Thank you for the potential trouble points you bring up, Steve.
I've hired a second attorney, who is removed from the transaction and will not benefit if I close or lose money if I don't close. We had a conversation today.
He said he has many foreign clients who he advises to put their corporation who owns the concession property into a Costa Rican trust, with the foreign client the sole beneficiary/decision-maker. To the government, the concession is owned by a Costa Rican entity, the trust. By law, the trust must comply with the wishes of the sole beneficiary. The cost to set that trust up is around $1.5k and the annual fee around $700.
We have something similar here in the People's Republic of California, the tax-happy/regulation hyper-happy paradise that I live in. Right now I have my investments held in a self-directed IRA and then held in an LLC for liability protection and anonymity, so the people who's non-performing mortgages I own don't start calling my personal phone#, or come knocking on my door. I pay the state of CA $800 per year for that LLC.
An attorney told me that I can put everything in a trust, pay a one-time fee of about $2k, and then no other fee after that. California can't look into the trust, or tax the trust. The attorney said that California took a case ligitating that fact all the way to the Supreme Court....and lost. I would need to check out those facts before taking that step. My accountant said taking that step would remove the tax deductions I currently enjoy by deducting my business expenses from my business income.
Regarding the forfeitures of the Bejuco properties, this attorney said there are several reasons why a person might have their concession taken from them:
1. The concession owner didn't comply with the regulations, and didn't pay the annual fee and any other fees.
2. Another reason is that the concession owner did pay the fee, but didn't perform other requirements of the concession lease, one example being they didnt properly maintain the property and allowed it to revert to looking like the jungle.
3. Another reason one could lose their concession is if they didn't build on the property, and only used the property for parties.
4. Another would be they didn't have a 50% Costa Rican partner.
Ultimately, without knowing the facts of each case, all we know is that people in Bejuco lost their concession property. The reason why, probably would need to talk to an official or pay an attorney to investigate.
I will keep posting what my due diligence brings up. I'll have more detailed info when I meet the surveyer, property manager, rehabber, realtor, attorney, et al, starting the next 8 days.
All feedback from Bigger Pockets is good feedback, so if you see a potential blind spot I'm missing, I thank you in advance for letting me know.