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Thread: Really screwed, being extorted

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    Default Really screwed, being extorted

    Guys, I really need your help.

    I had posted on this forum earlier about a notaris to help buy an amed property (villa). Now, I am in the unfortunate situation of being extorted the (foreign) seller's agent and her nominee, abetted by the notaris. Yesterday, I wired the full property payment to the notaris on the day of signing the purchase deed, only to discover the seller wasn't in town nor they would arrive till after my scheduled departure.

    Upon my wanting the transaction cancelled and the money wired back, the notaris demanded reimbursement (1) for the seller nominee's IMB renewal expenses (not even in the notary invoice, because I made it seller's responsibility), (2) for his fees, despite no transaction. If don't agree, he won't transfer any money back. Just to get out of the jam, I agreed to pay inflated his notary and IMB renewal fees (despite no agreement/invoice to this effect) but after I left today, the driver who originally led me to the property, who now claims to be 'my agent' after losing out on his seller commission wants $1200 for 'his expenses' and is working with the notary to hold the wire.

    The only agreement between notary and me is 20M Rp for transaction expenses (tax, nominee agmt, due diligence, notary fee, translation cost, and name change BPN cost).

    I don't know where to turn. What I should do?

    Anupam

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    Anupam.

    I'm sorry to read about your dilemma. Quoting from your own words, it does sound like you've been screwed. The "extortion" part is maybe "dessert". (Not necessarily "just".)

    The only agreement between notary and me is 20M Rp for transaction expenses (tax, nominee agmt, due diligence, notary fee, translation cost, and name change BPN cost).
    If youv'e only lost Rp 20M, you're "lucky" (so far).
    I don't know where to turn. What I should do?
    Buy a gun and use it? Report it to the police? Report it to the Governor of Bali?

    Apart from that, you've only lost a couple of thousand dollars. Learn from the experience and don't make the same mistakes again.

    In other words, read 'em and weep.


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    I am sorry to hear of your trouble. You could threaten hiring a lawyer and whatever, but I doubt that will help. I would just try and negotiate the "fees" that your notary and driver are requesting.

    I think the law is pretty clear that foreigners can't own property in Indonesia, so if you run into any trouble, you are on your own.
    Give a man a fish and he will eat for a day. Teach a man to fish and he will sit in a boat drinking beer all day.

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    Capital at risk is the entire purchase amount of $90K unless I pay the extortion amount = $1300 (IMB) + $1200 (driver claim) + Notary fees as outlined above.

    Even if I pay these, I don't know if they will return the money.

    What I don't understand is if I am not signed anything, how can they hold anything back? It would be another thing if I entered into a contract and then reneged on it.


    Quote Originally Posted by spicyayam View Post
    I am sorry to hear of your trouble. You could threaten hiring a lawyer and whatever, but I doubt that will help. I would just try and negotiate the "fees" that your notary and driver are requesting.

    I think the law is pretty clear that foreigners can't own property in Indonesia, so if you run into any trouble, you are on your own.

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    Quote Originally Posted by joejoe View Post
    Capital at risk is the entire purchase amount of $90K unless I pay the extortion amount = $1300 (IMB) + $1200 (driver claim) + Notary fees as outlined above.

    Even if I pay these, I don't know if they will return the money.

    What I don't understand is if I am not signed anything, how can they hold anything back? It would be another thing if I entered into a contract and then reneged on it.
    i would negociate with the notaris, so dont pay the driver/agent anything , and for the rest negociate the fee you pay the notaris, i would start with 25 %. remeber in bali deals are not made in 1 day , so take your time and visit him every day a couple of times and most important ; stay relaxed and keep talking with the notaris.

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    Do you have any local friends in the area, who can go with you to the notary? I think this sometimes really helps if you have an understanding friend, who has some influence in the community.

    If you are worried about them not returning your money, I would be looking for a lawyer pretty quickly. The boss of Kantor Kita went to jail last year for accepting money from a foreigner for a property purchase that she just put in her pocket.
    Give a man a fish and he will eat for a day. Teach a man to fish and he will sit in a boat drinking beer all day.

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    Quote Originally Posted by jokko View Post
    i would negociate with the notaris, so dont pay the driver/agent anything , and for the rest negociate the fee you pay the notaris, i would start with 25 %. remeber in bali deals are not made in 1 day , so take your time and visit him every day a couple of times and most important ; stay relaxed and keep talking with the notaris.
    That's good advice from Jokko. Take your time, listen to their reasoning about the costs they want compensated, then without any anger, and taking your time and negotiate/bargain. let it take days if need be. Spicy's suggestion to take a local with you may help - but then the conversation may switch to Indonesian. So the local needs to be some one you trust and someone who can translate as you go.

    Good luck.

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    Friend it do seem like you've "porked the pooch" on this one. Hard to say what I would do in your place - but first a few questions:

    1) Can you still proceed with the deal when the seller returns?
    2) Can you ask your bank (that sent the money) to help you retrieve it?
    3) Is "your" driver really working with the notary? I doubt it...

    Presuming some of the answers to these questions and if you want your money back - I would agree to payments to notary (reduced) and to payment for IMB, as it was probably only done to your request?

    If you still want the land then do it when the seller returns - if you liked it before why don't you like it now?

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    Quote Originally Posted by joejoe View Post
    Guys, I really need your help.

    I had posted on this forum earlier about a notaris to help buy an amed property (villa). Now, I am in the unfortunate situation of being extorted the (foreign) seller's agent and her nominee, abetted by the notaris. Yesterday, I wired the full property payment to the notaris on the day of signing the purchase deed, only to discover the seller wasn't in town nor they would arrive till after my scheduled departure.

    Upon my wanting the transaction cancelled and the money wired back, the notaris demanded reimbursement (1) for the seller nominee's IMB renewal expenses (not even in the notary invoice, because I made it seller's responsibility), (2) for his fees, despite no transaction. If don't agree, he won't transfer any money back. Just to get out of the jam, I agreed to pay inflated his notary and IMB renewal fees (despite no agreement/invoice to this effect) but after I left today, the driver who originally led me to the property, who now claims to be 'my agent' after losing out on his seller commission wants $1200 for 'his expenses' and is working with the notary to hold the wire.

    The only agreement between notary and me is 20M Rp for transaction expenses (tax, nominee agmt, due diligence, notary fee, translation cost, and name change BPN cost).

    I don't know where to turn. What I should do?

    Anupam

    hi jojoe

    keep approach the notary and negoatiate nicely, or if you have a local friend/trustee in bali, ask for their help to approach but if those don't work then ask your lawyer to report to notary head office. an opportunist notary like that actually can be reported to their head office in denpasar for any unnecessary/unprofessional action they do, their license can be cancelled by their head office by doing things like that...notary is considered government staff and because of so many land/property cases happened so far, the association has applied a very strict rule to their member on the last 2 years. i had experienced 1 case like yours and was helped by the notary association head office in denpasar.

    goodluck

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    welcome to Indonesia

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