"An insured expert prosecuted for fraud", the person concerned, Mr Xavier KERLEN who wishes to give his identity, wishes to provide the following details and corrections:
The villa in question, located on the heights of Grand Case, is the property of an SCI whose manager is an American business lawyer living in the United States. RL wanted to sell it for several years via an R agency and for a price of € 1. Not finding a buyer, RL then entrusted the management and rental mandate to a second V.
Following the passage of Cyclone Irma, the villa was largely destroyed: roofs torn, bay windows exploded, devastated swimming pool and gardens, rotten joinery and woodwork, cracked and exploded tiling, damaged furniture.
Agency V received full powers from RL to manage the incident. Agency V mandated XK as an insured expert. Its mission: to assess the damage and present a solid case to the company expert to obtain fair compensation from RL. At that time, XK was already in charge of a large number of Irma disaster cases.
Insured's expert and company expert met at the site on October 19, 2017.
At the beginning of December 2017, Mr. XK proposed to buy the villa in cash at a price of 870 dollars (excluding notary fees). The house was destroyed. As it stood, it was not worth more than € 000. It had to be rebuilt in such a way that it was logical if not legitimate to ask the seller to transfer to the buyer the insurance indemnity to come to finance the work. Otherwise why buy a shack at such a price?
Three days later, RL accepted the offer to purchase XK. RL confirmed in writing from his American notary that he was selling his villa at the agreed price and that he ceded his insurance compensation to the purchaser.
For their part, the two real estate agencies R and V who were co-broking on the sale of the villa estimated that the price of 870 dollars was more than satisfactory.
The sale was to be signed at the notary at the beginning of December 2018, the notary expressly stipulating in his draft deed the assignment of the insurance compensation for the benefit of the buyer.
On May 29, 2018, the two experts signed an agreement report on the damage assessment for a total amount of € 765, of which 672 immediately and € 542 deferred. XK could not therefore know at the time of its purchase offer in early December 676 what the insurer was going to grant.
Agency V never indicated to RL that the insurance compensation would be € 80. These false statements emanate from agency R during the gendarmerie investigation. The figures put forward are ridiculous since they did not even cover the costs of clearing and repairing the roof.
At the beginning of June 2018, XK paid part of the sale price into the notary's accounts and paid the costs. The balance was settled a few months later.
At the end of July 2018, the V agency received from the insurer the sum of € 542 representing immediate compensation. As a result, agency V transferred this amount to the account of the company purchasing the villa of which Mr. XK is the manager.
This sum will be used by XK to finance the reconstruction work on the villa that it had already started in February 2018 with its own funds. XK undertook and paid for the following work: demolition and excavation, painting, new framework and roofing, replacement of windows, bay windows and wood joinery, new electrical panel, new tiling and air conditioners, Added to the costs of a control office of work.
The site was stopped at the end of December 2018 following RL's criminal complaint.
If, as the article relates, it could have appeared to the Court that "the insurance indemnity would in fact have covered the purchase price of the house", it is to forget that part of the price was already paid. at the notary by XK before the insurance pays the RL manager the immediate down payment of 542 €, it is also forgetting that the cyclone villa was not worth much and that it was absolutely necessary to rebuild it, it is also to forget that to collect the deferred of 676 222 € it was on the condition for XK to justify the reality and the completion of the work identically and the invoices paid by it, it is also to hide the fact that XK had already begun the rehabilitation of the house with its own funds long before the agency V gave him the 996 € and it is finally to forget that the purchase price accepted by RL was fully paid at the notary before the villa claim has been completed.
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