The way things look, she'll be lucky to get anything in the end. I know saying that is not helpful. Reality can be very cruel.If she sells without an IMB for the house, she will have to sell for a fraction of the build value.
Exactly.Yes of course the whole thing is stupid beyond belief, she now knows that very well. I know that she suffers endlessly thinking about how naive she has been. She is paying a very heavy price.
Can she, (or anybody on her behalf), approach Bali's Governor and let him know about this?
Probably pissing in the wind. Might be worth trying, but I wouldn't hold my breath.
Have to go now - too many tears on my keyboard.
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Here are the details of the legal foundation that I mentioned.
:: YLBHI - Yayasan Lembaga Bantuan Hukum Indonesia ::
Lembaga Bantuan Hukum Bali
Address : Jl Plawa 57,Dangin Puri Kangin,Denpasar Timur
DENPASAR 80233Phone : 0361 223010 - 0361 227465 Fax : 0361 227465 :
Lembaga Bantuan Hukum Bali | Indonesia Yellow Pages
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.
Selling the house without the IMB in place is just passing all the issues to someone else, who will be by him self trying to solve the same problems instead of enjoying his proprety.
Here is what you can do:
Since the builder is just looking for money, there is a how to influence him by cutting a deal and extra payment next to the 200 million if he gets the IMB within a certain time frame.
You bring a friend acting as a potiential buyer who will buy when IMB
is in place. the buyer should be anonymous to the builder, the builderwill smell the money and he will start moving.
Nice idea there Mickey but one little fly in that ointment: the builder is just as likely to raise his price knowing the seller is hoping to get out from under... and possibly willing to pay more to get there quickly.
doean't matter dear Markit as lony as they get him to commit to get the IMB. this procedure in parallel will prove in case stepping to the court that the builder didn't request the IMB at the beginning of the project, which will be used agaist him in the court. and 2nd the house will be legally buildt which will facilitate the sale and maybe some ROI..
Last edited by Mickey; 11-12-2011 at 05:11 PM.
Well, that's all cleared up for me now!
I got a bridge in San Francisco for sale if you fancy one?
Hi,
Some considerations:
- this is leasehold - the IMB issue on leasehold is somewhat void, as your friend could essentially sub-lease the property to a willing purchaser. Such should not incur a significant penalty relative to market value.
- the real issue of liability - it appears your friend is being bullied and deceived. With no contract in hand, the 'builder' has no legal standing to make any further claim - if he were to return to the property, the caretaker should alert the police - such would be trespassing. If he tried to take or reclaim fixtures from the property, it would be theft.
This is very obviously a con - a builder on a Rp 500,000,000 budget isn't going to have the financial means that would enable him or her to accrue debt from suppliers of more than a few million Rupiah, and certainly wouldn't have been able to continue the work without earlier instalments from your friend.
Your friend really needn't do anything other than hire a caretaker she trusts. The 'builder' is not going to sue, he's not in the process of doing so either - he has no contract to claim any breach against and a pretty safe-bet is that he has no financial means to sue. Do not continue to allow him access to the premises.
If any further issues develop, we would recommend you contact not a lawyer, but a trusted Biro Jasa - one of which are happy to refer. The right Biro Jasa has contacts in Satpol, the Banjars, etc and will be far more effective at resolving this matter than a lawyer. They are on the ground and needless to say cost a fraction of what you would pay a lawyer.
As a non-resident foreigner, your friend is an easy target - this is a con.
All the best..
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