I need advice from practicing lawyers; please, serious responses only:

I co-own a property in Mexico. We entered into a one-year lease agreement with a tenant, granting them the first right of refusal to purchase the property at the lease's end. Upon the lease's conclusion, the tenant expressed interest in purchasing and provided a 30% down payment. We formalized a sales agreement and scheduled a closing date.

However, a day before the closing, an individual claiming to be the rightful owner presented an "amparo" (a legal injunction in Mexico), halting the sale and placing us in breach of contract, subject to penalties. Resolving the amparo is expected to take about a year.

The tenant now considers us in default and is threatening legal action. While we've offered to return the down payment, they are demanding double the amount for the delay. Our attorney believes we lack sufficient evidence to prove the tenant orchestrated this obstruction, despite our suspicions, since he delayed the purchase for several months and always acted very suspicious.

The tenant proposes settling the matter by purchasing the property at 70% of the original agreed price. We feel that this was his original plan. We're cornered and are unsure of our legal options to avoid significant financial loss. He's threatening to take us to court.

If anyone has expertise in Mexican real estate law or can offer guidance, your assistance would be greatly appreciated.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48471990)

(TITMFCR)

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48477730)

Op doesn't even own this house she's some mestiza squatter from el salvador

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472002)

(TITMFCR)

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48477734)

these spics are vile little kikettes and they are all colluding around you

guessing they sense you are an outsider of some sort and smell the blood in the water

ime ur fucked and everyone is getting a slice even if u were 100% on high legal standing these little spics will still fuck you over

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472006)

know/can afford a bigger fish? u win

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472220)

No one can help you here. Law is local. You're not even talking about Texas or Tennessee you're talking about a completely foreign jurisdiction with a civil code and no one here knows what the fuck an Amparo is because we don't have it.

Taking advice from someone here is a bad idea for that reason alone but even worse is that most people here are fucking retards

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472047)

Clowning on whokebe is 180.

ty

Date: December 21st, 2024 9:37 AM

Author: Slow Children Playing

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472088)

Not their area of expertise but maybe you can get a referral.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472509)

ill start the buying when u sell

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472367)

Is Chet Baker tp the real Whok or an imposter?

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472387)

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472396)

When a a sale agreement is halted due to a legal impediment outside your control, some contracts include a “force majeure,” “legal impediment,” or “impossibility” clause. Whether or not your contract has such a provision could determine what remedies each party has.

What to check:

• Is there a clause excusing performance if a legal injunction prevents the sale?

• Does the contract specify penalties or damages if completion is delayed by legal proceedings not caused by the seller’s intentional misconduct?

If there is such a clause, you might have a strong argument that you are not in breach, but rather, the transaction is temporarily impossible due to a third party’s legal challenge (amparo).

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472604)

This is the only clause:

In the event that this contract is breached by “THE LANDLORDS AND PROSPECTIVE SELLERS” and they decide not to proceed with the sale transaction, they shall return the agreed amount from the deposit received and pay the contractual penalty to “THE TENANTS AND PROSPECTIVE BUYERS” within no more than 5 business days from the confirmation of the breach in accordance with this contract and the established deadlines, provided that “THE LANDLORDS AND PROSPECTIVE SELLERS” have received the payment described in Clause Three of this document.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48472972)

No rational buyer would offer more than pennies on the dollar because it's a speculative investment play at this point

Doesn't that make it blatantly obvious that he is behind the whole thing?

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48473022)

This was the response from our "lawyer" when I raised that concern:

"I don't see any concrete evidence or objective proof of his involvement."

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48473044)

Assume your current attorney was cut in on the deal, and they're all laughing at you behind your back

Assume you have zero options to "legally" back out of the contract or claim it's not enforceable

Do you have any friends or family in the cartel? I would be looking to cut my losses right now and sell at an even more discounted rate to someone who knows the lay of the land and will pay cash for keys in the next 72 hours so you can just walk away clean

What I definitely would NOT do is voluntarily hand over another peso to some dude who royally fucked your ass like this

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48473551)

What do you think about that option?

If he took us to court, there aren't real claims that could get us in trouble unless he really bribed everyone around.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48473714)

seems like you should hang your hat on this part.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48473024)

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48473722)

"Just throw more money at it and skip researching online, even though there's plenty of stuff you can get for free."

You sound smart.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48474678)

I also had a community property case in NM once. But I don't have a clue what OP should do.

Probably hire a private investigator is what I thought.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48475150)

How do you find a reputable PI?

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48475674)

The response from our "lolyer" is this:

"After reviewing the buyer's message, it's clear that the penalty clause applies only if one party withdraws from the purchase agreement. This situation is exceptional and cannot be attributed to you (speaking of the amparo/legal injunction). In my opinion, a judge would likely rule that the penalty the buyer is attempting to impose is unjustified. Therefore, unless you're inclined to pay the demanded amount, reaching a settlement seems unlikely, necessitating litigation. The buyer is entitled to interest accrued since the down payment, approximately 20%, which should be added to the refund.

Regarding his lawyer, communication has been consistently poor. Despite attempts to understand their position, he has been unwilling to engage in meaningful discussions."

I'm wondering whether we should wait for the buyer to sue us or if we should take the initiative and sue for extortion. Someone earlier suggested going straight to the police, and I agree with that approach. I'm puzzled as to why our lawyer recommends waiting to be sued. Should we wait for a lawsuit, or should we file one ourselves for extortion?

Do we need to prove damages before we can sue for extortion, or do we wait for the damages to happen?

I do need a PI and a new lawyer I guess.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48475776)

I am RE attorney and I have dealt with plenty of international transactions but you are way too annoying and confused to deal with, 100% you'll argue and push back like an idiot if anyone lays this out for you.

Your above assertions that your inability to locate a competent lawyer in Mexico is dud to Mexico and not your own stupidity or lack of social affluence tells me everything I need to know.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48476820)

New Mexico has a shit, pure shit bar. Sounds like you'd fit in, international lolyer man.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48476845)

But you need a new lawyer who is going to hustlefuck this case ASAP - or your property is going to be tied up for a long time.

I'd send the buyer their down payment right away and offer the interest in exchange for a release.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48476841)

1) Tell the buyer you returned his down payment in the mail already and that you consider the contract canceled;

2) Tell him the original contract you signed is not enforceable because you are a merely a co-owner, and don't mention any other reasons;

3) Have your lawyer pivot from sitting on his ass to eviction proceedings on tenant if he doesn't keep paying rent

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48477632)

I was wondering if anyone here has access to criminal records, we're not sure if he's Mexican, he has a slight Spanish accent (Spanish from Spain.)

I am getting a lawyer friend of mine check criminal records in Mexico but checking if anyone has the ability to check internationally.

(http://www.autoadmit.com/thread.php?thread_id=5652432&forum_id=2)#48477705)