Real estate ripoff

I visited Lake Chapala from British Columbia in February, 2016, and purchased a lot. Century 21 in Chula Vista (San Antonio Tlayacapan) was the real estate agency.
Because I was returning to B.C. before the closing date, I gave Century 21 an extra amount to cover the notario, predial and whatever minor unforeseen costs there might be.
The line on my buyer's closing statement from Century 21 says: "Balance in Buyer's Favor: $6,350.35 pesos."
Simple refund my money, right?
Not with this branch of Century 21.
I wrote to them twice asking for a cheque. No reply. I wrote to Century 21's head office in Mexico. No acknowledgment from them either.
So I saw a lawyer, who has contacted Century 21 in Chula Vista several times. She ran into the same stonewall.
Century 21 has my money and, tough taco, they are going to keep it anyway.
Peculiar, to say the least.
It's obviously not a lot of money but if I were in Canada, I'd take Century 21 to small claims courts. And I guarantee, I'd win hands down.
Then I'd ask for punitive damages. Maybe, or maybe not on that score but I'd give it a shot considering their high-handed behaviour with money they clearly owe me.
However, my lawyer in Ajijic tells me it would make no sense to use the Mexican court system for this small amount of debt.
So I'm out $6,350.35 pesos.
You, however, now have my experience to consider regarding Century 21 if you plan to buy or sell property in this area.

The best I have ever received for a return of a deposit was store credit. YMMV

Post your complaint on their Chapala.com forum. Maybe you'd get a few looks before they remove it. Facebook has Lakeside pages you can comment o too. Shame their asses into paying up. As long as you have proof you are owed, and won't be libeling them, post the document with the amount due. You might not get anything but you'll chap 6350.35 Pesos worth of ass.

We have some friends coming down next month and they want to buy a house. Thanks to this posting they will not be doing any business with Century 21. Thanks chuckp.

Maybe you need a better lawyer. Who was the Notario who closed the deal for you? Perhaps he can get it out of them.

I wonder why you did not leave the money with your notary? He's the one supposed to do this for the client. Never the Real Estate.

It's good that you use this forum to advise us. I will remember not to do business with Century 21. I just cannot stand people who don't answer their emails or ignore me. Those who do it are usually hiding something or refusing to be fair. Not good business on a long run. They're doing themselves more harm than good.

Why not go to the office in person? Maybe bring a big biker Mexican with you as a witness.

Clueless suggestion is the best.

CanuckBob wrote:Chapala.Com belongs to Coldwell Banker NOT Century 21.

When you say your lawyer "got the same stonewalling" I assume you mean they sent some e-mails and left some phone messages and got no response? If so, I would recommend they get in the car and drive over there. Mexican businesses are notorious for not responding to either (your lawyer should know that). I had a problem with a rental deposit many years ago and had no response with my inquiries from Canada but when I was in town the next time I went by the office and collected what was owed.

I stand corrected. All the more reason to plaster it on TOB

Notarios handle the paperwork and legalities; they do not handle the finances. That is between buyer and seller, unless you want the realtor to be in control, or to act as an escrow agent, etc. They do that.

Not having a third party to act as an escrow agent can, but not necessarily, be a tricky matter unless there is great amount of trust between buyer and seller.
I would report and ask for help from CAR, the local realtors association, which Century 21 is a member of, as they might be able to help and it wouldn't cost anything. They used to have an arbitration committee to handle these sort of things.

Yes slainte is correct go to the CAR office and the matter will be reviewed and arbitrated. If you are dissatisfied with their findings then maybe there is a tiny bit of blame on your side?