Thursday, April 15, 2010

Seriously???

Okay, here is the story with the garden. The first part was right, the garden is 'owned' by the condominio with rights of 'exclusive use' to the original apartment that consisted of the first floor, the second floor and it's attic. When the original owner seperated the apt into 2 units, he did state in the sales contract that the garden 'belonged' only to the apt on the second floor. There is a second 'private' document that states that both apts can use the yard. I have no idea how to explain the rest of this to you, so let's just say we met with the real estate agent and talked with our friend who is a notary (which is really like some sort of property lawyer) (thanks fede!) and she tells us that because that because the 'private' document is not part of the sellers/buyers contract and that none of the parties that own (or in our case will own) the house signed the contract, the 'private' document cannot apply to the next owners. yeah i know, crazy strange.
So this is kind of funny: remember how the renter was supposed to be out by the 6th? and you know how horribly messy the house was? Well Stefania (one of the REA assistants) called to see if she could come over to get some document signed, the renter says: 'sure, but don't be alarmed by the crazy mess of all the boxes that are lying around.' What a time to start to excuse himself, did he not notice the mess before, it was so bad CPS should have been called! well at least that means he's started packing, but really the owner promised he would be out by the 6th and the place would be cleaned up and the walls white washed. Yeah that is so not going to happen, Max told him just to get the guy out of there and not make us wait even longer just to get that stuff done!
So here is, what I am hoping is the icing on the problem cake...when we met with the REA, after we tried to figure out about the yard problem, that the owner just happened to forget to mention, they told us about another obstacle before signing the final sale papers: the owners bought the house in July of 2005 with the 'first house' loan. That loan has a stipulation that the house cannot be sold before 5 years and otherwise the penalty is the lowered taxes that are saved, must be payed back. The owners knew that there was this stipulation and had they forgotten, when papers are drawn up to sell the house, it's restated on their contract. Today, through the REA, they asked if we could do them a favor, would we delay the rogito (final sale/handing over of the keys) until July so they wouldn't be fined an $8,500 penalty. They would hand over the keys and let us live there, but without having 'officially' sold the house, er, I think NOT! They seem to forget a lot of things until the last minute, should I tell them that that empty container 2 feet above their culos is where their brains should be?? Seriously?? Come on people!! This could have all been avoidable too. They could have a) printed in the ad, house not avail until july 2010 b) told us when we signed the compromesso and fixed the rogito c) told us when we asked what day they wanted to do the rogito or even d) mentioned it any time in the last 7 months (not 6 days before the rogito/14 days after the original rogito)! And then they were so embarrassed to ask us personally after all the the merda that they put us through, they had to ask somebody else ask for them. My thought is this, hells no! I don't trust them farther than i can spit, and i a totally dehydrated right now! We are now between a rock and a hard place b/c in 15 days we need to be out of this place and we don't have enough time to find another, so we are holding them to next week's rogito date, and now it's just gonna be an awkward atmosphere for everyone!

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