I get many emails from readers asking me where they can go when they believe they have been treated unfairly by the real estate promoter/developer. I tell them about the government agency set up for this, Authority for Consumer Protection and Competition (acodec), but unfortunately little is done except the collection of information from what I have heard. So it comes as a pleasant surprise to see that an unhappy foreign real estate buyer has set up an organization where those who believe they have been mistreated by a promoter/developer can go and air his/her grievances.
Unfortunately complaints alone will do little to motivate the promoter/developer in a very slow market as sales are few or non-existent, and one has to be careful what one publicly says because in Panama, as legal action can be initiated against you and any assets sequestered until a court decision, which can take many years.
I find it amusing that ACOBER, an association of real estate brokers, developers and promoters, state in the article " "and we'll tell you that these are isolated cases and not the common denominator of our society." The real problem comes down to the lack of transparency in real estate in Panama and ACOBER is made up of some of the very people who have been involved in many of the projects that many foreigners complain about. It is very hard for an organization made up both developers and promoters to be forthcoming in helping the clients. Real Estate agents need to be in one association completely separate from developers and they need to be able to be brought before an independent council that can strip them of their license when they abuse their positions at the very least.
Developers need to be held accountable by the municipals that issued their permits and any actions should be implemented by them when their is clear wrong doing. Unfortunately this is Panama and these are just wishes that I highly doubt will be implemented.
According to the article in La Prensa today, legal action is being initiated against promoters and developers by foreign buyers which may be the wiser approach. If a claim is made against a developer for say $1 million, you would only have to put up 1/3rd that amount and the developer would have to put up cash, assets or a bond in order to cover that $1 million. This 3 to 1 leverage is very powerful and can quickly get a developer to resolve the conflict. He does not want to tie up monies or pay for bonds for the many years it would take to get through the courts. Every civil case can be appealed all the way to the supreme court in Panama.
Machine translated from La Prensa
Roberto Gonzalez Jimenez
[email protected] [email protected]
Rolly Bob is a retired American who decided to invest in several properties in Panama, a country he chose as a retreat.
But the relationship he had with some leading property developers have fallen apart and is not as pleasant as he wished.
He is not the first customer to feel that his consumer rights have been violated, but in this case, he has initiated the appropriate legal action. Rolly and a group of investors decided to take action and created a sort of platform for the affected Real Estate buyers.
An advertisement in print media account of some of their cases. In one, referring to PH Brisas de Amador - Causeway Towers, say that despite several years ago having paid the full price, they have not recieved" any document evidencing that we are the rightful owners of the property acquired, and may not sell, rent or behave as true owners. "
Representatives of the developer contacted yesterday said in the coming days they will make public its version.
Investors invite other people passing through similar situations to refer their cases to an email address: [email protected]. Literally translated, the message leaves nothing but the picture of Panama: "Abuse estate. Victim of Panama. "
Rolly says that since the publication of the notice have received about 25 responses and that its purpose is to gather as many citizens as possible to force the authorities to take action.
Image and investment
Many of the buyers of luxury projects in Panama are foreigners, and when they suffer setbacks of this kind, problems with ownership, quality of materials, non-deliveries also suffers the Panamanian market as a safe destination for investment.
"I'm not going to tell anyone who buys they will have problems," said Rolly, but he also said he did not arrive out of the country. (A reference to being stupid)
Not so with a Swedish investor who bought an apartment on Avenida Balboa.
In a complaint lodged with the Authority for Consumer Protection and Competition (acodec), the buyer ensures that the surface of the apartment received was below the contracted and that even the material of the walls was as reflected in the contract and at the Municipality.
The investor's attorney, Zoraida Rodriguez reported that the disappointment and difficulties in recovering the money paid to the investor did not want to know "anything more about Panama."
La Prensa sought feedback from the developer, Btesh & Virzi, but no reply was received.
Claims
The property sector in 2009 generated many complaints to the Department acodec Of the 745 complaints, 433 were related to housing activity.
The board of the Panamanian Association of Brokers and Agents of Real Estate at its last meeting discussed these situations. A board member noted that the association will support consumers, "and we'll tell you that these are isolated cases and not the common denominator of our society."
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