| Stories from Macario Gomez Outside of Tulum |
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By: Mari Pintkowski Jaguars in the Jungle. We were like jaguars in the jungle, in pursuit of our next meal. We just had to have this piece of Tulum beach-front property we discovered on a casual walk along the beach. We stayed on for another day, hoping to find and talk with “Victor next door.” Every time we approached his little resort, he was not there. His unassuming wife, who spoke no English, told us to come back mañana. We felt satisfied that we were at least able to get his phone number to add to those that were listed on the faded sign on the property.
When we got home to Colorado, we quickly developed the photos we had taken. Each time we flipped through them, we were seized by a powerful yearning when we came to the one from Tulum with the words “beach for sale.” Over the next month, we became phone pals with Victor and the owner of the beach-front lot, Julio. Oddly enough, the price of the property fluctuated depending on which person you talked to. Lou sensed that there was something unsettling in Victor’s voice. One night I overheard Lou say to Victor, “Hey amigo, it sounds like you are unsure of whether Julio is going to give you your share of money from the sale. Each time we talk you add a little more dinero to the agreed price of the land. Is this how real estate commissions are handled in Mexico? Moe and I want you to know that you will be taken care of within the terms of the sale.” Our evenings drew us to the computer to research buying land in Mexico. We were warned not to buy property that did not have a title. Julio had assured us that this property would eventually have a title, and was not ejido land (communal agricultural land). Victor telephoned in September and said that the paperwork for the sale was ready at the notary’s office. With a mixture of fear and excitement, our jaguar eyes were gleaming as we booked a ticket to return to Mexico. Victor and Julio, the owner, who was in town from Mexico City, met us at his notary’s office in Playa del Carmen to review the paperwork. Victor, a dichotomy of a man, had a short, stocky build with a minor paunch over the belt from too many frijoles. Our new-found amigo walked more like a confident man with a six foot frame. He exuded energy, and always knew someone who could help. Julio looked to be about thirty. He came across as the playboy of the Riviera. He cruised around town in a shiny new sports car and dressed in a hip style typical of today’s teenager. He owned a music store in Playa del Carmen and lived in the shadow of his father, a successful business man. Julio’s over-confident body language brought out our jaguar instincts of wily caution as he seemed to be a man who was accustomed to getting what he wanted. After our first meeting with the notary, we took the documents to a friend’s house. She was a retired business woman from the states who was now living in Akumal. She spoke fluent Spanish and was willing to share her opinion of the paperwork we were given. She was ruthless and to the point. “Guys, I can not recommend that you continue to work with this notary. My past experience tells me that he is not a reputable businessman. I will go with you to see another notary.” We made an appointment the next day and together we headed over to meet our second notary in two days. We were surprised that this notary also did not speak any English. With the growth of Playa del Carmen, I imagined that all business people spoke English in order to be able to deal with the growing international population. She reviewed the documents and told us that the “Compra/Venta” (Buy/Sell agreement) we were given was illegal. She explained that, “You can not sell property that you don’t own. Without the title, you can not prove legal ownership.” We were not happy to hear what she had to say and left the office with a heavy heart and the determination to find Julio and bring him back to her office tomorrow. He agreed to return the next day with us to hear her interpretation of the law and his documents. Julio was very surprised with what the notary had to say. She also told us, “While foreigners can own property in the interior, they cannot own land that falls within fifty kilometers from the ocean or one hundred kilometers from Mexico’s borders.” The entire state of Quintana Roo falls into this restricted zone. To circumvent this law, in 1971 the fideicomiso was created. Through the fideicomiso foreigners can have ownership rights to property that was once prohibited. A clear title is necessary to initiate the process. Julio was stunned when she explained that HE didn’t own or have any rights to this property without the title. The Compra/Venta that his notary had drawn up appeared to be a worthless piece of paper. This document is only a promise to sell. The tone had been set, and once outside the office, we all shared our concern for the situation. Julio said that he would use his connections in the capitol city of Chetumal to get the title, so that we could proceed with the sale. He promised to be in touch with us when he had the title....... The preceding story is an excerpt from the book Embarking on the Mariposa Trail by Mari Pintkowski. The book is available at Mundo in Playa del Carmen, and Alma Libre in Puerto Morelos, and M Boutique in Tulum or www.laselvamariposa.com Mari Pintkowski lives with her husband in Macario Gomez where they constructed an elegant B & B, La Selva Mariposa,in the jungle while they wait for permission to build on the Tulum beach. Contact them at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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