot of money and want to evict you from your lease. The only way you
have this protection though is if you have an FM2 or FM3. You are fooling yourself if you think you have any legal protection on an FMT.
Any other agreement is just a loose rental agreement and if either player changes, then it is non-enforcable.
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DENNIS
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| Quote: | Originally posted by Pescador
If you have a lease, signed by a notario, it is registered with the government and has the same power as a lien. So that becomes a registered lease,
and everyone is correct that it is good for 10 years minus one day. Even if you have a death of the major parties of lessor you are still protected
up and till the day the lease ends even if the new family members are offered a lot of money and want to evict you from your lease. The only way you
have this protection though is if you have an FM2 or FM3. You are fooling yourself if you think you have any legal protection on an FMT.
Any other agreement is just a loose rental agreement and if either player changes, then it is non-enforcable. |
Exactamundo............. I think the problem with getting this point across has to do with what some people think they know from similar dealings in
the states, as I mentioned above. Some folks just refuse to accept that things could be different if they are called the same thing, such as a
LEASE when written without the Notario.
Another thing that puzzles me is why there isn't an easy source of information, a booklet or a paper put out by an impeccible source, that explains
these little known facts. I know one can do research and all that stuff but, that the question keeps coming up tells me they don't. All of this
should be common knowledge.
Then again, finding one impeccible source of information that isn't contested two blocks away in Mexico would be a lot to ask for. Perhaps we should
welcome contradiction and confusion as our price to pay for being the perfect "guest."
[Edited on 6-15-2008 by DENNIS]
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Santiago
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Dennis: lack of a clear guideline, or any guideline for that matter, is what keeps me coming back to this issue. And let me be clear to those on the
board that know me that I'm happy with my situation - I'm just very curious on how these things work.
Do you or Pescador know if Mexican law allows any party to take it to the notario or just the land owner. I have been told it must be the land owner.
There are really 2 issues here:
1: laws relating to a signed contract.
2: recording the contract in order to encumber the property and require any subsequent owner to abide by it.
It seems to me that there is no earthly reason for a land owner to record the lease as they give up a lot of freedom - in exchange for what??? Is
there anyone who has or knows of a recorded 10 lease?
Related issue 1: are all general business contracts required to be signed by a notario or just land contracts?
Related issue 2: In a land sale where the seller accepts a down payment and say, 5 annual payments of $10,000 each: when does the buyer get to
occupy the property and when does the buyer get the deed? I assume this is fairly common.
Once again: appologies to Paulina for massive hijcking.
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