VADIVM.

Asset class

Foreign real estate: where investor claims come from

Foreign real estate is usually recorded in one of three ways. Direct title puts the investor's name on the local land register. Ownership can also run through a local company or fund vehicle. Or it can sit with a nominee or trustee named on the register instead of the investor. Which of these applies decides who can be told to pay, transfer, or unwind the deal. Refusals cluster around that gap.

How ownership is actually recorded

Direct title puts the investor's name on the local land register. Access to that register is not always public, and rules differ by jurisdiction. Where a special purpose vehicle holds the property, the investor holds shares or units in that vehicle, not the property itself. The vehicle's own register can sit in a different jurisdiction again. A developer, fund administrator, or local lawyer often holds signing rights or the underlying documents. That intermediary's file is sometimes the only record of the investor's position outside the register itself. How ownership is actually recorded covers how to check which structure applies to a specific holding.

Refusal types this class produces

A refusal on foreign real estate can take several forms. A developer may stall on a promised buy-back. A fund vehicle may block redemption. A local counterparty may refuse to release title once payment is confirmed. The mechanics differ by structure and by jurisdiction. The case studies on foreign real estate work through these situations scenario by scenario. Where a stalled process turns into an outright refusal to pay or perform, claims for refusal to deliver or refund sets out how that stage is handled.

What investors usually failed to keep

The subscription agreement or reservation contract is usually kept. The annexes defining the vehicle structure are usually not. Correspondence confirming who instructed a change of nominee is often missing. Records showing why a payment milestone was accepted as met are often missing too. Proof of the funds transfer chain beyond the first bank statement is rare. A dated record of the property's registration status at the point the relationship broke down is rarer still. Without these, establishing what was promised and what was recorded takes longer.

What to do first

Verify who you are dealing with before responding to anyone offering to recover the money for an upfront fee. How to verify a law firm takes minutes and costs nothing.

A paid initial assessment reviews the subscription documents, the ownership structure, and any correspondence that exists. It states what the file currently supports and what it does not, before any claim is drafted or sent.

Nour Haddad