On advisement from International Living's Ronan McMahon, bought off-plan real estate for a resort that would have been built. Construction was to start on September 1, 2009.
Communication was virtually non-existent with the developers, Terra Brasilis online and Oasis Atlantico, but BLC (the marketing company) kept advising us to make our monthly payments in good trust. Flavio Pinto, the lawyer working recommended to us, became indignant when I asked too many questions.
In good faith (read stupidity) I kept making the payments. We were never notified of delays by the developers. We are out of $24K already, and construction has still not started. E-mails written to Ana Maria at terrabrasilis come returned, undeliverable.
To other readers, don't be as gullible as I am, and be VERY careful - buying off plan is just a bad idea.
flaviopinto
Fortaleza CE,#2REBUTTAL Individual responds
Fri, February 04, 2011
Dear Gullible
It is easy to criticize hidden by a nickname. I always put myself to serve all my clients and answer all questions they make me. Sometimes I receive dozens in just an e-mail and answer all of them. It is easy to see how I work by reading the recommendations in my LinkedIn profile.
Here are some things I can observe from this situation:
There is a general situation of developments in the State of Cear suffering restrictions from government environmental bodies, even after being accomplished all legally required steps and getting all their licenses.
Even following all the legal requirements it takes long time to get licensing, especially for beachfront projects.
SEMACE, the State Environmental Body, together with some State Attorneys who are greener than the environmental law itself, is creating many difficulties to many projects. It makes developers and buyers to lose time but, at the end, the law prevails and the licenses are granted for the correctly projected developments.
Many beachfront projects had suffered delays because of this situation. Some I remember are Aquiraz Riviera and Vila Gal Cumbuco, two of the biggest developments, with 18-hole golf courses, now being successfully built around Fortaleza. Different projects in the beaches of Flexeiras, Guajiru, Canoa Quebrada have been suffering the same situation as Areias Coloridas.
When we proceeded with Areias Coloridas due diligence all the necessary licenses were there however SEMACE understood not to renew one of them. What happened with Areias Coloridas is that even being approved by the due diligence, the State Environmental Secretary did not renew their license this very same institution had granted them before. It is crazy, happened with other beachfront developments too and I believe they will solve it soon.
Areias Coloridas is working to solve it, friendly and I believe that in the courts too. If the developer does not succeed on it anyway the buyer has the right to receive all the money he pays, updated by the INCC monthly inflation rate.
When I suddenly started to receive many worried e-mails from clients, with reason, I immediately contacted Areias Coloridas asking for an official explanation to the clients. This kind of uncomfortable thing have happened here with other developers so I told them that, however understanding they were possiblysuffering some arbitrariness from SEMACE, they must keep a direct contact with all clients, especially foreigners, who are not used with the Brazilian government institutions excessive concern about environment. I expressed my concern with the fact that they did not informed the clients before and asked them to be proactive and fast.
To solve the situation Areias Coloridas released a not so clear e-mail and did not attach the necessary documentation, transferring its obligation to be clear and its work to provide all the information to its clients to agents and attorneys. I still consider the developer skilled enough to build Areias Coloridas but I do not consider the developer used the best strategy to deal with crisis and to communicate with its stakeholders.
I completely disagree with this impersonal e-mail and understand that all companies must have a face, someone the client has direct access. I required them to do not use a impersonal customer relationship e-mail and put at least one personal contact details. They gave me their justifications but I keep considering it not the best way so I provided my clientsthe details I have of some people there so they could contact themto require more information of their contracts and the project.
Even understanding that they are financially, technically and legally able to build Areias Coloridas, I am here to take care of clients' rights so, if you have received the contacts -mails and telephones,feel free to contact these gentlemen with copy to me so I can follow and help.
Last year I participate on a meeting between our State Governor and representatives of the agribusiness, touristic trade and real estate market. There the Governor recognize that SEMACE is really creating many difficulties to companies of these sectors and assumed a commitment to change this situation in his next govern, which already started las january. I believe things will run faster from now on inside SEMACE.
This kind of situation upsets all serious professionals and companies here and bothers local and foreign investors and buyers. However this does not change the fact that Brazilian real estate market is nowadays an excellent investment opportunity. Areias Coloridas is not using the best strategy to solve crisis I can realize butit will not change the fact that a development in that very place between the beaches of Morro Branco and Praia das Fontes can give investors a very good return on their investments.
Finally, it is very easy to prove if I became indignant with the questions you asked me. Just attach the e-mail I sent you with my answers! If I was rude it will be very easy to see it! Or talk with me! A hundred questions may be too many questions for me but you did not make a hundred questions, did you?
I keep here to serve. The Ripoff Report website does not allow me to put mye-mails or telephone in the answers but I am sure you know them and know how easy is to find me or to talk with me. This website even tell us not to put our name but I can not write a thing and not put my name!
I am not that kind of attorney "full of pump and circumstance". I am very easy to find, work in Fortaleza in an firm with 48 years serving clients that are with us fordecadesand am on this business for 23. And I do not work for any of the companies related on your comment. I work for the buyers like you.
Best regards.
Flavio Pinto