Costa Rica Expertise LLC

And an employer could be just a homeowner

By Garland M. Baker
Special to A.M. Costa Rica

Employers are suffering heavy losses in their labor court battles with employees. Judges are also clobbering employers with hefty awards to the employees to serve as a warning to bosses to stay out of court.

In one labor case, a court decree Friday surprised a retired couple. A judge ordered them to pay thousands of dollars to a guard service. The judge ruled that the proprietor of the service really was an employee and not an independent contractor. The homeowners have contracts between themselves and the guard firm to prove otherwise, but the judge discarded the documents as rubbish.

Read more!

By Garland M. Baker
Special to A.M. Costa Rica

Trusts can save the day in many cases in Costa Rica and avoid lawsuits or arbitration. In cases where litigation has already started, using a trust is a great way to get out of court. Most large development projects in Costa Rica — and small ones too — use trusts as the financial vehicle of choice. Literally, the possible uses of a trust is only limited to the imagination of the creators.

Most people — especially expats — think of trusts as they do wills. They are legal documents full of mumbo jumbo to take care of beneficiaries after one's death. Trusts are much more than this here. They are dynamic legal instruments with many uses.

Read more!

Crooks are getting smarter

By Garland M. Baker
Special to A.M. Costa Rica

A good detective can catch crooks in Costa Rica. The court now voids contracts, deeds, documents and deceptive acts more than before based on mere indications and clues of wrongdoing. Good thing too, because day by day the wicked get worse and believe that they can get away with anything here.

Even expats get caught up in stealing property and other assets that are not theirs because they believe they will not get caught by the law. It is true the judicial system is slow and inefficient at times, but it is equally true the country is striving to make it better.

Legal issues in Costa Rica involving theft and fraud usually form a triangle of players: the victim or plaintiff, the defendant and a third party. For example, in property fraud, the victim represents the true owner, the defendant is the crook, and the third party the person who bought land from the crook.

Read more!

Technique opens up other sources for cash
By Garland M. Baker
Special to A.M. Costa Rica

Can a person or an institution lend money anywhere in the world in any currency and tie up assets here? The answer is yes, and to do so is not hard but a little technical.

Many foreigners would like to buy property in Costa Rica but do not have any credit in this country. Or they would prefer to work with their lender back home.

As the world shrinks, some lenders are looking for ways to lend money to real estate buyers in Costa Rica. But they do not know how to register a security interest here.

Read more!

The ultimate mediation and arbitration
. . . Paul mediates while Peter selects destination

By Garland M. Baker
Special to A.M. Costa Rica

Q. What is the difference between a good priest and Peter at the Pearly Gates?

A. One is a mediator and the other is an arbitrator.

Most people do not know they can pick their own arbitrator in Costa Rica if they know what they are doing.

A mediator is a person who can assist two or more persons to come to an agreement but has no decision power one way or the other if they do not.

An arbitrator moderates disputes but in the end can make a decision as to who wins and who loses.

Read more!