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IMSS measuring a house after build

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Post by Chapalagringa Sat Oct 22, 2011 7:47 pm

Why, after 19 months of living in the home, paying the IMSS bill are they now coming to measure our house? We've made improvements that did not include IMSS workers but our own labor.
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Post by ferret Sat Oct 22, 2011 8:58 pm

You didn't apply for the finiquito as soon as the house was completed?

You can't register the house to the property without the release from IMSS.
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Post by Jim W Sat Oct 22, 2011 9:16 pm

IMMS sucks....check out Military hospital, or Civil hospital.....both provide care....less cost....and they provide sheets, bedding etc.

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Post by ferret Sat Oct 22, 2011 9:23 pm

Groan!
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Post by Chapalagringa Sat Oct 22, 2011 10:01 pm

We did EVERYTHING we were asked to do. Our IMSS has been paid w/receipts in hand. We paid our taxes on the house. Heck, we didn't have power, unrelated, until WE made them hook up a solar powered system after NUMEROUS attempts and complaints that we had no meter. Power company would say, "free power."

I'm going with Ferret in that we did our part, they'll come and check, and everything will be fine. Slow, slow, slow is Mex I Co! Very Happy

I just wanted to know if they'd come in the house...pooh! Won't know until they get here.
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Post by ferret Sat Oct 22, 2011 10:09 pm

Well, you didn't answer my question about applying for the finiquito immediately when the house was finished. You apply by sending them a formal letter stating that construction is finished...therefore, they need to come and do their thing pronto.

Our accountant did send the official letter but we still waited for nearly a year and a half for them to show up. The reason?...they were so busy shutting down construction sites that hadn't applied for permits and/or weren't paying IMSS that everything legal was delayed. Sigh!...sometimes even when you do all the right things you have to wait.

I'm sure all will be well.
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Post by Chapalagringa Sat Oct 22, 2011 10:36 pm

It's nice to know others have had to wait a long time for the important things. Makes sense then because I don't think we've gotten the finiquito yet and kept asking DH why, why, why are they coming to our house? So yes, according to what you're saying, it'll be our final step! yay! Whew! DH kept telling me I was fretting for nothing, dislike extortion very much and was checking around to make sure this was something normal.

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Post by Rolly Sat Oct 22, 2011 11:08 pm

At the end of a new construction project (maybe way after) IMSS will measure the footprint of the project and use that number to calculate how much money should have come to IMSS. If you have paid in that much, they'll close the project. If you have not paid in enough, they will bill you for the difference.

On my project, we had a lot of unpaid family labor, so we had not paid in as much as IMSS expected. We had a hefty make-up bill.

BTW keep all the receipts forever because you never know when the screwed up IMSS record system will decide you still owe money. They came back after us two years after our project closed. We had all the receipts, so they went away.
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Post by Chapalagringa Sat Oct 22, 2011 11:26 pm

When you say family labor are you speaking of your workers w/uncles and cousins or your own personal family? Our two sons and my husband did a lot of work in the end for which I'm sure there was no IMMS paid for or ?? Everything from retaining walls to enjare. I wonder when they consider the cut off?
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Post by hockables Sat Oct 22, 2011 11:32 pm

does pool construction fall under their scrutiny?
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Post by ferret Sat Oct 22, 2011 11:45 pm

It did with us because it was part of a newly constructed house. I don't know how it works if the pool is built after the house has been built for a while.
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Post by raqueteer Sun Oct 23, 2011 8:44 am

We had an odd experience with our house. It had an addition put on 2 owners prior to us. One day about 6 months after we moved in, someone, presumably from the IMSS turned up and demanded payment. We stated that we had nothing to do with the addition, and sent him off. Another guy turned up maybe a year later, same request, however this time we managed to locate the owner who had done the addition, and who was still living in the area, so we sent him over there. We've never heard a word since.
It is my understanding that one can not sell a house without a finiquito, and some people who used local contractors do not have them. It's an issue to be sure. One which could turn around and bite you when you least expect it.

My question is this, if a Notario sells a house without checking regarding the finiquito, what would be your procedure for protecting yourself from the massive fines which can be levied? Is a new owner liable due to the failure of others to do their job properly?

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Post by CanuckBob Sun Oct 23, 2011 9:03 am

What is the average payment to the IMSS for a new home construction?
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Post by Rolly Sun Oct 23, 2011 9:36 am

CanuckBob wrote:What is the average payment to the IMSS for a new home construction?
The monthly payments to IMSS are a percentage of the payroll of the project.
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Post by CanuckBob Sun Oct 23, 2011 9:47 am

Thanks Rolly. Is it a set percentage or does it change depending on the type of project? Is this something that your contractor would typically factor into his rate and pay on your behalf?
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Post by ferret Sun Oct 23, 2011 10:22 am

Generally, you do not want your contractor doing the IMSS payments. You hire an accountant that concentrates on only that and provides you with documentation that the payments have been made.

Raqueteer...when we picked up our final documents from IMSS in Mezcales, Nayarit, the official there warned us of people who try to scam you by pretending to be IMSS officials after the fact. She showed us the official badges that IMSS authorities carry with them...and she said you NEVER pay any money at the door and you NEVER let them in your house without those official badges. She said, if possible, take a picture of those who say they are representing IMSS...it's an easy scam that some foreigners fall for. Beware.

Edited to add: The purpose of the Finiquito is so that you can then register the house to the property...many people do not want to register the house because their taxes will go up. Now you know questions that you can put in writing and get responses in writing when dealing with a Lawyer...then your butt will be covered.


Last edited by ferret on Sun Oct 23, 2011 10:27 am; edited 1 time in total (Reason for editing : to add information)
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Post by CanuckBob Sun Oct 23, 2011 10:29 am

Good advice however I wouldn't be taking any pictures of people involved in a criminal act. Might make them kick it up from fraud to assault (or worse) very quickly. I shake my head when people are advised to "take pictures" of cops that are trying to collect mordida. That's just crazy IMO.
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Post by CheenaGringo Sun Oct 23, 2011 10:41 am

It seems to me after years of reading these forums, the Finiquito or really lack thereof is a very common problem? No matter how low taxes are, people just have a natural aversion to complying with any regulation that might increase their taxes. I also get the feeling that many contractors simply pocket what should have been paid to IMSS and either figure on being a long way down the highway or that they will deal with the issue if and when it comes up.

I have had a number of stories related directly to me where this issue has come up when someone goes to sell a home and they are suddenly faced with the fact that the Finiquito had never been provided. I have also been told that it can become an expensive proposition getting it straightened out after the fact depending on the approach one takes.

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Post by ferret Sun Oct 23, 2011 1:17 pm

Neil, you are correct in all your statements. It is one of the reasons that it can take months to close on a purchase. Perhaps, when presenting a bona fide offer, people should state that the offer is null and void 1) If the house does not have its finiquito 2) If the house is not registered 3) If employees do not receive their severance pay 4) If all taxes and utilities are not paid up to date 5) If there are any liens on the property. I wouldn't assume that your lawyer will do this for you.

Bob, you are also correct about the picture taking...definitely iffy...but you can sure ask to see those credentials before you let them on the property...and it's not some little wallet sized card either.
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Post by raqueteer Sun Oct 23, 2011 1:38 pm

Thanks for all the information ferret. We were total greenhorns when we came down here, and had no idea. The good part was we didn't speak any Spanish at the time, so had no clue other than some broken english from the gardener. It would never happen today. We have been to the tax department to register a cochera, and have seen all buildings, plus the pool on their records.

One other thing for the rest of the board, make certain that you have a signed and witnesses document in Spanish that your deposit will be returned in full should the deal fall through. Just another scam that has been tried, successfully many times.


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