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Villagra
was arrested
Aug. 10, 2018
when he tried to
take an
international
flight at the
Juan Santamaría
Airport.
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A.M.
Costa Rica wire
services photo.
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Real estate company owner continue
in pre-trial
jail, ruled
the
judge
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By the A.M.
Costa Rica staff
The Criminal Court in San José
confirmed an extension of
three months of preventive
pre-trial detention for a man
surnamed Villagra, owner of
the real estate company Casas
Vita, for alleged scams
involving 307 house sales.
Villagra was arrested Aug. 10,
2018 when he tried to take an
international flight at the Juan
Santamaría Airport* in
Alajuela. The Public Ministry
had issued an immigration
alert to warn the government
if he tried to leave the
country.
Chief Prosecutor Emilia
Navas justified the action
because there had been
complaints registered against
Villagra. Those complaints
were compiled after several
properties were raided in May
2018.
Navas said that the suspect
was arrested because there was
a risk that he would not
return to the country. "It's
not just a problem of economic
content, it also has to do
with their life projects and
with the right to have a
decent home."
On June 2018, as A.M. Costa
Rica reported, the Civil Court
of Heredia* ruled that
the Casas Vita Company had to
return more than $25,000 for
breaching a contract in a
housing project called Los
Arcos. This was the first of
at least 70 civil suits filed
against the real estate
company.
The lawyer representing the
victims, Mario Valverde, said
the sentence obliges the
company to return down
payments already charged two
clients. Lawyers have
said the sentence is not
enforceable because the
company does not have any
assets that can be seized.
One of the plaintiffs filed
the criminal case after being
told the down payment would
not be reimbursed because the
client broke the contract by
not paying the rest of the
money when the company looked
for him.
Valverde, the legal
representing dozens of victims
who went to the civil and
criminal courts pointed out
the fact that the ruling was
predictable. The time it took
for the court proceedings
could have allowed the
company's attorney to
dismantle his own
organization.
"Casas Vita no longer exists
as a company. It is just a
shell nothing more. They
(referring to the owners)
would have transferred to
other companies the assets,
and now this sentence that we
have in favor of my client
turns out to be
unenforceable," said Valverde.
The lawyer says that similar
sentences will be handed down
since the duration of a civil
process is approximately one
year. Valverde aims to file
criminal proceedings but that
is no guarantee the money will
be returned.
Valverde says that one of his
clients is an 80-year-old
woman who paid $485,000 in
cash for the purchase of three
houses in the Los Arcos
project in Heredia*
but did not receive any of the
houses.
In May 2018, Public
Prosecutor's Office and agents
of the Judicial Investigation
Organization raided the
offices of the company in the
towns of Santa Ana*
and La Guácima*,
the office of a lawyer in the
province of Heredia and two
houses in Santa Ana and San
Rafael in Escazú*.
Authorities looked for
documents and electronic
evidence related to the case.
According to the judicial
agents, the investigation is
being processed and three men
and a woman are suspects.
Apparently the suspects used
two corporations and provided
misleading information to the
clients, who delivered large
sums of money as down payments
for homes, money with which
the company’s operation was to
be financed.
In addition, investigators
said the suspect sold the same
property to more than one
person, generating a double
income from a single asset.
On July 2018, the Ministry of
Economy gave advice to buyers
on how to avoid the housing
fraud, making the following
recommendations:
-Investigate the company or
person who sells the property.
The investigation should
include checking if there are
claims from other clients or
if there are criminal cases.
-Avoid buying on emotion or
because it is an opportunistic
deal or hot sale.
-Being distrustful is a
characteristic that can free a
person from being the victim
of a scam.
-Do not believe everything the
person selling the property
says especially if the sale is
one of unrealistic
opportunity.
-Think about all the
possibilities of fraud before
signing a purchase contract.
-Investigate the background of
the seller or the real estate
firm.
-Investigate the conditions of
the land and the conditions of
public services.
-Go to the Ministry of
Economy, the municipality
where the property is located,
the Federated College of
Engineers, the Public Land
Registry, or even the Ministry
of Finance to find information
about the seller, real estate
company or property.
-Do the research directly. Do
not sign a power of attorney
to another person, or ask
someone to do the research for
you or make the purchase in
your name.
-Take the time to read the
property agreement before
signing and consider reviewing
the documents with a skilled
real estate attorney.
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What other
advice would
you give to
someone to
help them to
avoid housing
fraud?
We
would like to know your thoughts
on this story. Send your comments
to: news@amcostarica.com
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