I recently purchased a property in the HZ and was under the impression that the notary I hired was to make certain that all taxes on the property were paid as well as completing all paperwork etc. I just found out that Beach Tax has not been paid for over 10 years. I am now reponsible for 10 years of Beach Tax and I have not even owned the property for one year. I have not yet contacted the notary, but was wondering if the notary bears any responsibility for this oversight? Any advice how to handle this situation?
I'll bet there are some hefty fines associated with the unpaid taxes, right? I do not know the answer to your question, I'm sorry. I would talk to a good Mexican attorney about this.
I don't know what "the law" is, but I've known several people who have had problems with their Mexican lawyers and notaries screwing things up... unfortunately, in not one case has the notary or lawyer involved taken any responsibility... Regardless, of whatever "the law" is, it seems there is generally no accountability here...... and you cant even go after them with PROFECO, since they are "professionals". PS: Almost EVERYONE I know with a business here, has had problems with their accountants messing things up, and their is zero accountability there too.... The accountant screws up, YOU pay the fine, and there seems to be nothing you can do to get compensated. :evil:
I got the exact same problem when I bought my property, except that a nice neighbor told me 3 weeks later that they were about to seize my apartment, they were already in the process. They don't sue the person who owes the money, they just take the property.... with the furniture. The notary (no 6) had signed "doy fe", when I went back to say hey........ you ARE responsible, he said no, "it is not my responsibility", an expression that I have heard many many times since. "Fortunately" for me, the seller was Lechon (notary no 10), I went to a very good lawyer, he solved the problem with one phone call, I threatened to put an article in the newspapers. The guy understood it was not exactly his interest (although they can sue you for diffamation, but I didn't get this one :lol: ).... paid or made an arrangement with the government or whatever, but I got the certificate that everything was paid. What a mafia! :evil: Anyway the lawyer (it seems it is the only honest here) is Magana (sorry I don't have the "gn"), but be aware he is VERY expensive. Good luck, you are in Mexico!
Notarios here do not represent either side in a real estate transaction. This confuses people because you do PAY the notary so you expect them to look out for you. But that is not their function. Their function is to serve as a kind of official record keeper of the transaction. You need a lawyer and you need one now. I've worked with Fernando Doblado on a few things here, he's a good lawyer, educated in the US and fluent in English: http://www.lawfirmmexico.com/bio_fd.html
Thanks so much for all your suggestions. I brought this situation up to a neighbor this morning and he said he "knows someone" :roll: in the beach tax office. He said a similar thing happened to him and this "someone" :roll: will help me out. We'll see. Cross your fingers for me. :wink:
I cross my fingers for you. It is always the same matter: someone who knows someone..... When you arrive in Cancun and buy something (even though I had been here 2 years when I did), and don't have a Mexican husband :wink: , you don't know what you MUST do! In France -and I guess it is about the same in the US, although I don't know for sure- the real estate agent does the job, then sends EVERYTHING IN ORDER to the notary, who signs the papers and deals with the taxes etc... Here nobody does nothing and are not responsible :lol: I have been in touch with Doblado, unfortunately he sent me to a...errr.... not sure if he was an associate or something, but working with him about this matter, and it was an horror. Un LADRON!
OK! I went to the Beach Tax office with my neighbor. To make a long story short, my beach tax bill was slashed from over US$1,000 (with all the late fees) to about US$200. I got the impression that they are willing to work with people in order to get past due money off their books. Some money is better than no money. Plus, now they will get their tax paid every year... If others have a similar problem, I'd suggest trying to negotiate something with the Beach Tax Supervisor. Thanks to my wonderful neighbor for taking care of this situation for me...I don't think I'd have even found the place without him!
Congratulations!! Glad it worked out for you. Of course there will always be problems as long as they reward people who don't pay with discounts. This happens with property taxes too. Pay in December and you get a 25% discount--15% in January--go 2 years without paying and get all fines and interest waived and a 50% discount. So where is the incentive to pay? Of course I do but there aren't that many of us dumb asses around. And if you want to see who really owes money to the Zofemat, just run down the list of hotels. But anyway, glad it worked out for you. It is nice to not owe money.
