Quote:
Originally Posted by Marben
Dotty
I would love to be able to post the entire reservation contract here but for legal reasons i am unable to.
The points are as follows:
1. The contract is between the buyer and Sanchez Spain. Monies were paid into their Spanish Bank Account.
2. The Contract is written under Spanish Law and quoted to be created in Manresa (GS Spanish HQ) albeit "on behalf of" entity RN BRASIL INVESTIMENTOS IMOBILIARIOS LTDA. The remainder of the contract is between GS Spain and the buyer.
3. The bank guarantee is backed by Barclays Spain.
The main point however is that as per EVERY other posting over the last 2 weeks from me regarding this issue. NO the clients cannot just claim their refund NOW. They have to wait until the contracts expire and GS breach the contract by not obtaining the license. It is irrelevent as to whether the contract is with GS spain or GS brazil.
Repeating myself yet again!!!
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Once again, one paying monies in Europe to buy a property in Brazil. I seriously wonder if these monies would've been registered with banco central in the name of each and every purchaser if/when the monies were sent to Brazil.
Besides the above forementioned problem in regards to paying monies in Europe for a property in South America, but if/when the need arises to take any sort of legal action where do you go? Enter the court in Europe? The property is in Brazil. Enter in Brazil? The money was paid and accepted in Europe. This is one of the big problems that people have had buying properties in Brazil but making payments to an entity outside of Brazil when/if one has to take any type of judiciary action and that's jurisdiction, not to mention, as GW has stated, all the middlemen involved.
There have been those (supposed developers) that have came to Brazil specifically to scam others and this is exactly what they do (not saying that this is the case in regards to Sanchez). Have agents sitting in Europe that accept monies on their behalf, then the agents send the monies less commissions to them in South America, and then when the problems occur it's nearly impossible to hold them (the so-called developers) responsible in a court of law here in Brazil.