The most recent advice was to file a "Denuncia" on our builder to prevent him from suing us if we get tough with him. We consulted our attorney and she said that's ridiculous. This is a criminal procedure. Our contract with the builder is civil not criminal.
At least we sought out advice from our attorney.
This is almost as bad as asking just any old person.
I learned long ago that advice from an attorney is akin to smoke and mirrors. It is based on who knows what and comes out of both sides of their mouth, quite a trick. No wonder most politicians are lawyers.
Anyway, she said that our strategy would open us up to a lawsuit from the builder.
Let me explain. I'm sure you are anxiously awaiting this info.
If we fire our builder because he has not finished the house, and withhold the last payment that was due upon completion (because it was never completed), he can sue us for breach of contract. We have to file a lawsuit on him first in civil court to prevent him from suing us.
No problem, you say. Well, that costs $2-3K and takes 2 to 4 years. Some solution.
But, then we could withhold the last payment and he can't sue us. Quite a price to pay for withholding the last payment which is worth only a little more than the cost of the lawsuit.
As it turns out, our lawyer has filed a lawsuit on every builder in Boquete over the last few years. That's the good ones and the bad ones. Every single last one of them...universal.
They are all bad, by our standards. She said that houses RARELY get finished by the original builder. They run out of money and can't finish...unless you give them some more money.
Hmmmm?????
Is this getting circular or what!
I don't know what we are going to do. We really don't want to file a lawsuit. This is a no win tactic. But we want the house completed.
I guess we bend over and take it like a man. (Where did that expression come from anyway?)
Such is life in Latin countries.
I REALLY mean it when I tell people to NEVER, EVER BUILD A HOUSE HERE!!!
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