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Gringo Gazette

What’s Going On In This Country?

BY SANTIAGO VERDUGO

You can’t make this stuff up. Three people were struck and killed by a runaway truck whose brakes failed while they were helping themselves to the cargo aboard another truck, whose brakes had also failed. This all went down on a big highway on the mainland.

Passersby saw an opportunity after the first truck was stuck on a runaway truck ramp on a section of the highway in Veracruz. They broke into the trailer and began stealing its cargo of cleaning supplies. But minutes later a second truck barreled down the ramp, (Doesn’t anyone in Mexico maintain their brakes? Has anyone even seen a runaway truck using those sand pits?) The second runaway truck knocked over three of the looters like they were bowling pins.

But that didn’t stop fellow looters, who kept right on snatching these coveted cleaning supplies. (Maybe there are some good deals on cleaning supplies on Craig’s List in Veracruz?)

Meanwhile, others started whumping on the driver of the second truck, presumably in retaliation for hitting their fellow looters. The driver of that truck was hospitalized but is expected to recover.

Fake News. Four people were killed in a fake hysteria whipped up on social media. A fake message circulating on Facebook and Twitter and the messaging service WhatsApp, alerted people in several states that a wave of kidnappings was taking place. The gist of many messages was “don’t leave your kids alone, there’s a band of child snatchers within our midst.”

Some messages claimed that children are being abducted by organ-trafficking rings while others called for vigilante justice for anyone believed guilty of the crime. And that’s exactly what happened in two towns on consecutive days last week.

First, an uncle and his nephew were killed by an angry mob, then a man and a woman were killed in the same way the next day. Both were burned alive. In both cases, the prosecutor’s offices said there was no evidence that the victims had committed any crime. Authorities also issued statements declaring that child abduction rings were operating in each state are false and urged citizens not to spread such information.

Authorities in other states where the same fake news has flourished — Yucatán, Durango, Jalisco and Sinaloa — have issued similar statements of their own.

The mother of 21-year-old Ricardo Flores Rodríguez, who was a farmworker and a law student at a university in Veracruz, blamed the mayor of Acatlán de Osorio, because the two men were taken by force from municipal police before they were tied up, doused with gasoline and set on fire.

“I want the head of the mayor because he is responsible for the death of my son and my brother-in-law,” Rosario Rodríguez said. “Why did they kill them? Why did they [local authorities] let them?”

The mother condemned the acts of mob justice, but also recognized shortcomings in Mexico’s justice and legal systems that result in high levels of impunity. “We reproach and condemn [the serving of] justice by one’s own hands, [but we cannot] prosecute presumably illegal behavior by seeking to serve justice with our own hands. We have to recognize that there is an institutional weakness in the procurement of justice, but that must not be substituted by [serving]  justice by one’s own hands,” she said.

Commission chief Pérez warned that as long as the state does not provide  minimal security there will be distrust of institutions and desperation among citizens to see justice served. The commission said there have been 25 deaths like this so far this year.

Dark Times. These are dark times for the town of Motul, on the Yucatán, particularly at city hall. The new mayor was sworn in Saturday, but the ceremony would have been conducted in the dark were it not for rented portable generators: the electricity was cut off due to an overdue account. Incoming mayor Roger Aguilar Arroyo claimed during the swearing-in ceremony that his predecessor had left the municipality in arrears with the Federal Electricity Commission (CFE).

The PRI mayor said the PAN  party’s mayor left an outstanding debt of US $156,000, most of which is owed to  CFE. The new mayor pledged to negotiate a payment plan with the federal utility to have the administration’s power reconnected.

The electricity was cut off four times during the previous mayor’s three-year term. He has blamed his own predecessor for the unpaid debt. This is pretty standard in an administration change.

Same shit, different government. The fine imposed on the incoming Morena party has been rescinded. The fine was for money going missing from an earthquake relief fund on its watch.

The 10.3 million dollar fine was reversed because there was not enough evidence that it was Morena’s hands in the cookie jar. The cookie jar, which was filled with about $4.1 million through donations, was for the September 17th earthquake last year. 3.37 million dollars in cash was taken out of the trust and allocated to members of the party, according to the initial charge.

When the fine was announced in mid-July, President-Elect López Obrador, assured that this was “a vile revenge,” presumedly for winning the election.

We’re going to stop now, because we’re pretty much finished with dispensing bad news.

Wait. Here’s some semi good news. We’ll call it less bad news, as nobody is dead. Mexico’s president-elect Andres Manuel Lopez Obrador (AMLO) doesn’t take office until December, but he’s already got a multi-billion dollar dilemma on his hands: what to do with the country’s largest infrastructure project, already in a morass of scandals and corruption, which, if completed, will become one of the world’s most corrupt and most costly airports? Last month AMLO announced that his government would either finish it or expand a military base north of the Mexico City, depending on the results of a a review by engineering experts and a public referendum due in October.

An engineering association threw their support behind the completion of the $13 billion airport, but that doesn’t mean they aren’t also on the take. The already white elephant is in its fourth year of construction, only 30% completed, and $4 billion USD over budget.

Three big contracts, worth $5 billion, are in the hands of a consortia led by Grupo Carso, or other firms owned by Carlos Slim and his family. Slim is one of the richest men in the world, (Warren Buffet and Bill Gates keep trading places with him). Forbes says he’s worth $75 billion. Just how much money does one man need? What is he going to do with more billions? Maybe stealing is just habit with him. An addiction that could be helped with rehab. Slim is the owner of América Movil, formerly Teléfonos de Mexico, or Telmex. Telmex was the old telephone monopoly in the country, akin to America’s AT&T Inc. He was there to catch it when it was privatized.

Thinking Of Buying Property In Mexico?

BY MARIANA LOPEZ-BUSTAMENTE

Baja California is certainly enjoying a major historical real estate boom. Nonetheless, the real estate industry has also been one of the sectors with the most complaints before the Federal Bureau of Consumer Protection (“PROFECO”).

For this reason, if you are considering buying a property for residential purposes, it is very important that you take into consideration several caveats before putting your signature on the final contract.

Generally, real estate developers have standardized purchase contracts, meaning that these contracts have been prepared by them and are normally not negotiable, except sometimes as to price and form of payment. These contracts are called Adhesion Contracts by the Federal Consumer Protection Law (the “Law”).

Protect your investments.

According to the Law, developers, brokers and any other person intervening in the marketing and sale of real estate is obligated to record their adhesion contracts before PROFECO, to prevent them from containing abusive or unfair clauses that put consumers in a disadvantageous situation.

To that end, it is important for you to know the following 10 points that you should take into consideration before signing a purchase contract.

Before signing the contract…

  1. Contract registration. Find out whether the contract model you are asked to sign has been previously authorized by PROFECO. If the contract has been authorized, it should have a registry number and authorization date. You can research Adhesion Contracts at the website: https://burocomercial.profeco.gob. mx/ by entering the contract’s registry number or the seller’s name.
  2. Seller Investigation. It is also highly recommended to investigate whether there are prior complaints lodged before PROFECO against your potential Seller.
  3. Liens. The Seller must provide all appropriate documentation showing clean title to the property, and disclose any liens affecting the same, as well as a full and precise description of the property’s characteristics, area, structure type, facilities, amenities, accessories, parking spots, additional services, among others.
  4. Delivery date. Make sure that the contract specifies the property’s delivery date.
  5. Conventional Penalties. Verify that any established penalties are fair and reciprocal for both parties. There are often cases where conventional penalties apply only to the buyer.
  6. Warranty period. According to the Law, the Seller must provide a warranty for a period of not less than 5 years regarding structural parts, 3 years for waterproofing and 1 year for all the other items of the property. All terms start running upon delivery of the property.
  7. Jurisdiction. The “jurisdiction” clause is the “forum and choice of law” stipulation. It is crucial because it indicates the place where any eventual complaints should be filed and the law that will apply to their resolution. Naturally, the forum and the applicable law should preferably be that of the place where the property is located and not of the place of the Seller’s location, because this would put you in a very disadvantageous position.
  8. Lopsided provisions. Given that these contracts are prepared by the sellers, it is strongly advised that you pay close attention to all clauses imposing obligations and duties to the buyer. We have seen contracts where the buyer is obligated to purchase blinds and other items such as finishing decorations unilaterally selected by the seller and from suppliers that are also unilaterally selected by the seller.
  9. Termination of the Contract. The contract must indicate the termination procedure and the corresponding implications to each party, and given the cause, you must review the terms and conditions regarding refunds.
  10. Down payment. The seller has no right to request any payment until the agreement has been formalized by a written contract, except for any investigation expenses. Taking the previous recommendations into consideration will  diminish the risks of exposure in your real estate investment; however, we highly recommend that you always seek professional legal advice to review and determine the contract’s full terms and conditions and duties to the buyer. We have seen contracts where the buyer is obligated to purchase blinds and other items such as finishing decorations unilaterally selected by the seller and from suppliers that are also unilaterally selected by the seller.

Mariana Lopez-Bustamante is part of the legal team at SANCHEZ Y ASOCIADOS, a Tijuana based law firm that specializes in real estate transactions for foreigners. You can reach them at their office in Blvd. Agua Caliente 10611-507 in Tijuana, call them at +52 (646) 686-4137 or email at mlopezb@scaabogados.com.

Need To Phone The Cops?

Hopefully you haven’t been there yet. And hopefully you never will be.  But if you need to call the police and can’t speak Spanish, this is the app for you. Or, if you’re feeling a little bit apprehensive about living here, this is the app for you. Or if you think your concrete house is going to burn down this is the app for you. Read more

Ensenada’s Restaurant Scene: Il Massimo Cucina Italiana

This week we visited Ensenada’s newest authentic Italian food establishment; it’s a small, fresh and well-lit restaurant called Il Massimo Cucina Italiana, brought to us by owner and chef Massimo Zaretti, born in Rome, Italy, and raised there until his family migrated to California when he was 13 years old.

This is his first restaurant, although he is no stranger to the restaurant business, he grew into the restaurant business as his father was a successful restauranteur until his retirement, and Massimo himself has amassed more than 20 years’ experience working in such prestigious restaurants around the world as the St. Regis in Thailand, the Grand Hyatt in Singapore, the Hilton in Tokyo, The Wolfgang Puck Catering in Vegas and many more.

His cuisine evokes the freshness of the Mediterranean Sea, which is reflected all-around in the classy setting he offers his clients, an ambiance embellished with bright colors and pictures of Italian seas and Rome.

As we entered the restaurant, Massimo opened the door and greeted us, checking in with us and other clients during our dinner.

The wine list offers a small but reasonably priced selection of local wines from our valleys, which Massimo says will be expanding as he gets to know more of the local wines. You can always bring your own bottle of wine by paying a service fee of $8 USD or buy one bottle from his list and he will waive that extra fee for the one you brought.

My wife and I started our dinner with a couple of delicious mini-Caprese appetizers, freshly made pesto and bread that was brought to us, on the house, while we waited for our real appetizers: Tentacolo di Polpo which are octopus tentacles marinated and lightly fried in olive oil, accompanied with fried leek slices. I have tried variations of this appetizer in different places around Baja and I will have to say that these were the best, crispy on the outside and tender and flavorful on the inside.

Since we liked the mini-Caprese we decided to go for a full-size one which traded the halved cherry tomatoes for slices of locally grown heirloom tomatoes and basil, fresh mozzarella and a drizzle of Pesto, very refreshing.

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For main dishes we decided to go with the pasta, choosing the Cannelloni al Forno, which are made-from-scratch cannelloni filled with a mixture of ricotta, spinach and béchamel sauce covered in an incredibly delicious marinara sauce with cheese; you can’t go wrong with these!

We finalized our meal with a Panna Cotta de Rosa, which melts in the mouth leaving a delicious rose aftertaste, and Massimo’s own Tiramisu made with Nutella and banana slices instead of the usual coffee and cocoa flavors.

At the end of your meal, the staff will serve you one of the house’s aperitifs, which depending on what is planned for the day, could be limoncello, arancello or chocolate liquor.

The recently opened Il Massimo is going straight to the top of my authentic Italian restaurant’s list. Not only does this place offers great food at very reasonable prices (entrees go from $9 to $13 USD), but they offer great service, something that is not always easy to find around here.

Il Massimo is open Tuesday to Sunday from 1 PM to 10 PM and is located in Boulevard Costero #987 right next to Subway. Reservations can be made by calling (646) 977-7089. Parking space is available alongside the restaurant.

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