Excuses.
A Sri Lankan is a master of excuses, when you are on holiday the person you befriend will be most reliable, he will turn up on time and will do all that he promises to do. (though not necessarily what you really wanted to do) when you are here for a longer time he/they will become less reliable, be it builder or beach boy the excuses for failing to show up/start work or whatever will arrive, often very plausible and usually concerning the health of a family member. I started to hear so many excuses that I wandered where they came from or who thought them up, I jokingly concluded that every town in Sri Lanka has an “excuses shop” tucked away in a little side street, where new or original excuses are bought, if this were true I think some shops in tourist type areas would do very well, I mentioned my witticism about “excuses shops” to some of my European friends who said they would ask the persons who let them down in the future if they had visited the “excuses shop”
Contract.
I can not offer any legal advise on the correct procedure for purchasing land or property in Sri Lanka, There are rules and regulations (as in most countries) as to how land or property should be purchased legally, there are many web sites that offer official advice, there are many lawyers that specialise in property sales and doubtless there are lawyers in many parts of the world that can do likewise. I can not vouch as to the honesty or integrity of such people however as there was a lawyer who prepared the deeds for “my property” and he was far from honest.
I did try to lower my tax burden by buying the land on a percentage share basis with my “friend” (60-40 to me) and paid very hefty legal fees for the lawyers services, however he had obviously been advised as to my “friends” true intentions and acted in his favour. Had their plan to get me deported at a later date (foiled by my getting married) succeeded then all would have been well with them, whether or not the lawyer involved will also face criminal charges is for the courts to decide, my letters of complaint to various legal societies representing lawyers in Sri Lanka failed to get as much as a courteous reply let alone any disciplinary action, I’m sorry to say there is a lot of dishonesty in many walks of life in Sri Lanka and the legal profession is no different, A good honest lawyer is a good find,
However you purchase land you will still be at the mercy of your contractor, builder or friend to get any building work or landscaping etc done at a fair cost and in a fair time, you could consider getting legally binding contracts between yourself and any chosen person employed by you, but even this is no guarantee of success assuming that a contract will be agreed to anyway! if a friend (fellow European for e.g.) can recommend someone who has previously completed good work in good time, use them! Also make it clear that you will not make any final payments until the work is completed, a combination of contract, recommendation and payment conditions is probably best, Contractors are the major cause of Barry's problems.
As previously mentioned it is considered perfectly fair to charge non nationals a higher price than local price, this practice is followed by most professions, trades and general worker, it could be said that it is actually a practice that is encouraged as there are no regulations in place to prevent people massively overcharging. The law here is very pro-local in any monetary disputes, so expect to pay more, trying to get local price by trusting a “friend” more often than not will lead to disaster.
Very important = Keep a Diary!
If you are considering buying property of any description it will pay you to keep a diary of events, start right at the start and include everything related to your search for, and purchase of property and subsequent building work or restorations, it will only take a few minutes of your time and could prove to be invaluable later, if needed it will save much time and will more than payback for the initial effort, Sri Lankan law can be quite exacting and a dispute over a date or other matter could cause expensive delays should legal action be taken later
I got married at Gordon’s wedding hall, there were a few friends of mine and quite a few friends and relatives of my new wife, most had crammed into a minibus for their 40km each way journey, I paid out for a good wedding paying for dress hire, jewellery hire etc, and loads of food and drinks, I even paid the hire charge for the mini bus. As the day was coming to an end I set off to my house and my wife followed in the minibus as the family and friends expect to see the “brides new home”. when I unlocked the family swarmed in and rampaged through the rooms looking into everything opening drawers and wardrobe doors, turning on switches and taps, there was shaving foam all around the bathroom (surly they knew about aerosols) and inevitably things went missing, mostly minor items as I suppose there was no room in the minibus for the TV, I was told that one uncle had got a pack of frozen sausages in his trouser pocket, I was pissed off to say the least but said he’d better keep them then.
I think this is a good example of how many Sri Lankan’s behave, not everyone stole from the house but all had had a good party and free transport and ultimately some were only interested in stealing any thing they could,
The uncle who stole the sausages is upset with my wife because I (the rich Englishman) have not given his poor family any money, he is not aware of my circumstances and that all has been stolen from me but even if I had money he has lost his chance of a little handout
Stole Frozen sausages
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Saman seemed to be playing some kind of game where he agrees to something then changes his mind, I think in order to prolong events! And hopefully run me out of money!,
On one occasion whilst I was trying to resolve the problem the Sri Lankan way by agreement I had to get the land surveyed in order to revert to the original agreement and share the land 60 - 40. Saman and his family were living in the house and resented the survey being done, the surveyor explained that he was legally bound to do the work and if necessary would do the job with a police escort, the work went ahead. I could not really face going into the house because of what I imagined had been done to my belongings so waited outside and sometimes ventured into the cinnamon to check on progress, Saman came to speak to me and said he needed to stay at the house for a few more months as he was selling his other house, (he was trying to delay proceedings as that in turn would invalidate my case if the delay was for more than 12 months) I explained that I needed my furniture and electrical items to sell. At that time I had been told I could get these items as I was in possession of the receipts and they were in my name, Saman replied that I could have the items but he would require 50% of the money raised, I later went to the police in order to arrange an escort whilst my belongings were collected and Saman arrived with his lawyer who told the Officer in charge that despite having all the receipts I had in fact gifted the items to Saman and his wife, consequently I was not allowed to recover my own property, I later found out that the CID as well as being in possession of the deeds had also put court orders on everything and nothing could be removed from the house or storage, however even these measures can not actually stop Saman selling items or substituting older furniture for my new,
Whilst we were waiting for the survey to be completed I left for a short while to get refreshments, during this time my wife was threatened by another beach boy friend of Saman’s, it was this “man” who said that “ ???? boys are not afraid of the police or the CID”
It is ironic that if Saman holds a receipt in his name for an item I purchased that is later in dispute then the receipt is adequate for Saman to keep the item but if I have receipts and they’re in my name then it’s a different story, As I have said in other paragraphs of this blog the law in Sri Lanka is pro local regardless of who is in the right.
Many disputes (mainly between Sri Lankan’s) never make it to court, it is sorted out by the local police and agreement. Once the CID were involved and at their suggestion I tried to reach an agreement with Saman where the property would be sold and the money shared on a percentage basis, we met 3 times and a CID officer was present on two occasions, one being where we did agree. I went to a lawyer and had the necessary agreement written out and fully legal, Saman was even consulted by the lawyer to ascertain his commitment, the legal work was quite expensive and I thought it would be worth it but needless to say Saman and his wife refused to sign the paper, they were trying to delay me from pressing the charges and hoping that I would run out of time to continue,
These are some of the items that have been stolen, receipts are held for all listed items, there are many personal items that I bought with me from UK and other items such as saucepans, cutlery and bedding etc that I can not list or try to recover as I have no “proof” they belong to me, even though one is a photograph of my step grandson. 3 x 6’ teak beds, 6 x teak bedside cupboards, 3 x teak dressing tables, 2 small teak tables, 3 x teak wardrobes, 1 x oval table with 6 chairs all teak, 1 x round table and 4 chairs all teak, 1 glass and teak display cabinet, 4 large teak bedside cupboards, 3 piece suite, 1 glass coffee table, 6 teak chairs, 1 teak wine cabinet, 1 teak TV stand and display cabinet, 2 plastic dining tables, 1 plastic small table and 15 plastic chairs, 6 x ceiling fans, 1 x mixer grinder, 3 x TVs, 1 x fridge/freezer, 1 x cooker, 2 x toasters, 1 x steam iron, 2 x mini bar/fridge, 3 x kettles, 1 x washing machine, 2 x microwave ovens.
There is a Swiss man that I met via our mutual friend “Saman” he likes to listen to very loud music so was looking at buying some secluded house/land, I had more land than I actually needed and the prospect of much needed cash was welcome, so I offered land on the other side of the hill that my house was built on, of course my change of circumstances prevented this and I tried to warn the Swiss man of the dangers of dealing with Saman, there was a language difficulty but the Emails seemed to alert him, he came to Sri Lanka and when I tried to speak to him by phone he passed his phone to Saman, there was somewhat of a party background sound and Saman just took the proverbial, I could do no more than hope the Swiss man "sees the light"
A Swiss woman and her daughter stayed for a fortnight in a bungalow next to the one I was staying in, we obviously talked about various topics and fortunately she was not interested at buying a house or land here, they had a special Sri Lankan friend and his family who was very good (aren’t they all?) and they never gave him or his family money but they did give them gifts, on the 4th day of their stay their “friend” arrived in his brand new three wheeler, a present! OK so it was not really my business, if they were happy with their situation they could get on with it, but it was obvious that they too were unknowingly falling under their friends control, My wife and I had to travel some distance on one day and as we were going by train I thought the Swiss ladies might like to join us, after all the trains here are an experience few tourists get to do, I was quite open about my invitation and their friend was listening, he then said that it was far too dangerous for them to travel by train as there was the possibility of a bomb. Both me and the lady scoffed at this as the “war was over” and there was practically a zero % chance of such an event, besides we are European and can not let such issues limit our actions, The friend then got very irate and said that the Swiss ladies were to go nowhere with us, in fact they could only go out accompanied by him, I was a bit shocked by his attitude and reaction (but should have known better) and the lady was very embarrassed by his outburst, on one of the very rare occasions that the friend was absent she did apologise to me and explained that the friend was worried that I might "take the ladies from him"!!!!
Where the Swiss ladies and I were staying was about 25km from where my land and house had been stolen, the “friend” was later proud to say that he had spoken to Saman and Saman had told him that I had only got married in order to obtain a visa and that I gifted my land and house to them,
The beach boy/ guide network that carry out tourist scams must be very wide with much shared knowledge, as not only does Saman know the Swiss ladies friend (25km) but knows Steve and Kath’s "friend" (40km). All 3 are bad people.
Another couple who earlier stayed in the bungalow befriended their tuk tuk driver and used him for all their excursions, the man was very fond of fishing and had managed to bring all his fishing tackle from the UK, of course their driver took him to various locations to fish and expressed a desire to own a set of tackle, the man obliged and the driver should have been happy but as the time came for the couple to leave he asked for all of the equipment, (being a considerate driver he thought it would save them the bother of taking it back), on top of this he asked for their mobile phones as well, after all they could just get new ones when back in the UK, another example of the “you have it, I want it” attitude
Being Rich, Saman, Visa and Tourist Police
Generally speaking you cant be ROBBED in Sri Lanka as all non residents are considered fair game to be overcharged (surely a form of robbery), if they take personal items from you it is not thought of as stealing, after all you are rich and can afford to lose and replace such items, and why should something have sentimental value, its only worth what it can be sold for, this attitude is prevalent in many areas of Sri Lanka and even the children know. Because of lengthy legal proceedings, crooked lawyers and incredible difficulties many non nationals choose not to pursue any action and this perpetuates the attitude of its ok to rob as nothing will be done, As the government also imposes a 100% tax on non nationals buying land it is sending a message to the natives that all non nationals are rich and can afford extra charges, also official attractions such as Kandy gardens and the Zoo charse tourists 20 times more than locals or residents, (if the government can do it then so can we) locals buying land are only charged a 4% stamp duty but even this is “got round” i.e. a property is sold for 25 million rupees, the paper work will show that the actual house/land was sold for 4 million, the remainder was for extras, furniture, garden plants etc, now the new owner pays 160 thousand stamp duty and not 1 million, the Sri Lankan government must be losing billions in stamp duty from its own people. If you sell your property you cant recover any of the tax paid.
I wander what the attitude of the government would be if Sri Lankan’s living abroad were subject to being treated in a similar manner to how non nationals are treated here, (i.e. if a Sri Lankan in the UK were charged £5 for a loaf of bread) it would certainly cause some major problems in Sri Lanka if the hundreds of thousands currently living all around the world suddenly returned.
We are very rich, The average Sri Lankan and especially those that prey on tourists believe that all Europeans are super rich and can afford to be robbed. No one can afford to be robbed, We all have various amounts of money and being robbed affects us differently. How much is taken balanced against how much you have is critical for some. Those with a large amount of capital and a good income or pension are more likely able to endure theft than others not so fortunate, I was robbed of everything
Despite the apparent believe that all non nationals are infinitely rich, there must be realisation that that is not the case as many of the beach boy type hope that their victim will become low or run out of money, and thereby secure their ill-gotten gains, indeed many non nationals do give in to such tactics in order to avoid wasting more money.
Visa,
There are various criteria for obtaining a legitimate visa to stay in Sri Lanka and there is plenty of information on the internet explaining visa conditions, also there are visa agencies that can help, as with many people obtaining a first visa I used my “friend” to help, after all that was what he promised to do, help me. He knew the language, where to go and what to do, once the first visa is obtained subsequent visas are relatively easy to get. It was only when I needed to renew my visa that I found out my first visa was dodgy, My first visa had a 100% legitimate “stamp” I was told that the signature on it was a forgery (but a very, very good one!) and the reason stated on the visa (Medical) was not a valid reason to enter the country, in retrospect the bigger picture can now be seen, and this was most likely the intention
“they get me an illegal visa, put land deeds in wife’s name, take every penny, report visa violation to authorities and have me deported, then keep everything in the knowledge that they cant be touched”
Tourist Police (wedding)
When we were making the wedding arrangements I was taken to a hire shop that supplied the dresses and the jewellery, when it was delivered my bride decided she no longer liked it, the dress was returned to the hirer only to be delivered back to us again, again we returned it and again it came back, when we finally returned it we were asked for full payment, we offered to pay for the one full day we kept it before the first return, again full payment was demanded and the reason was that we had had the items over a 3 day 2 night period, (as they kept coming back) we took the matter to the police and chose to use the tourist police, the hirer informed the police that she had given us preferential treatment and the dress had been taken away from another who wanted it on the same days and she could have got the full amount from them, (bullshite) needless to say the police found in her favour and no doubt the officer got his thank you
