⌛ Remodeler and builder

Hello

Hello Blackbelts,
I read your posts on your house development.
I have some questions for you. You are leasing the land from your contractor? Is that correct? So your contractor is building a mansion on his own land using your money? Is that correct?
Good luck.

 

remodeler...

It always appears to me, that when a foreigner decides to "purchase" land in the Phil., without a native spouse, everyone on the board can't wait to tell them about the bad decision.

We are building a home, on land owned by our contractor, that we have a perpetual lease on. However, to save space on the forum, I will not post the appx. 20 pages of legal documents that we had done by a prominant Dumaguete judge, along with several attorneys. We also had the documents reviewed by a retired judge in Manilla

Here's the bottom line, we're not worried about it !

2 blackbelts

 

GOOD LUCK TO YOU BLACKBELT. If everything is done through proper agreement and in accordance with law, sealed and signed by lawyers, then go for it. It's your prerogative and it's your money and you can do whatever you want for it.

 

Belts,

It's your money. You earned it. Spend it as you will and don't worry about the critics. Good luck with your home and I hope everything works out well for you and your family. I too, am tired of the doom and gloom predictions of other people. Enjoy.
Chi Town

 

Don't worry about it 2BB, you've got that pioneer spirit.

Good on ya, I hope you get settled in quickly.

 

You should worry, but good luck.

I didn't say it's a bad decision. Well, maybe I implied it. And I think you should worry. I think I took this position, because of the way you gushed about how good your landlord/developer is. If I were the landowner and the lessee paid me to build no less a “mansion” on it, yeah, I would build the nicest house there, too. Because it is my home. I just don't understand why you praise the owner/developer. Anyone in that situation would do anything to please you, blackbelts. Just don't confuse economics with goodheartedness. Remember the Hong Kong being returned to China? It will never be yours. And the filipino owner will never consider it yours. That might lead to some potential conflicts in the future, particular when the house is completed and the construction money dries up. In the end, you are just a lessee. The philippine law says that the physical improvements such as a house belongs to the lessee? Well, technically, yes, but if there is a conflict and the lessor wants to evict you for whatever reasons, and blocks access to your house, it's not your house anymore. And you can't ever sell that house. Who will buy it from you? You can’t borrow against it either. You seem to rely too much on legal documents. That's not such as good approach here in Philippines. It seems you are new to Philippines, and you certainly rushed into the lease/construction deal. Is there any reason why you are rushing? If there is any secret reason, or you are just so loaded with cash that you need to burn, I will not probe further, but legal contract is worth nothing here in Philippines when a party involved decides to wiggle out of it. I don't know if you are on top of the story on the U.S. military men who are accused of raping a girl in Subic. Even if there is a clear law, GMA and the courts had to battle out as to how to apply the law when it came to taking custody of the men. What farce. Contracts never favor foreigners, and reviews by judges are by nature are not worth a centavo because it is their personal (not official) opinion only and not a judgment. In any case, you will rarely encounter lawyers or judges who will want to rock the boat by offering differing points of view for fear of repercussions, especially if it’s just a personal legal opinion and not a ruling.

Your use of the term "perpetual lease" in this post is worrisome. There is no perpetual lease for anyone, including filipinos. I believe its 99years for filipinos and 50 years with option of additional 25 years renewal for foreigners. Sure, 50+25 years may be forever to most of us, but if you used the word "perpetual lease" in your lease contract, that might lead to invalidation of the contract because it is illegal. The length of the contract worries me too (well, I am thinking to myself now, why worry, it's not my deal.). In general, lease agreements should be relatively short. Longer the contract, more clause it has. More clause there are, more reasons for potential conflicts. Longer contracts never favor the underdog, which in this case if you. An example is the house by-laws in condominium purchase. It is literally a book. Do you think that book favors the condominium association or the individual condo owners?

I suppose I was also a little concerned about your cavalier approach. You, the foreigner, comes to Philippines, and in a span of a few weeks total, scouts a lot, enters into a lease and development contract, using the owner as the contractor. This approach would be viewed as ridiculous most parts of the world. Especially so here in Philippines. At the very least, you have again demonstrated to the Filipinos that there are another rich kanos born every minute. And it doesn’t help other expats here in Philippines one bit.

Lastly, you have made yourself famous. Or infamous. Everyone in your neighborhood, and probably the region, heard about you by now. You are probably now a target of every Tom, Dick, Harry and Jane who will want to obtain similar sweet deal that you gave the owner. You might not be able to trust anyone because you will always be wondering if they are being nice to you because they like you, or because they like your cash. I think you have effectively set yourself apart from the locals. You will probably never be fully integrated with the local community. I guess you can hang with other expats, but if wanted to do that, there are plenty of expats in your hometown right now. You didn’t have to come all they way to Philippines for that. Also, you may now have to hire a security guard or be armed in some way, because there will probably be criminals interested in looking into what valuables you got stashed inside the mansion of yours.

I apologize for being harsh. But I thought you might need a dose of reality check. And I think, and hope that my point of view may make other expats think twice before entering into a deal like the one you made. Don’t let the tropical sun delude you. Use common sense as you would back home. Don’t ever enter into a situation where conflicts of interests exist. You wouldn’t use the same attorney who represents your wife in your divorce proceedings. So don’t use the lessor to construct your house using your money on his land.

I realize you can’t turn back. So I wish you much luck.

 

Remodeler and rebuilder

Gosh, here we go again.

Dose of reality, don't actually need it. I've owned, run, and managed a major medical mfg. co. for years, which I just recently sold. I've dealt with Koreans, Phil, Germans, Chinese, and many other nationalities, all of whom are looking to get over on you. Just like in Dumaguete, Moscow, or Chicago, if you let them, they will take advantage. The solution is don't let them.

As far as being seperated from the locals, sorry, you've missed that boat as well. There is no use discussing what I do for the locals and orphans on a public forum, it's our business.

You will NEVER see me hanging out at the Why Not or any other bar with the Ex-pats or locals all day, I have way to much to do.

Again, my legal work is quite sound, and I feel comfortable with it. Believe me, I do have enough contacts to get things done if need be. We know there is no perpetual lease, more of a figure of speech.

Anyway, I am so glad that everyone on this forum, or at least most people, feel the Phil. culture is the most ruthless, dishonest, and corrupt on the planet, with nothing in mind but to rip you off. I see it differently. If the country is so much like this, why do people want to move there? Why are any ex pats there at all?

I believe my honestly, hard work, and faith will pay off.

2 bb

 

imhirphil, I think you're going over the line in what you're saying on a public forum here.
IMO if you really had 2BB's best interest at heart, like you profess so strongly to have, you'd PM the man and arrange to have a visit or a chat with him so as to be able to relate in a one-to-one the reservations you have with his situation.

But here its looking more like you're trying to embarrass or humiliate the guy with a bunch of "what if's" and "could happens"....


In the world of the internet, we call people posting like Imhirphil

"concern trolls"

 

Remodeler and builder

Hey Marky:

Thanx for the reply, but no need to defend me, as I can more than do that myself. In more ways then one.

Honestly, I could really care less what others bander and bellyache about here on the forum. I've met Dane, Outkast, and Roody, and they know what kind of guy I am.

This board, and I am one of the earlier members, used to be alot of fun. Now, all people want to do is try to embarass, put down, and criticize others for what they do, where they live, and what their ideas are. It's getting tiresome.

Hey Dane, whatever happened to all the good times we used to have here? It's nothing now but complaining and petty fights over nothing important.

There are so many experts and know - it -alls here, I'm surprised the rest of the world can survive without them.

Hey, I've busted my butt to make it in this world. If it doesn't work out in the Phil., I'll just go someplace else.

As far as having a "cavalier" attitude, all I do is just consider the source. By the way "imherphil', just what do you do for a living? What have you contributed to society to make you so smart? Please, enlighten us.

I'm fed up with the crap and negativity here. I"m signing off for awhile. I hope everyone has a nice day.

2 blackbelts

 

Spend it as you will and don't worry about the critics.

Way too much doom and gloom predictions.
In my short life, i've noticed the nay sayers are normally those that can't account for much of their own, or have had way too much bad luck in life and are trying to bring others down with them...

Keep on keeping, YOU and the people you associate with know who and what kind of person you are.

Good luck with your plans, and I hope everything works out well for you and your family in the future to come.

smed