RE-MAX refusing to return deposit

[mrednyc]

Hi everyone,

I recently attempted to buy property in Santo Domingo and put a deposit on a home which a relative of mine told me was something that might interest me I saw some pictures and thought this could be the place. The real estate company rushed the sale telling me that if I wanted the house I had to put down a deposit by weeks end because there were other interested parties. I was here in the US and couldn't leave immediately and wired the money and a receipt was made in my name with a verbal agreement that if the house was not what I wanted I could get my deposit back.

It turns out that the house was not what I expected, even more surprising my relative signed a contract under his name to secure the house, which I never saw until I arrived. The contract states that if I don't buy the house within a week I lose the deposit in full.

They are now refusing to return the deposit and the home is still for sale and the price of the house has doubled, so even if I wanted to buy it now to recoup the money I cant. Can they do that?

[adrianb]

As MountainFrog says, the DR can be like a private college, the price of admission can be quite high, but you can get quite a good education.

This situation doesn't sound good to me. Yes, it sounds like they conducted themselves unethically. But verbal agreements are worth zero - heck even written ones aren't worth much here. Why you would send money in without reading the contracts is beyond me.

Sounds like you're paying an expensive price for your education here.

[SKY]

Do not EVER deal with Re-Max for anything. Check the archives on Bommarito in Sosua for more on this.

[mrednyc]

True Adrianb

I should have been a little more careful on how I conducted business in the Dominican Republic, I was fooled by a name RE-MAX. I was told that the contracts would be drawn under my relatives name to secure the property and then be changed once I got there, since I was the one with the funds I figured nothing could happen until I arrived. But he signed the contract without a lawyer present and he really didn't understand what he had signed, heck truth be told I wouldn't have known, but I would have been diligent enough to have someone present who would have.

So now back to my dilemma what do I do besides licking my wounds?

Sky if you can please direct me to the archive I couldn't find it.

Thanks

[Mark1]

Originally Posted by mrednyc

True Adrianb

I should have been a little more careful on how I conducted business in the Dominican Republic, I was fooled by a name RE-MAX. I was told that the contracts would be drawn under my relatives name to secure the property and then be changed once I got there, since I was the one with the funds I figured nothing could happen until I arrived. But he signed the contract without a lawyer present and he really didn't understand what he had signed, heck truth be told I wouldn't have known, but I would have been diligent enough to have someone present who would have.

So now back to my dilemma what do I do besides licking my wounds?

Sky if you can please direct me to the archive I couldn't find it.

Thanks

Bommarito ReMax Realty
just one post about the guy

or use the search function of this forum , on the top of this page

[adrianb]

It sounds to me like you're best off cutting your losses. Unless you think its worth spending some money on a good lawyer to go after them. That may be throwing good money after bad though.

Another option would be to guarantee to them to buy a property through them if you can get the deposit applied against the new property.

Scott or one of the other real estate guys may have better advice. But it sounds like a really tough situation unfortunately. I sympathize.

[BushBaby]

You MIGHT try contacting ReMax in the USA, explaining the situation to them & asking them to LEAN on the DR operation that is using their name. As mentioned by Mark1, ReMax (under the name of Bommarito) in Sosua has a bit of bad publicity behind it & ReMax might want to try & clear their act up down here!!

Can't see how YOU can be held responsible for someone signing a contract if YOUR name wasn't ON the contract? What was the timeframe between you sending the money (& where was it wired to, with what wording if any) to ReMax & you getting down to sign this peculiar Contract?? You also might like to check other realtors in that area & see if THEY have the property on the market too, at what price & what the TRUE price of the property should be. They might even give you more ammunition to pass on to ReMax head office if you decide to involve them!!

Good luck - Grahame.

[JoeTurist]

Originally Posted by mrednyc

So now back to my dilemma what do I do besides licking my wounds?

I will say this: join the club and consider one of the life experiences, this guy is on top of the list "Do NOT deal with in D.R."

He start his career in 1990 in Sosua, taking advantage of the people honesty and the Dominican law.

One of the first things I learned about the Dominican Republic, was that there IS NO LAW, and where there IS law, it is whatever law happens to benefit those in power and control. NEVER rely on the law for achieving justice in the DR.

Years ago a case regarding "Elena's" in Sosua, later rename "Oceanview Residencial" was disccused on several DR related forums, Elaine Stonemark, as I recall, lost that property to Bommarito dirty tricks.

Next time is good to ask more people opinion about conducting any business in D.R., and even then, you could be deceived.

Shaby characters, wanted in their own country, crooked lawyers, doing anything for a buck, judjes with no morals...etc

You get the picture?

Joe Tourist

[AnnaC]

I'd like to see the written agreement before making a comment here. People have a way of getting facts wrong and verbal means nada especially in the DR.
Not sure how things work over there but in my world if anyone signs for you it's as good as the person purchasing it.
Here's where the details are important to know.
Name on agreement of purchase and sale. Does it specify that the signee is not the purchaser. If the contract stated an out it should have the following, who, where, when,why or else you have no out. Also a contract doesn't need to be signed in front of a lawyer.

Next time give power of attoney to your lawyer and have a him fax copy of the offer sent to you so you know exactly what's in the agreement. Again not sure of the DR but now a days faxed copies signed by the purchaser are as good as being there. Even if you don't have a lawyer at that time you can still have a copy of the agreement faxed to you before signing.

Just like Hertz, Avis, etc.....

....they all have US names, but when you contact the US they will tell you that they don't have any influence on their operations in the DR.

They pay for the use of the name, but they do not come under any control of the US parent company......

It happens all the time..... you're just wasting your time.