Re: they got caught

by slainte39 Sat Aug 30, 2014 11:43 am

The decision is an exercise in semantics, as organizations, corporations, their assets, and the assets of private individuals involved, will disappear like snow on a hot July day.
Then a new batch of mushrooms will appear.
"Es Mexico"

by hockables Sat Aug 30, 2014 12:07 pm

Meet the New Mushroom

Same as the Old Mushroom :)

by Texmexco Sat Aug 30, 2014 12:46 pm

Ms.Thang wrote:Most real estate agents in Chapala work differently than the ones in the rest of Mexico. They put all of the listings into a single data base, co op, show each other's listings, sell each other's listings, split commissions etc...And there is the infamous fixed commission or you can't list in the MLS and all of that.
In other parts of Mexico There is no MLS ( only here in Chapala!) a seller might list their house with six different agents and the commission is agreed upon between the seller and the agent.
So, the agents in Chapala, like Justice Hauser, who did not want to be part of GIL or the RE agents association or whatever it was called, felt like they were squeezed out because they couldn't list their listings in MLS . Now any of those agents could join, no one was excluded , they just didn't want to.

For the record, there ARE a few other MLS systems in Mexico, most notably the one in Puerto Vallarta, which has been around as long or longer than the Chapala MLS. As I understand it, this case began in 2007 and this is the ruling on the final appeal. Possibly individuals can still appeal now that the main case has reached a resolution. I do know of a few smaller real estate offices that wanted to be able to negotiate a commission (and couldn't if part of GIL) OR they could not afford to pay the GIL membership fees, which I hear are very, very high.

by Texmexco Sat Aug 30, 2014 12:53 pm

ChickenLittle wrote:I wondered the same thing. Why wasn't it in the Guadalajara Reporter?

I did an archives search and could not find ANY story EVER on this monopoly/price-fixing suit in the Guadalajara Reporter, not on the initial filing or any of the subsequent appeals (where the guilty rulings were upheld). I found a story in La Pagina (in Chapala) that ran last week, and stories in other Mexican newspapers over the years, but never a word in the Guadalajara Reporter. Pretty sad!

by Ms.Thang Sat Aug 30, 2014 1:39 pm

Texmexco wrote:
Ms.Thang wrote:Most real estate agents in Chapala work differently than the ones in the rest of Mexico. They put all of the listings into a single data base, co op, show each other's listings, sell each other's listings, split commissions etc...And there is the infamous fixed commission or you can't list in the MLS and all of that.
In other parts of Mexico There is no MLS ( only here in Chapala!) a seller might list their house with six different agents and the commission is agreed upon between the seller and the agent.
So, the agents in Chapala, like Justice Hauser, who did not want to be part of GIL or the RE agents association or whatever it was called, felt like they were squeezed out because they couldn't list their listings in MLS . Now any of those agents could join, no one was excluded , they just didn't want to.

For the record, there ARE a few other MLS systems in Mexico, most notably the one in Puerto Vallarta, which has been around as long or longer than the Chapala MLS. As I understand it, this case began in 2007 and this is the ruling on the final appeal. Possibly individuals can still appeal now that the main case has reached a resolution. I do know of a few smaller real estate offices that wanted to be able to negotiate a commission (and couldn't if part of GIL) OR they could not afford to pay the GIL membership fees, which I hear are very, very high.

Yeah, I knew there was one in PV and I wonder why none of those brokers are named...or are they? And why are only the brokers named and not the agents under them?

The article in the OP says they they have 30 days to appeal so it's probably not over yet.
It's just amazing how this has stayed out of the news , the little I remember about it was told to me many years ago by a friend who is named on that main list.
Reading Pedro and Brigitte's comments makes me wonder where the detriment to the public lies in all of this.

by CanuckBob Sat Aug 30, 2014 1:58 pm

These "MLS" websites are private ventures. The one in PV probably doesn't include price fixing practices to list on it like the one here did. This is a potential business opportunity for a webmaster that is capable of building another MLS site for the local agents here to use. Charge a small fee to list on it..........

by ChickenLittle Sat Aug 30, 2014 2:37 pm

Follow the money....who are the big advertisers in the Guadalajara Reporter?

by FMercik Sat Aug 30, 2014 4:15 pm

May I know which, if any, Realtors are not part of the cabal?
Thank you.

Frank Mercik

by Jim W Sat Aug 30, 2014 4:36 pm

Maybe I am misinformed, but wasn't Hauser @ All-in-One instrumental in starting this suit many years ago? As I understand it they wouldn't let him join MLS/GIL because he charged 5% commission?

by ChickenLittle Sat Aug 30, 2014 4:40 pm

You are correct. I saw Justus in the bank and he had a big grin on his face and was celebrating.

by Vandre Sat Aug 30, 2014 8:51 pm

Didn't see Ajijic Real Estate listed but they certainly are players, and members of GIL etc. as noted on their website. Why not listed?

by Guest Sat Aug 30, 2014 10:26 pm

Or Century 21 who I really had problems with and won a law suit against them.

by slainte39 Sat Aug 30, 2014 10:30 pm

Vandre wrote:Didn't see Ajijic Real Estate listed but they certainly are players, and members of GIL etc. as noted on their website. Why not listed?

They are....
Ajijic Property Trust is their corporate name.

by slainte39 Sat Aug 30, 2014 10:33 pm

Osoprehistorico wrote:Or Century 21 who I really had problems with and won a law suit against them.

They are, you just have to know their corporate name rather than their DBA.

by manymoonsago Sun Aug 31, 2014 12:04 am

Looked at the published ruling on the CFC site and it seems that the ruling was made in May, 2014.

by Kiri Sun Aug 31, 2014 9:31 am

Texmexco wrote:
ChickenLittle wrote:I wondered the same thing. Why wasn't it in the Guadalajara Reporter?

I did an archives search and could not find ANY story EVER on this monopoly/price-fixing suit in the Guadalajara Reporter, not on the initial filing or any of the subsequent appeals (where the guilty rulings were upheld). I found a story in La Pagina (in Chapala) that ran last week, and stories in other Mexican newspapers over the years, but never a word in the Guadalajara Reporter. Pretty sad!

The archives are "modified" to eliminate certain results...actual articles previously publish seem to "disappear"...fortunately I have the actual paper of the issue I was looking for...PLAY

by Guest Sun Aug 31, 2014 12:12 pm

slainte39 wrote:
Osoprehistorico wrote:Or Century 21 who I really had problems with and won a law suit against them.

They are, you just have to know their corporate name rather than their DBA.

Their business name is Chula Vista Real Estate. Didn't see that either. Makes no difference. Just curious.

by Ms.Thang Sun Aug 31, 2014 12:41 pm

FMercik wrote:May I know which, if any, Realtors are not part of the cabal?
Thank you.

Frank Mercik

There are a lot of them, too many to list. Justus Hauser at All In One is one of them. They are listed in the Chapala Directory if you have one of those.

by slainte39 Sun Aug 31, 2014 1:30 pm

Ms.Thang wrote:
FMercik wrote:May I know which, if any, Realtors are not part of the cabal?
Thank you.

Frank Mercik

There are a lot of them, too many to list. Justus Hauser at All In One is one of them. They are listed in the Chapala Directory if you have one of those.

Really???...there are that many of them? Didn't the ruling affect 33 organizations, companies, and individuals?
Are you talking about Chapala-Ajijic, or a wider area? Obviously, there are many real estate companies/individuals, in Jalisco, outside of Chapala/Ajijic.

by itsme Sun Aug 31, 2014 3:09 pm

Justus Hauser, to my knowledge, was a complainant and not a defendant.

by ra27 Sun Aug 31, 2014 3:22 pm

This story is covered in LAKE CHAPALA REPORTER---an online publication, paid subscription; No ads. According to this article, the fines total almost 29 million pesos. Largest fines (approx) in pesos: Ajijic Realty 5 million; Fenix 4 million; Coldwell Banker 3 million; Eager 3 million.-----------------As an aside, i recently had the following experience with the other board: On a sunday morning (early) i posted that a new film on alternative cancer treatment could be seen on youtube, no cost (Cancer is Curable Now); within an hour of posting, i received a warning email from a moderator--Spamming??---the post was permanently removed.

by MexicoPete Sun Aug 31, 2014 3:36 pm

itsme wrote:Justus Hauser, to my knowledge, was a complainant and not a defendant.

Yes that is also what I had been told, years ago when this first started

by Vandre Sun Aug 31, 2014 4:00 pm

If you refer back a bit this was the exchange (JH = not a part of the cabal)
Question:
FMercik wrote:May I know which, if any, Realtors are not part of the cabal?

Reply:
There are a lot of them, too many to list. Justus Hauser at All In One is one of them. They are listed in the Chapala Directory if you have one of those.

by Ms.Thang Sun Aug 31, 2014 4:12 pm

slainte39 wrote:
Ms.Thang wrote:
FMercik wrote:May I know which, if any, Realtors are not part of the cabal?
Thank you.

Frank Mercik

There are a lot of them, too many to list. Justus Hauser at All In One is one of them. They are listed in the Chapala Directory if you have one of those.

Really???...there are that many of them? Didn't the ruling affect 33 organizations, companies, and individuals?
Are you talking about Chapala-Ajijic, or a wider area? Obviously, there are many real estate companies/individuals, in Jalisco, outside of Chapala/Ajijic.

Well yeah, there are a lot of agents that are not part of the " cabal" operating in Chapala. It's not easy to figure out from just looking the directory who is a member of GIL or who lists in the MLS and who doesn't, you would have to go to their websites if they have one or call. I'm talking about the Chapala directory, the directory that "Imagine" publishes, not the LCS directory. There are a lot of independent agents , there are also signs on properties around town and occasional ads in La Pagina.

Justice Hauser is one of those agents that is not part of the "cabal", he was a complainant .

by arbon Sun Aug 31, 2014 5:29 pm

Where you have more real estate agents in an area than genuine (HOME) buyers, they are called "Equity Barons".

(or as the bubba dog called it..."a circle jerk")

by Jim W Sun Aug 31, 2014 5:41 pm

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