Showing posts with label real estate. Show all posts
Showing posts with label real estate. Show all posts

Monday, July 25, 2011

Disney makes it to Panama! - sort of...



Panama has become a regular port of call of the Disney cruise ships. Disney Magic holds the record for the highest regular toll paid for passage through the Panama Canal, at $331200

http://en.wikipedia.org/wiki/Disney_Magic

This is the closest we have yet to see a Disney operation being set up in Panama, despite the recurrent story that keeps coming up on the Internet about a Disney resort.



The story first came up in 2006 during the real estate boom. http://primapanama.blogs.com/_panama_residential_devel/2006/01/is_disney_comin.html The then Minister of Commerce Jose Paredes theorized it could be related to the purchase of Hacienda Santa Monica by a group of foreign investors. The Minister mistakenly said that the investors had made a deposit and no further payments, when in fact the investors have been precluded from paying the rest of the price when the seller Wilson Lucom died and the relatives stalled the probate case. And the buyers were not related to the Disney companies.

In 2009 an April 1 "news item" supposedly issued by a non-existent reporter AP called Rodrigo Campos mentioned a Disney park to be located on the Pan-American Highway near the entrance to the resort town of Coronado, the 350 acre park. http://www.panama-guide.com/article.php/20090401154924637

Even a BusinessWeek website http://bx.businessweek.com/foreign-direct-investment/walt-disney-coming-to-panama/6467937499164575937-2516e83dc8dc74e509c929cbbd984b74/ and the El Siglo newspaper were suckered into what was an April Fools joke http://www.panama-guide.com/article.php/20090401154924637

What has become an urban legend or a way of raising depressed real estate prices occasionally makes it back, as the original item remains stored in website cache memories, with some Internet users still believing it...

http://answers.yahoo.com/question/index?qid=20090422161316AASM8lD

http://www.mouseinfo.com/forums/mousellaneous/89052-new-disney-park-according-papers.html

http://www.panama1.com/foros/showthread.php/725-Walt-Disney-Coming-to-Panama-NOT!

http://forums.wdwmagic.com/showthread.php?t=616557

Disney resorts - unrelated to theme parks - do exist in the Caribbean and throughout the U.S.

http://www.kingdom-travel.com/Walt_Disney_World_Resorts/Disney_Caribbean_Beach_Resort.shtml

http://www.kingdom-travel.com/Walt_Disney_World_Resorts/Disney_Saratoga_Springs_Resort_Spa.shtml

This means that those wanting to visit Mickey will need a U.S. visa or travel to theme parks in Europe or Asia.

Wednesday, March 9, 2011

Property Investing in Panama


View a database of carefully selected investment property in Panama


SUMMARY : Panama City is one of the world's least expensive first-world cities. It is also among the most modern and prosperous cities in Latin America with over 3 million people. The city's array of tall skyscrapers is reminiscent of Miami. It boasts incredible shopping where almost any product from the U.S. may be easily found. During the past several years Panama has been consistently rated in the top ten for the best retirement locations worldwide. A welcoming community, safe environment, low crime statistics, excellent incentives for retirees, together with the natural beauty and ethnic diversity that is Panama, all appeal to the increasing number of baby boomers from North America and Europe who are looking for a different option for retirement.

Currency: (USD) Dollar

US Dollar: A global benchmark currency. Little or no exchange rate parity fluctuation against Middle East currencies. The cost of living is significantly lower than that of Western Europe.

Economic climate: The trend towards an open economy and possible trade pacts with such nations as the U.S. and Mexico are conducive to investment in Panama. There are also no government expropriation or interference as in many Latin American countries. A business-oriented government encourages foreign investment. A government that realizes the value of private business to a developing country backs all investment. In 1946 Panama's business-oriented mentality led to the creation of the Colon Duty Free Zone, considered to be the second largest free trade center in the world, after Hong Kong. In addition, the Panamanian government offers foreigners who invest in Panama many attractive incentives such as legal residency and tax privileges.

Capital Gains tax: Since the enactment of Law 8 of 1956, successive legislation has been passed offering tax benefits to developers. It has been widely accepted that, as a result of these incentives purchasers of real property have also benefitted. This tax is applicable if there is a capital gain. This tax is also regulated by Article 701 and applied at a flat 10% rate, whether a corporation or an individual is acting as a seller, on the gain resulting from the price of the sale minus the price of the acquisition by seller, as well as registration, notary and real estate agent expenses. If there is no capital gain on the transfer of a property, the 2% transfer tax, is also paid in advance for the sale, levied on the difference between the price of the sale or an appraised value increased at a 5% yearly rate (whichever is higher) and the price of acquisition by the seller.

Popular investment areas: Panama City has become a cosmopolitan modern metropolis - there are many raise buildings overlooking the ocean and the Bay of Panama. Exclusive residential areas like Marbella, Paitilla, Coco del Mar, Punta Pacifica and San Francisco offer a good range of apartments and condominiums for sale. Suburban residential areas in the former Canal Zone like Amador Heights, Balboa, Albrook and Clayton offer large and attractive single-family homes and condominiums. Casco Viejo -- the oldest city on the Pacific Coast of the Americas -- has become a desirable place for real estate investment, encouraged by the Panamanian government Casco Viejo investment incentives for the restoration of the historic Casco Viejo district. Outside Panama City, there are beautiful real estate properties located in popular destinations including, Chiriqui, El Valle, and Altos de Maria. Known mostly for their cooler climates, incredible flora and quiet peaceful atmosphere, real estate in the highlands of Panama are ideal for those interested in retiring abroad. Bocas del Toro is another popular destination for Panama real estate. Most known for its crystal clear waters, rich Antillean culture, unique over-the-water architecture and laidback tropical atmosphere. In recent times, Bocas del Toro has become a booming center for European and American Expats, as well as an impressive number of tourists. Several of these destinations are also considered Tourism Development Zones, where additional tax benefits are granted to investors in hotel projects. Real Estate Values in Panama and primarily in these Pacific Coast Beach areas has been appreciating very steadily, and as interest and growth increases so to do the real estate values.

Price ranges: The Panamanian government incentives for the restoration of the historic Casco Viejo district encourage investment here, this area reminiscent of New Orleans or SoHo years ago abounds with shells of graceful buildings that are crying out for renovation. Outside of Panama City excellent real estate properties are available for developers and individuals. The more remote the location the more reasonable the cost but be aware that you may be far from utilities or roads. The real estate in Bocas del Toro offers beautiful Caribbean beach property. Here palm-fringed golden sands surround the islands and turquoise waters where the rain forest meets the ocean. Here families shop by boat, enjoy water sports and the natural beauty of this wonderful location - better yet it is still affordable.

Budgetary guide: Prices per square meter in Panama vary according to the location (city, mountain, beach). In the city, you may find prices starting 1000$ per square meter in a new condominium. In the mountain, the price may drop down to 20$...yes this is not typo however in those cases you might want to research the access possibilities to this property. Many areas in the mountains have no road of access and local transportation might not be available. In the beach, prices depend on the zone. An hour away from the capital prices start at 600$ per square meter depending on the quality of the beach and neighborhood.

Service Fees: Fees charged by the Public Notary and the Public Registry which total in the range of $200 to $300 for registering a buy/sell contract for the sale of real estate in Panama.The closing costs vary depending on the particular transaction. For example, if the property is held in the sellers personal name, and the buyer is transferring the property title to a Panamanian corporation (most recommended), then the closing costs would include; (1) the legal property transaction fee of US$1200 (includes; title search, buy/sell contract, closing, & property title transfer service), (2) public registry title transfer fees of approx. US$2.50 per every US$1,000 of the sales price and – if applicable - the mortgage amount, (3) escrow fees from 0.5% to 1% of the transaction amount (vary depending on amount of transaction), and (4) incorporation fee of US$1000 to setup the Panama corporation. However, if the property is held by a Panama corporation already, and the buyer is purchasing the shares of the corporation, then the transaction is relatively simple because there is no registration of title transfer, meaning that there is no title transfer tax, and no public registry title transfer fees. In this case, the closing costs would include; (1) the legal property transaction fee (includes; title search, review of tax liabilities, purchase of shares contract, and closing for US$800), (2) change of directors / resident agent of the corporation (approx. $350), and (3) escrow fees from 0.5% to 1% of the transaction amount (vary depending on amount of transaction).The notary and public registry costs total up to approximately $200 to $300 depending on the particular transaction. Title transfer taxes are by law paid by the seller. Escrow fees (if an escrow company is used), are normally paid by the buyer, and range from one half of one percent (0.5%) up to one percent (1%) of the transaction.

Mortgages: Between 60% - 70% of the purchase price or appraised market value, whichever is the lesser. Interest Rate from 5.5% to 6.5%, plus FECI tax of 1% per year.



For more information go to:
www.slampanama.com
www.pensionadovisa.com
www.strategicpointconsulting.com

Tuesday, August 3, 2010

What foreign investors should know when buying property in the US

Property managers with foreign investor clients (what you should know).
By Mullin, Kevin J.
Publication: Journal of Property Management
Date: Wednesday, July 1 1998

Unless a tax treaty exists between the U.S. and a specific country, foreign owners, including estates, corporations, nonresident aliens, and partnerships, pay a flat 30 percent withholding tax on the rents produced by their U.S. real estate investments. This tax applies unless foreigners' investments are connected with a U.S. trade or business or the foreign owner has made an election with the Internal Revenue Service to be taxed on a net basis. (Having rental income taxed on a net basis after deductions for costs or operations, maintenance, and carrying charges usually results in a lower overall tax for the foreign owner.) On the other hand, U.S. citizens and residents, both individuals and corporations, are not subject to this withholding tax.

This 30-percent withholding tax is calculated on the gross amount of the rents generated by the property without allowable deductions for interest, depreciation, repairs, management and association fees, insurance, real estate taxes, or other expenses of owning and operating the property.

Managers as Agents

Since the IRS has no jurisdiction to collect this tax against a person residing in a foreign jurisdiction, the law generally designates the U.S. person who has the last contact with the money before it leaves the U.S. as a "withholding agent." The withholding agent is charged with the responsibility for paying over the 30-percent withholding directly to the IRS. Failure to do so can result in the withholding agent being personally liable for payment of the tax, plus interest and penalties.

For rental real estate, the withholding agent is typically the property management company that collects the rent from the tenants, pays the expenses of owning and operating the property, and remits the balance to the owner. Unfortunately, the property management company is often blissfully ignorant of the implications and potential for liability that the designation of withholding agent brings under law.

Avoiding the Withholding Tax: Foreign Owners

Because of this potential tax liability, the property manager needs to know with certainty whether its foreign client is subject to the withholding tax or whether the client is exempt from withholding. For the foreign investor, there are two ways to qualify for an exemption from the withholding tax and, instead, pay its fair share of income tax on a net basis after deductions.


Trade or Business. The first way a foreign person can achieve exemption from the withholding tax and be taxed on a net basis is to qualify its real estate operations as being "engaged in a U.S. trade or business." Unfortunately, there is no hard and fast rule for determining when a foreign investor's real estate operations rise to the level of a U.S. trade or business. Instead, the legal test is based on the nature and extent of the foreign investor's activities in the U.S., which leaves the foreign investor looking to various court cases for guidance.

Resolution of one's status as not being engaged in a U.S. trade or business (and thus, subject to withholding taxes) under these cases can be fairly determined if the foreign person's activities are very limited, such as owning one rental property leased on a triple-net basis. Moreover, it is fairly dear from the court cases that a foreign investor will be considered to be engaged in a U.S. trade or business if the foreign investor's activities are considerable, regular, and continuous with regard to his or her properties. For example, owning several properties and being involved directly (or through an agent) in lease negotiations, maintenance and repairs, collection of rents, payment of operating expenses, and performing record keeping, would almost certainly qualify a foreign owner for this classification. However, should a foreign investor's activities fall within these two extremes, it may be difficult to gauge the character of the investment, which leaves the foreign owner and the property manager to guess.

Net Election. Having to guess how a court will decide on the question of being engaged in a U.S. trade or business can be a hazardous way to operate real estate for both the foreign owner and the property manager. By way of relief, the Internal Revenue Code does allow a foreign corporation or nonresident alien individual to make an affirmative election to be taxed as being engaged in a U.S. trade or business, which takes the uncertainty out of the process. To qualify for the election, the foreign corporation or nonresident alien individual must derive revenue from the U.S. investment. Because the foreign person will not otherwise be able to qualify for the election, investments in nonproductive properties, such as raw land, should be leased to generate some revenue, even if the use is merely interim or temporary. In the case of a nonresident alien individual, the real estate investment must be held for the production of income.

To make the election, the foreign owner merely files a statement with his or her federal tax return that identifies that an election is being made along with a schedule of all the taxpayer's U.S. real properties, their locations, and a description of the improvements on the properties. This election is effective for all qualifying U.S. properties for all subsequent years and can only be revoked with the consent of the IRS.

The foreign investor who makes such an election also needs to file a Form 4224 annually with its property manager, which notifies the property manager
that the foreign owner is exempt from withholding tax for that tax year.

Avoiding Withholding Tax: Property Managers

That the foreign investor can elect to be taxed on a net basis is fine, but how is the property management company to know whether its principal is a foreign owner and whether the foreign client has made such an election to be taxed on a net basis, thus relieving the property manager of the withholding tax obligation? Guessing incorrectly whether one is a withholding agent or whether someone is a foreign owner or relying on a false verbal representation will not relieve a withholding agent from its obligations under the law. The best ways to avoid potential liability are:

* Assume that the property manager is a withholding agent in all cases until the IRS certification forms described below are received proving differently; and,

* Use the IRS certification forms with every client as part of the application process to systematize the approach to this issue. Completion of these forms will provide a "safe harbor" for the property manager even if it should later be determined that the owner falsified the forms and that withholding taxes should have been paid.

Property managers should become familiar with the following IRS certification forms, which need to be received from the client prior to any rental income from the property being realized. The best time to obtain such forms is at the time of management contract signing and thereafter as required.

Statement and Form 1078 (U.S. citizens and residents). U.S. citizens and residents should provide a statement in duplicate to the property manager that they are not foreign persons but citizens or residents of the U.S. No particular form is necessary for this statement, but it needs to be in writing and should be signed by the person making the statement. If the client is a person who is a resident alien of the U.S., the client can complete such a statement or can use Form 1078. No withholding is necessary from clients who complete either the statement or Form 1078, but the property manager is required to transmit the duplicate copy of the statement or Form 1078 to the IRS upon receipt.

W-8 and Form 4224 (foreign persons). Nonresident aliens and other foreign persons should complete and deliver to the property manager Form W-8, which certifies that the person is a foreign person. Completion of Form W-8 will trigger a withholding obligation on the property manager unless the foreign person also delivers a completed Form 4224. Form 4224 certifies that the income received by the property manager is exempt from withholding because it will be taxed on a net basis. Form 4224 must be filed with the withholding agent for each taxable year by the owner of the income and before payment of the income to which it applies. Failure to obtain a Form 4224 from a foreign person who claims exemption from withholding may result in denial of the exemption.

New Certification. Effective January 1, 1999, a new, simpler regime for certification will be implemented. These regulations will combine several existing forms used in connection with withholding including Form 4224 into a single, expanded Form W-8. While the new regulations should make it easier for property managers and their clients to comply, the basic system of withholding on income from real property is not being changed and must still be followed.

Other Issues for Foreigners

When acquiring U.S. real estate, there are good reasons why a foreign person should not take title to U.S. property in his or her own name, but rather should consider using an offshore-U.S. corporate structure. For example, a nonresident alien who takes title to the U.S. real estate in his or her individual name is exposed to the imposition of U.S. estate taxes, which can run as high as 55 percent on the fair market value of the property (determined as of the date of death) with very limited deductions. By comparison, U.S. estate taxes can dwarf the income tax consideration.

For foreign corporations that acquire income-producing U.S. real estate directly, a surtax, the 30-percent branch-profits tax, is imposed on top of the regular U.S. corporate income taxes. Accordingly, foreign corporations and nonresident alien individuals who currently own property in their own names should carefully consider restructuring their real estate investments into an offshore-U.S. corporate structure with the U.S. subsidiary owning the real estate directly. In this way, owners can avoid not only withholding taxes, but also U.S. estate and branch-profits taxes.

In spite of these issues, foreign persons often do take title to U.S. real estate in their own names. Thus, property managers should take precautions and seek competent professional advice so that their foreign clients' problems do not become their own.

This article is for general informational purposes only and no action should be taken or withheld based on the information supplied herein. This material is presented with the understanding that the author and the publisher do not render any legal, accounting, or other professional service. In no event will they be liable for any direct, indirect or consequential damages resulting from the use of this material.

Kevin J. Mullin, J.D., C.P.A., has been practicing law for over 15 years with a focus on advising foreign investors on their U.S. real estate investments and international business and tax planning. Mr. Mullin has offices in Denver, Colo., and Washington, D.C. www.intl-taxlaw.com . He also maintains representative offices in Latin America and the Middle East to support his professional and client relationships globally.


http://www.allbusiness.com/personal-finance/individual-taxes/690576-1.html

Friday, December 11, 2009

Real estate agent liability Re: Any recourse?

Objet: Real estate agent liability Re: Any recourse?
À: "panama laws for expats"
Date: Dimanche 8 Novembre 2009, 11h57

http://www.kuluttajavirasto.fi/Page/60662588-3611-4ed9-9ca7-20896bd7df40.aspx#
  • The real estate agent's liability for defects

The agency is not responsible for concealed defects in the apartment

The agent does not have general liability for defects in the apartment, for example damage from humidity discovered after conclusion of the sale or other concealed defects. The seller of an apartment or real estate is liable to the buyer for defects - including the information provided by the agent prior to sale and any defects in that information.
The agent is not liable for e.g. incorrect information on the house manager's certificate, unless the agent had reason to believe that the information in question was incorrect. The seller is liable in such situations.
On the other hand, the agent has a far-reaching liability for the legality and quality of his brokerage work.
  • For instance, if information regarding a humidity defect is noted in the brokerage contract, but the agent fails to disclose this to the buyer, the agent has made a mistake in his work. Under such circumstances the agent is liable for any damages suffered as a result of the mistake.
  • If the agent's work performance is not up to the agreed standard, the customer may request that the commission is decreased.
Get help from the consumer advisor and file a complaint if necessary
If you have questions on any ambiguities regarding the work of real estate agents, contact the consumer advisor. The consumer advisor gives counsel regarding the legislation and rules governing the work of real estate agents and, if necessary, directs consumers forward, for instance to file a complaint with the Consumer Disputes Board.
Disputes over real estate transactions are sometimes unclear as to who is liable for incorrect or incomplete information supplied with regards to the apartment - the real estate agent or the seller. In this case the complaint should be filed against both parties.
Complaints regarding real estate agents may be filed with the State Provincial Office. The State Provincial Office may issue a warning to the real estate agent, force temporary closure of the agency or have them removed from the register of real estate agents. The State Provincial Office may not, however, order a real estate agency to pay damages or compensation.



http://www.ncrec.state.nc.us/bulletin/vol11-2bulletin/courts_rule_on_issue_of_misrepre.htm
COURTS RULE ON ISSUE OF MISREPRESENTATIONS

Summarized below are several recent court cases involving misrepresentations in real estate transactions. These cases illustrate what appears to be the current trend in judicial thought away from the traditional concept of "caveat emptor" (Let the buyer beware) and towards the more modern, consumeroriented philosophy of "caveat licensee" (Let the licensee beware).


WASHINGTON -Summary of Facts: A "listing broker" gave a "selling broker" an incorrect description of the boundary lines of a property. Although information on file with the listing service clearly contradicted the listing broker's statements to the selling broker, the selling broker relied on the listing broker's statements and transmitted the incorrect information to a buyer. The buyer discovered the error after closing the transaction, and subsequently filed suit against both the listing and selling brokers, alleging misrepresentations. Decision: The court ruled in favor of the buyer, stating that the listing broker (although an agent of the seller) was, nevertheless, liable to the third party for the misrepresentations- that the listing broker was also liable for the actions of his subagent (i.e . , the sell ing broker) whom he authorized to transmit the incorrect information; and that the selling broker was also liable because he failed to exercise reasonable care and skill to discover the error.

MAINE-Summary of Facts: A purchaser of a lot filed suit against a seller for fraudulently representing that the lot had been approved for installation of a septic tank; the purchaser made no independent inquiry to determine the accuracy of th 11 representation. Decision: The court ruled in favor of the purchaser ' stating in part that "A plaintiff may justifiably rely on the fraudulent misrepresentation of a defendant, whether made intentionally or recklessly, without investigating the t'ruth or falsity of the representation. Reliance is unjustified only if the plaintiff knows the representation is false or its falsity is obvious to him". (Although the defendant in this case was the seller, the same reasoning would also seem to apply equally to agents of a seller.)


IDAHO-Summary of Fact: A broker had made representations to a buyer which were based upon i'ncorrect information supplied by a seller. The buyer filed suit against the broker for making misrepresentations, but the broker claimed that he was only acting as a "conduit" for information flowing from the seller to the buyer. Decision: The court, in its ruling, stated that "(T)he real estate agent (broker) will be liable to a prospective purchaser if he knew or should have known that the representations were inaccurate or if he could have, by reasonable investigation, determined the accuracy of the representations."


ALABAMA-Summary of Facts: A seller who knew his house had a faulty septic tank did not reveal this defect to his broker. A subsequent buyer of the property filed suit against both the seller and the broker for failure to disclose this defect. Decision: The court ruled in favor of the buyer stating that although the broker did not have actual knowledge of the defect, the broker (as agent for the seller) was obligated to learn about any deficiencies and to inform prospective buyers of such defects.


TEXAS-Summary of Facts: A broker who was selling his own property failed to advise the purchaser that the foundation of the structure on the property had settled and needed repairs. The purchaser subsequently filed suit against the broker/seller. Decision: The court ruled in favor of the purchaser, stating that a seller has a duty to reveal known defects to purchasers. (Although the defendant in this case was a seller, the same reasoning would also seem to apply equally to agents of a seller.)


NORTH CAROLINA -Summary of Facts: A purchaser of a house and lot filed suit against a builder, alleging that the builder had failed to disclose that the house had been built on "disturbed soil" (the house was constructed over a large hole filled with debris and then covered with clay). Decision: The court ruled that "Since this defect in the lot and the house . . . was not apparent to plaintiffs (the purchasers) and not within the reach of their digilent attention and observation, defendant (builder) was under a duty to disclose this information to plaintiffs". (Although the defendant in this case was a builder/seller, the North Carolina Supreme Court held in a related case that a real estate agent would also have come within the rule applied in this case if the agent knew or had reason to believe that the builder had constructed the house on "disturbed soil" yet withheld this fact from the purchasers.)


Although several of the cases cited above were not decided on the basis of North Carolina law, North Carolina real estate brokers and salesmen should be well aware of the principles set forth in all of these decisions: These principles, simply stated, are (1) that a real estate agent who intentionally or unintentionally gives a purchaser incorrect or incomplete information may be held liable for such statements even though the source of the incorrect information was the seller or another broker, and even though the purchaser could have verified the information himself; (2) that a seller and nis agent have an affirmative duty to disclose to prospective purchasers any latent (hidden) defects connected with the property (for example, faulty septic tank, leaky basement, etc.) about which they are aware or should reasonably be aware,- and (3) that although a real estate agent owes his primary loyalty to his principal, (usually the seller), the agent must treat all parties in the transaction fairly.


Furthermore, if a licensee has actual knowledge of material facts regarding a property (or should reasonably have known of such facts), but the licensee fails to disclose these facts to a prospective purchaser, then such nondisclosure may subject the licensee to disciplinary action by the North Carolina Real Estate Licensing Board.


--From information published in the Idaho Real Estatement, California Real Estate Bulletin, Mississippi Real Estate Hotline, and the Washington Real Estate News.

Friday, November 13, 2009

Why property agents should act only for one party

This letter was written by a reader of a Singapore and explains why conflicts of interest do arise when a real estate agent represent both seller and buyer, as is very frequent in Panama.


property agents should act for only one party: Forum
[2009] 04 Nov_ST

Title: Why property agents should act for only one party: Forum
Source: Straits Times
Author:

Legal News Archive

I REFER to last Thursday's Forum Online letters by Mrs Teresa Yao ('How new rules can protect property agents') and Mr Teo Kueh Liang ('Barring same-agent property brokerage not practical').

Both writers have highlighted the plight of the majority of ethical property agents, whose image has been tarnished by a small group of unscrupulous and dishonest agents.

In any profession, it is impossible to completely wipe out the bad hats. Therefore, after an acceptable standard of practice has been established, understood and made into law, non-compliant practices should be punished.

In any property transaction, the two most important parties are the seller and the buyer. They must enter into a legally binding contract in order for the sale to go through. It is therefore natural that we facilitate the interests of the seller and the buyer first.

The interests of the property agent come after those of the seller and the buyer, as his role can come into being only after he has been appointed.

The terms of appointment, that is, what the agent can or cannot do, for example, must be expressedly agreed between him and the one who appoints him, so that there is no ambiguity that leads to future problems.

When the Ministry of National Development puts into law a system for the seller, the buyer and the property agent, it must separately examine the relationship between the seller or buyer and the property agent, from the relationship between the seller and the buyer. If the seller or the buyer chooses to hand the responsibilities over to his agent, he must adequately reward the agent.

To protect his own interests, the property agent should act for only one party and not both.

Patrick Sio



Read also:

Filing complaints against Panama real estate agents
Liability of real estate agents in property purchases

Wednesday, June 17, 2009

Panama Arbitration Panel Rules in Favor of Foreign Property Buyers


A decision from a Panama arbitration panel upholds rights of foreign property buyers against local real estate developers.

Panama City, Panama ---- The Panama Center of Conciliation and Arbitration rendered an interesting decision regarding a purchase contract involving local companies as sellers and U.S.-resident foreign nationals as buyers of an apartment in Panama City. The decision is an exception to a string of abuses committed by local developers against foreign investors.

The economic group which developed and sold the residential apartment project and its individual architect as member of said economic group were condemned indistinctly to pay to the foreign promissory buyers the price of the property plus interest until the actual day of its payment, as remedies for damages caused by the defendants for an unilateral breach of the contract, with bad faith being found in their behavior.

The promissory sellers failed to communicate the promissory buyers when the construction of the project began in order to collect the second installment of the purchase price of a condo unit, as required by a promise contract which only stated “second payment must be made 30 days after construction begins”.

Instead, the sellers disposed of the condo unit and sold it to a third party –when the promissory buyers were on time to make the second payment. The promissory buyers later received a letter from the developer informing of their unilateral decision to end the contract because payments were not received in a timely manner which allowed for early termination. The developer offered to return the deposits only if the promissory buyers signed a liability waiver.

Lombardi Aguilar & Garcia in Panama served as legal counsel for the promissory buyers. The legal team of the firm included Guadalupe Martinez-Casas, an attorney with experience in international arbitration cases before fora such as the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. Ms. Martinez-Casas is a foreign law consultant in Argentine law, who previously served as attorney at the Buenos Aires firm of Llerena & Asociados. She is a graduate of Universidad Latina de Panamá (MBA), Universidad Torcuato di Tella (LLM and Economics), and Universidad de Buenos Aires - UBA (LLB).


About Lombardi Aguilar & Garcia
Lombardi Aguilar & Garcia was created as an alternative for clients worldwide who seek fast, innovative and effective solutions to their legal problems. The firm currently provides services to individual and corporate clients in Panama as well in the Americas, Europe and Asia. Its partners maintain a commitment with professional ethics and social responsibility by participating in the board of directors of groups such as the Panama Bar Association, the German and the American Chambers of Commerce (AMCHAM) of Panama, and the Association of Chinese-Panamanian Professionals (APROCHIPA).

The firm centers its law practice in private client services and asset protection (Private Interest Foundations, Trusts), business structures (Offshore Corporations), tax planning, real estate and e-commerce. It also advices in areas of Law such as Corporate, Commercial, Intellectual Property, Maritime, Tax, and Immigration Law as well as related litigation that may arise.

For more information, contact +507 340-6444, +507 66388707, e-mail aaguilar (at) nysbar.com, or see: Lombardi Aguilar & Garcia http://www.laglex.com/

Keywords: Panama, real estate, property, investment, litigation


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Thursday, April 9, 2009

In Bocas del Toro - Mistaken land identity hell


IN BOCAS DEL TORO
Mistaken land identity hell
03-26-2009 | MARIJULIA PUJOL LLOYD
mpujolstar@ laestrella.com.pa
A couple has bought their land with title, but they still do not have any protection when somebody apparently has the wrong land title

Panama Star PANAMA. Lands disputes between foreigners and Panamanians are becoming quite common, mainly because properties, especially in beauty spots in the provinces of Chiriqui and Bocas del Toro, have increased their value dramatically.
This time a powerful Panamanian family, the Eleta are trying to take part of the land belonging to an English - New Zealand couple.
In letters sent to the Panama Star by Dr Ricardo Rangel and Linda and David Gillingham, they complained that on three occasions the Circuit Judge of Bocas del Toro, Manuel Garcia has tried to enter their farm, located in Isla Colon, with the purpose of measuring their plot and separating the Eleta’s from theirs, although according to the public records it is nowhere near it.
The story began 10 years ago when the Gillinghams bought their land, which was properly titled at the Public Registry. They built a house, a botanical garden and a nursery.
Everything was fine until January 2009, when the Circuit Judge demanded access to their property, to measure and separate a plot from it, although he did not have a warrant.
The letter said that according to the file, Compañia Faustina S.A., which belongs to the Grupo Eleta, represented by the firm Morgan y Morgan, requested an order of separation of the land of the plot 3499, of which incidentally Eleta does not have possession.
Faustina’s the land registration title indicates that the plot was separated from land belonging to Minerva Blacaneaux Quintero and her farm surrounds it.
Blancaneaux’s lawyers asked the judge to stop the process on the grounds that it is impossible to establish boundaries if Faustina did own the land, but he refused to throw out the case.
Surveyors from Faustina and Blancaneaux determined that the land that Faustina wanted to separate was inside the Gillingham’s property, exactly where their house, botanical garden and nursery is and miles away from where the Blancaneaux land is located.
The Gillinghams said that Judge Garcia is planning to enter their property again on March 27, accompanied by the Blancaneaux and Faustina representative, although they have clearly demonstrated that they have possession of the land.
The couple feel that they have been harassed and have invited neighbors, public in general and the media to go to their botanical garden on March 27 at 9:00 to witness the proceedings.

THE ELETA GROUP
The Eleta Group is formed by the powerful Eleta family with commercial interests in media, insurance, animal feed, racehorse breeding, and environmental protection to mention a few.
The group has property all over the country, but especially in the provinces of Chiriqui and Bocas del Toro.
The Eletas are part owners of the television radio network Medcom as well as Cable Onda.
For many decades the powerful Eleta family has exercised a great deal of influence in the country, developing prosperous companies and opening the first television station of the country.
The family is part of the wealthy Panamanian aristocracy and their members are involved in the arts and charitable organizations, but they keep their affairs out of the public eye and prefer to remain anonymous most of the time while directing their empire.
MARIJULIA PUJOL LLOYD

FACTS
The Gillinghams bought their land ten years ago, properly registered, but still that did not protect them against another company’s claim.
The boundaries of Faustina S.A. appear to be wrong, but nobody seems to have noticed that.
On the March 27 the matter will be solved one way or another




Tuesday, November 4, 2008

CNBC covers Latin Fever in Panama


Some people are still bullish on Panama....



Real Estate October 2008

Latin Fever


With real estate bubbles bursting across Europe, investors are heading for booming Latin America, says Sorrel Downer

Sweltering in a battered taxi in the heart of a street market in Panama City, it's easy to forget that this is a top destination for some of the world's most powerful commercial real estate investors. But, owing to the turbulence in the North American and European property markets, Panama, along with Mexico and Brazil, is beginning to look like a safe port in the storm. As European investors look to reduce risk through diversification and higher returns, Latin America is coming under closer scrutiny.

The service, natural resource and manufacturing sectors got the lion's share of the €67bn in foreign direct investment poured into the region last year, but there has been sustained growth in the real estate sector that doesn't look like easing off, and it's real estate that is regarded by many analysts as one of Latin America's best performing assets.

The UK has been slow to go to Latin America. "Sitting here in London," says Thompson, "very few people in charge of funds have Latin America on their radar, mainly because there's very little experience of doing business there, and more interest in Asia and Russia. But people are putting a toe in the water. We're starting in Brazil because of the size and stability, but also looking at places like Costa Rica and Panama - countries where there is genuine wealth, inflation is under control and there's a boom in real estate underpinned by a growing middle class."

Investors see the potential of real estate in Panama City's old quarter, now undergoing renovation, funded partly by foreign capital. But then Panama is full of positive signs: the expansion of the canal, proposals for refineries, and the development of banking, communications, tourism, and call centre industries evoke a certain optimism. Already, there are so many prestigious tower block developments underway along the shoreline of the Bay of Panama that there's talk of a glut. But enterprising investors are finding solid alternatives: financing office developments, for example, sometimes on a large scale such as the €435m 'mini-town' project on a former military base in the Canal Zone for which UK firm London & Regional Properties beat off 16 international competitors; or residential investments in exclusive gated communities and resorts up the coast, on the Azueros Peninsula, and on the Pearl Islands, or retirement communities in the temperate mountains around Boquete.

New arrivals to Panama will find themselves in hot competition with homegrown investors, as well as the North American firms squeezed out from Costa Rica, where land prices have rocketed and prime beachfront land parcels have been snapped up.
http://www.cnbceb.com/ViewArticle.aspx?PageID=1238


More about Panama real estate investments in the Home: World - Panama Buying the Home of your Dreams DVD video from Amazon

Thursday, April 17, 2008

Complaints against real estate agents

Everything is sweet-talk with your real estate agent during the purchase process: endless trips all over the city or the beach, superlatives used to describe everything about the property. You sign in the dotted line, click on that "Send" button for the transfer of funds. Next thing you learn that the property has several defects, you overpaid and - worse - "your" real estate agent all this time was being paid by the buyer to close the deal no matter what. You call the agent to face the music but then he acts as his name in Spanish implies: "corredor" (runner).

The Technical Board of Real Estate is an entity of the Ministry of Commerce which not only grants real estate agent licenses but also deals with complains against agents and those who sell real estate without a license. Complaints do not need to be filed by an attorney but they need to be in Spanish http://www.mici.gob.pa/bienes_tramites.php#cinco, so a translator is needed.

Accredited agents are listed online, although with some delay http://www.mici.gob.pa/bienes_doc.php

A Code of Ethics was enacted in 2001 (CODIGO DE ETICA DEL CORREDOR DE BIENES RAICES. RESOLUCION Nn 092-2001. (De 28 de Julio de 2001) http://www.unacobinpanama.com/doc/codigo_etica.pdf http://www.acobir.com/publicaciones/documents/Codigo%20de%20Etica%20de%20CBR.pdf which deals with several restrictions on agents.

The two real estate agent associations, ACOBIR and UNACOBIN, also take complaints against their members as a reason for expulsion, which will not get any money back but serves as a moral penalty.

Final note: There is no law which says that real estate agents must get paid 5% commission. The market rules.

Monday, January 21, 2008

Registering property in Panama

The World Bank Doingbusiness site has surveys which examine the steps, time, and cost involved in registering property in Panama.

STANDARDIZED PROPERTY
Property Value: 244,500
City: Panama City

Registration Requirements:























































No:ProcedureTime to complete:Cost to complete:
1*Obtain a non-encumbrance certificate at the Public Registry Office2-3 days (simultaneous with procedure 2)$30
2*Obtain a certificate of good standing from the General Cadastral Office15 days (simultaneous with procedure 1)$5
3A lawyer prepares the sale agreement2 days$ 200 (lawyer’s fees)
4Payment of the Transfer and Capital Gains Taxes 2 days2% of property value transfer tax + 10% capital gains tax
5Notarization of the sale agreement and preparation of the public deed2 days$100
6The public deed is filed and recorded at the Public Registry Office under the name of the buyer7-10 days 0.25% of property price (registration fee) + $5 for filing + $10 for analyzing the document
7A copy of the recorded deed is filed at the Cadastral Office to record the new buyer and the new value for tax purposes 15 daysno cost








* Takes place simultaneously with another procedure.


Procedure 1.
Obtain a non-encumbrance certificate at the Public Registry Office
Time to complete:
2-3 days (simultaneous with procedure 2)
Cost to complete:
$30
Comment:
Parties
obtain a certificate of non-mortgage and non-litigation before starting
the transaction. This certificate is obtained at the Public Registry
Office.
Procedure 2.
Obtain a certificate of good standing from the General Cadastral Office
Time to complete:
15 days (simultaneous with procedure 1)
Cost to complete:
$5
Comment:
The
seller must obtain a certificate of good standing with the cadastral
value from the Treasury, which relates to the property tax to be paid
by owners. This certificate can be requested by any third party
interested, and must have the lot number and the page number (document
number), issued by the Public Registry Office. Note that land with a
value under $30,000 is property tax exempt. Property Tax may increase
as high as 2.10% annually based on the cadastral value.
Procedure 3.
A lawyer prepares the sale agreement
Time to complete:
2 days
Cost to complete:
$ 200 (lawyer’s fees)
Comment:
A
lawyer usually prepares the sale agreement (it can also be prepared by
a real estate broker). In any case, the sale agreement -called the
Minuta- needs to be stamped by a Panamanian lawyer prior to being
executed in a public deed. The sale agreement should mention that there
are no mortgages or limitations on the property. The documentation
shall include: Non-encumbrance certificate (obtained in Procedure 1)

Procedure 4.
Payment of the Transfer and Capital Gains Taxes
Time to complete:
2 days
Cost to complete:
2% of property value transfer tax + 10% capital gains tax
Comment:
Prior
to filing and recording the public deed at the Public Registry Office,
the Transfer Tax should be paid (if it’s not exempt by any particular
reason established by law) at the Ministry of Economics and Finance, by
the seller. Transfer tax: 2% of the price of the transaction or the
cadastral value, whichever is higher. There is no VAT in Panama for
transfers of property
As of 7/2006, at this time the seller must also pay 10% capital gains
tax, regardless of how long he has owned the property.
Procedure 5.
Notarization of the sale agreement and preparation of the public deed
Time to complete:
2 days
Cost to complete:
$100
Comment:
The
notary notarizes the sale agreement and prepares the public deed. All
transfers of property must be notarized or made into a public deed
before filing for recording at the Public Registry Office. The
documentation shall include: Sale agreement (prepared in Procedure 3)
Receipt of payment of the transfer tax (obtained in Procedure 4)
Certificate of good standing with the cadastre (obtained in Procedure
2)
Good standing certificate with water utility services (show that
payments are up to date)

Procedure 6.
The public deed is filed and recorded at the Public Registry Office under the name of the buyer
Time to complete:
7-10 days
Cost to complete:
0.25% of property price (registration fee) + $5 for filing + $10 for analyzing the document
Comment:
The
public deed is filed and recorded at the Public Registry Office under
the name of the buyer. The registration fee is paid at the National
Bank in favor of the Public Registry Office. The bank has a branch
inside the registry office. Since 1999, there has been an optional
expedited procedure in which one can obtain registration within 24
hours, at an additional cost of $250 though not many people choose it
because it is rather expensive.
The documentation shall include: the notarized public deed (obtained in
Procedure 5).
Procedure 7.
A copy of the recorded deed is filed at the Cadastral Office to record the new buyer and the new value for tax purposes
Time to complete:
15 days
Cost to complete:
no cost
Comment:
A
copy of the recorded deed should be filed at the Cadastral Office to
record the new buyer for tax purposes as the new person responsible for
the payment of the property tax. This should be an internal procedure
after Procedure 6, but in fact, the buyer needs to do it in person so
far. The buyer picks up the certificate of good standing with the new
name and value at the end of the 2 weeks.

Full text in http://www.doingbusiness.org

Sunday, January 20, 2008

Panama mortgages reach the $4.85 billion mark

Panama financial weekly Martes Financiero www.martesfinanciero.com

features a series of articles on real estate. Interesting numbers
tell us that:
* The first half of 2007 closed with $4.85 billion in mortgages, led
by Banco General ($0.98), Continental ($0.59, later acquired by
General), HSBC ($0.55), Banistmo (acquired by HSBC), and Banco
Nacional ($0.51).
* They are followed by Caja de Ahorros ($0.45), Scotiabank ($0.20),
BBVA ($0.18), Banvivienda ($0.17) and Credicorp ($0.09).
* Risk analysts point out that banks have increased their mortgage
exposure from 15 0/0 in 2003 to 21 0/0 in 2007.
* S&P analyst Angela Bala says that condo prices have reached very
high levels based on speculation from sale to foreigners, so Panama
banks face the risk of a "possible" mortgage crisis.
* These priced are not based on a local buyer who is unable to pay
$3000 per square meter.
* Despite the real estate boom, Panamanians face a housing shortage
of 160 thousand homes, down from 178 thousand in 2006.
* A square meter of Pacific beachfront costs $2,300.00.
* Investment by developers in Altos del Maria is of $20 million.
* Investment by developers in Malibu will be of $400 million for 1200
houses and 800 condos, with 80 o/o destined to the foreign market.
* In San Francisco, the price of a square meter of land ranges
between $800 and $1500, while in next-door Parque Lefevre they range
between $200 and $900. Middle-class Pueblo Nuevo has parcels between
$80 and $120 a square meter.
* The 2004 Panama Structure Regulations increased the anti-seismic
features - along with the cost - of high-rises.
* Monthly salaries of construction workers range from 2 times the
$300 minimum wage to $1200.
* Inmobiliaria San Felipe has 83 shareholders and has restored 50
apartments and 13 commercial spaces in Casco Viejo, for $6 million since 1995.
* Inmobiliaria San Felipe has 30 proyects in the pipeline and is
planning its IPO.
* The price of the square meter of land in Casco Viejo has increased
from $1000 to $2400, due to the demand from foreigners.
* Foreign competitors entering the market are Shyreen Deer Company
under Kurt Kisto with a $30 million investment in units of $50K and
Adsum Group with an $18 million office building sold at $2,200-2,600/
square meter.
* Only properties with occupation permits registered before August
31, 2007, qualify for 20 year property tax exemptions. Others have
lower tax holidays of 15 years or less.

The full text is available in

http://www.martesfinanciero.com/history/2007/09/04/index.shtml

Wednesday, January 16, 2008

Requirements for the Solvency Visa

Before buying that expensive real estate hoping to get a Self-Solvency visa, the foreigner must comply with one of the following options:

1) a time deposit account, in his name, with a minimum of two years extendible time deposit in a local bank and a minimum amount of Two Hundred Thousand American dollars (US$200,000.00). This time deposit must be mortgage free. The fulfilment of this requirement must be verified by means of a letter issued by the bank where the time deposit is registered, and the time deposit number must be certified; also the time period of the deposit must be specified. Additional to the above, an authenticated copy of the time deposit certificate or agreement by the bank, must be attached or

2). The ownership, within the national territory of a mortgage free real state property in the amount of Two Hundred thousands (B/200,000.00), or

3). The ownership, within the national territory, of a real state property in the amount of Eight Thousand Dollars (B/80,000.00), plus a two year time deposit in a local bank, with the minimum amount of One Hundred Twenty Thousands (B/120.000.00). This will be proved by the means of a Public Register Certification of the property in behalf of the petitioner and a letter issued by the bank where the time deposit is stating that it is pledge free, the time deposit number, and length of time. Additional to an authenticated copy of the time deposit, a certificate or agreement by the bank must be attached.

Owning a property through a corporation, private foundation or other entity - or buying any property with a mortgage - does not qualify for a Self-Solvency Visa.

This is the official list of requirements, as posted in http://www.migracion.gob.pa/eng/service_popup.php?id=3 on January 15, 2008:

Immigrant Visa and Residence Permit due to Personal Economic Solvency








To grant an Immigrant Visa and Residence Permit due to Personal Economic Solvency for a foreigner or family group that wants to immigrate. CODE: VISEP.

This immigrant’s visa and the corresponding resident permit can be requested by a family group that wants to immigrate all together and establish their permanent residence at the Republic of Panama. The family group must prove that they have, and bring along with them into the country, the proper economic means to support the family expenses such as housing, food, education, health, transportation and so on. This visa can only be requested by a family composed by: a) a couple (formally married and with a marriage registered in the Republic of Panama). b) The parents of the principal requester. c) Under age children; d) Single children over 18 years old but under 25 years, regular students attending high school or university studies can’t apply to this visa, brothers or sisters, over legal age married children, nor brother or sister in law or cousins.

Important: If any of the members of the family group is going to arrive to Panama afterwards, then this individual has to do it after the request of immigrant’s visa was granted to the family. In this case, the person must request an Immigrant visa as a dependent of a family resident.

Processing time frame: 2 to 4 months

REQUIREMENTS:

Foreigner
The costs of the carnets will be paid by the interested party as well as the B/10.00 fiscal stamp for those foreign citizens that require a visa.

Power of attorney and request by means of a lawyer: The Power of Attorney must be presented before a Public Notary or personally before the Directorate of Migration and Naturalization by the visa’s applicant (if it is only one person) or by all the components of the family group over 18 years old (head of family and dependents). This must show the complete general information of the interested parties, including full name and parent’s nationality. In addition, the petitioner must specify all the general information of the lawyer of the applicant and dependents, including office’s address, domicile at the Republic of Panama, telephone numbers and e-mail. Also the complete information of the attached checks must be given (check number, drawing bank’s name, date and amount), list and enumerate the attached documents and quote the facts and legal fundaments that sustain the request. The power of attorney, as well as the request must be stamped or sealed with B/. 4.00 per page. ]

Certified or cashier’s check in the amount of B/ 100.00 in favour of the National Treasury.

Certified or cashier’s check in the amount of B/. 500.00 in favour of the “Ministerio de Gobierno y Justicia” (Ministry of Government and Justice) as a repatriation’s deposit [applicable to persons older than 12 years]

Good Health Medical Certificate [: issued within the three (3) months prior to the presentation date (it must have date, signature and seal with the doctor name, including the code and register number of the physician.]

Penal history and police record issued by the previous country or residence country within the last two years, ( if the interested party has been in Panama for the last two or more years on a consecutive time, this document will not be necessary).

Passport of the country of origin [... with a minimum of six months validity time]

Complete copy of the passport [.of all the applicants]

Two (2) Carnet size photo [...of every one pertaining to the family group dated (no hats or veils and front face and up dated]

Relationship’s evidence [.Marriage certificate and /or Birth Certificate of every children to whom the visa is requested, according to the case]

Letter of responsibility from the married couple: [... or the spouse that claims to be the head of the family and income provider, which will allow the members of the family to support their basic needs such as a home, food, education, transportation, health expenses and so on. ]

Visa Request: [... To apply for this visa, the foreigner must comply with one of the following options: 1. a time deposit account, in his name, with a minimum of two years extendible time deposit in a local bank and a minimum amount of Two Hundred Thousands American dollars (US$200,000.00). This time deposit must be mortgage free. The fulfilment of this requirement must be verified by means of a letter issued by the bank where the time deposit is registered, and the time deposit number must be certified; also the time period of the deposit must be specified. Additional to the above, an authenticated copy of the time deposit certificate or agreement by the bank, must be attached or 2). The ownership, within the national territory of a mortgage free real state property in the amount of Two Hundred thousands (B/200,000.00), or 3). The ownership, within the national territory, of a real state property in the amount of Eight Thousand Dollars (B/80,000.00), plus a two year time deposit in a local bank, with the minimum amount of One Hundred Twenty Thousands (B/120.000.00). This will be proved by the means of a Public Register Certification of the property in behalf of the petitioner and a letter issued by the bank where the time deposit is stating that it is mortgage free, the time deposit number, and length of time. Additional to an authenticated copy of the time deposit, a certificate or agreement by the bank must be attached.]

Provide proof of the amount and source of income that will support the petitioner’s general expenses and of his dependent(s).

Legal Base:
Article 1, paragraph 6, articles 24, 25, and 26 of the Law Decree No.16 of 30 of June of 1960, and Executive Decree No.52 of February 19 of 2003.

Monday, January 14, 2008

Panama City Office Market View


CBRE Panama has an interesting report on the office building market with numbers from the 2006 market:

Panama has experienced a strong recovery and real estate market activity has rebounded in 2006.

Although a significant volume of new Class A buildings were delivery to the market in the first quarter of 2006, lease rates and sales prices have remained relatively stable and are expected to increase once the available space is absorbed.

Construction activity remains strong in the residential market, but has slowed the price in commercial spaces. Panama is steadily positioning itself as a top second home or retirement haven for foreigners within the region. The positive result of a nationwide referendum about the ambitious Panama Canal expansion project has attracted the attention of international companies for related business and offshore relocations.

Furthermore, economic growth projections accounting this project are 2% higher than former estimates.

The Class A office buildings that have been delivered on the first semester, doubling the existing stock have been relatively fast absorbed.

At present, there are few buildings in construction, and in planning stage.

Although inflation and oil prices increased since last year, the Panamanian economy grew of 6.5%.

Panama maintains the best performance of Central America in Foreign Direct Investment (FDI) for the fifth consecutive year, and figures among the top 10 recipients in Latin America.

The overall economic growth in fueled by and increase in tourism, exports of non-traditional products, Free Trade Zone at Colon, and the Panama Canal project expectations.

The construction of the Port of Farfan and the reopening of the former military airport of Howard, both located in the Panama Pacific logistics zone at the west of the city are starting. Dell and other tenants already out of this area, and Singapore Technologies Aerospace is establishing an aircraft maintenance facility. Call center activity, plenty of fiscal incentives, is also strong, and now complemented by back office facilities coming offshore.

Given the current stable political and economic conditions, prospects for Panama�s office market remain positive.

Things may have changed in 2007 but the outlook remains positive. The full text of the report can be downloaded from http://www.cbre.com.pa/PDFs/Panama3q06Ofc-Eng.pdf

Monday, December 17, 2007

South of the Border,The Market's Still Hot

South of the Border,The Market's Still Hot
Americans Find Second-Home Boom Endures; Wildlife in the Neighborhood
By JUNE FLETCHER
December 14, 2007; Page W12
The housing slump has sent many Americans shopping south of the border.
Existing-home prices in the U.S. dropped 4.5% in the third quarter from a year ago, according to S&P/Case-Shiller. But they are still climbing in much of Latin America and the Caribbean.
1 SOUTH OF THE BORDER

Interactive map:
2 Waterfront homes are cheaper in Latin America, but closing costs are different than the United States.

Buyers are being enticed by the kind of double-digit appreciation that has all but disappeared in the States. In addition, a growing number of new developments are targeting Americans looking for good deals and a lower cost of living.
Since 2003, annual home-price appreciation has been running at 20% in the Dominican Republic, and could reach 50% in the near future, according to Boomerang Unlimited, a Napa, Calif., real-estate investment advisory firm. In San Pedro, Belize, the average price of a 2,200-square-foot home was $697,500 in September, up 18.6% from a year ago, according to a study by Coldwell Banker; the price of a similar property in San Jose, Costa Rica, was up 20.7%, to $389,900, the study said.
Prices remain low compared with those in the U.S., particularly for waterfront properties. Because Americans generally buy and sell properties throughout the region in dollars, not the local currency, home prices don't fluctuate with the various exchange rates, as is the case in Europe. What's more, the dollar generally buys much more house in these countries than it does in the U.S., because labor and land are less expensive.
LIKE FLORIDA IN THE '50s
Still, the rapid appreciation is drawing growing numbers of bargain hunters, making good deals scarcer and causing some customers to look beyond the usual vacation hot spots. In the Dominican Republic, Century 21 broker Dean Brown says that 80% of his buyers this year have been Americans, compared with half last year. Softec, a real-estate consulting firm, says in the past three years, investments in vacation homes in Mexico, primarily by buyers from the U.S. and Canada, have shot up by 60%.
Americans' appetite for investment opportunities is helping to spur a building boom in some areas. In Panama, 170 residential-building projects are under way, mostly marketed to Americans, and 100 more are in the pipeline, according to Panama Legal, a law firm based in Panama City. Among them, a 1,500-acre resort and marina by Naples, Fla.-based developer Todd Gates. The project, on Isla del Rey, one of the Pearl Islands near Panama City, is slated to open in 2009 and will have condos, villas and single-family homes ranging from $275,000 to $1.4 million. "It's like Florida was in the '50s," Mr. Gates says.
Some buyers are buying sight unseen. Shams Deitrick, a Walnut Creek, Calif., financial adviser, recently bought a furnished, two-bedroom "ocean view villa" for $375,000 in Canto del Mar, a new 35-unit development in the southern Costa Rica town of Dominica; the project has already sold out. "All I saw was the Web site, which showed a sloth 30 feet from the unit, and monkeys everywhere," Mr. Deitrick says.
He snapped up the home on the advice of a gym buddy, who said his own Costa Rican properties have quadrupled in value over the past four years. Although Mr. Deitrick isn't looking forward to the daylong flight to Dominica when he visits for the first time in February, he says he's glad he bought the property: "It just doesn't make sense to buy in the U.S. right now."
BARGAINS, WITH TRADE-OFFS
Preston Thompson, a retired Clearwater, Fla., hospital administrator, hopes to make some money in the Dominican Republic as a "serial renovator," moving into homes, fixing them up, and selling them. In July, he bought a 2,100-square-foot house for $265,000 on the beach in Cabarete, quickly added $50,000 worth of improvements, and put it back on the market for $489,000. If the property sells, he and his wife plan to repeat the process.
Getting the house ready to sell hasn't been as easy as he anticipated, however. Subcontractors were hard to find -- only one firm in Cabarete (population about 15,000) could do granite countertops, for example -- and the quality of their workmanship was "hit or miss," Mr. Thompson says. Worse, neither he nor his wife speaks Spanish, which made communicating with the workers difficult. He's also concerned that Americans may be turned off by local health-care facilities, which he says are very modest. For all of its current popularity, he says, the Dominican Republic is essentially still a developing country. "You have to put up with inconveniences," he says.
Earlier this year, Geoff Folsom, a Thousand Oaks, Calif., businessman, bought a 4,500-square-foot oceanfront penthouse, with its own private swimming pool, in Trump's Ocean Resort in Playas de Tijuana, Mexico, a 30-minute drive from San Diego, Calif. He paid $3 million for the property, about half the cost of similar resort units he looked at in the States. Property taxes and maintenance costs are lower than in the U.S., too.
There are trade-offs, he says. The mostly undeveloped area outside the development's gates has few restaurants and hotels, and Mr. Thompson is concerned about recent news reports of armed robberies on nearby roads. Still, he anticipates that, as the area develops, appreciation rates will exceed anything he could get in the U.S. "You get so much better value south of the border," he says.
There are additional downsides to buying in this part of the world. The weather can be violent and unpredictable: Last month Hurricane Noel slammed the Caribbean, causing floods and mudslides, and leaving 147 dead. And insurance to protect against natural disasters, including earthquakes, may be impossible to obtain.
In addition, many foreign real-estate brokers are unlicensed and don't necessarily adhere to the business standards that Americans expect. Some, for example, encourage sellers to raise their asking price after American buyers have made a full-priced offer, even if no other bidders are involved.
Plus, not every place is a boom town. Seasoned real-estate brokers say that to be successful, developments need at least some amenities and should be within an hour's drive of an international airport.
Cuxlin Ha, an 80-unit riverfront retirement community in Punta Gorda, Belize, near the Guatemalan border, is about 300 miles from the closest international airport, although a small "air taxi" airport is eight miles away. On the development's Web site, house hunters are warned that "this is not an area that promotes exciting night life and wild times (unless you're a jaguar or a howler monkey)." Buyers apparently have taken the hint: Although a three-bedroom, fully-furnished 1,350-square-foot home sells for only $100,000, only two buyers have stepped up since the project opened two years ago. "People want a more touristy area," says Bob Prehall, the Roseburg, Ore., broker who's selling the project.
But if a place does draw tourists, Americans are willing to travel long distances to buy there. Shaun de Jesus, a San Francisco derivatives sales manager, bought a three-bedroom condo in Punta del Este, Uruguay, three years ago for $120,000, then got a distress-sale deal on a two-bedroom condo in the same town for $90,000 six months later. On the southeast coast of Uruguay, about 90 miles east of Montevideo, the beach town -- which has its own international airport -- has a year-round population of 7,300 that swells with vacationers in the hot months of December and January.
Since he bought the properties, Mr. de Jesus received an offer of $150,000 on the first unit, and $170,000 on the second. But he's not selling. Even though he gets down to visit only two times a year, he says he is pleased with the units' low maintenance costs and the high rents they pull in when he's not around. In fact, he's now looking for another good deal. "If something comes up, I'll jump on it," he says.

Friday, December 7, 2007

Useful Tips on Buying Property in Panama

Your tax dollars at work: The US Embassy publishes a guide with common-sense information for those buying land in Panama. Unfortunately, many do not follow these tips and loose money when they leave common-sense at home.

Panama Information - Purchasing Property

Useful Tips on Buying Property in Panama

February 2006
INTRODUCTION AND SUMMARY. The following is general information on purchasing real estate in Panama. It is not to be construed as legal advice. The different categories of land make it imperative to engage professionals for more detailed information. Real estate laws on the mainland can be quite different than those on islands, coastal areas, and areas near national borders.

Before handing over any money, make sure you consult with a professional and do a proper due diligence investigation over the property to ensure you aren't buying a big problem! It is important to understand the rules and process your property transaction correctly.

Panama has three different types of property;

Titled Property

Titled property is not unlike "fee-simple" titles in the USA. The Panamanian Public Registry has jurisdiction over the registration of titled properties throughout the country. Titled property is verifiable through the Public Registry system and is guaranteed by the constitution of the Republic of Panama. Titled property can also be mortgaged. The bank will register a lien against the title as collateral on the loan. Titled properties are subject to annual property taxes when the registered value is over US$30,000 unless the buyer has obtained an exemption for the construction of a new dwelling. This is a pro-rated tax exoneration based on the value of the dwelling. Buying titled property normally requires the following procedure:

1. Promise to Purchase Contract: A small down payment is made at the signing of the promise to purchase contract. The down payment secures the property and establishes time for the title search and to coordinate payment arrangements for the closing. Registering this contract at the Public Registry ensures the property cannot be sold to another party during the escrow period.

2. Title Search: A proper title search includes: a) verification that the seller in fact has title to the property and it is free and clear of encumbrances, liens, or other issues that could affect the free disposition or transfer of the title; b) a review of the official survey map, and a professional surveyor to physically verify the map points on the property (to avoid future boundary conflicts); c) verification of utility debts (water and sewage d) verification of payment of property taxes and/or of the tax exemption.

3. Buy-Sell Contract: This contract is registered at the Public Registry and the final balance is paid to the seller, or an escrow agent. Payment is made when the title is transferred to the buyers' name. Payment can be issued by a bank, contingent on receiving from the seller proper title to the property. The buyer can open a bank account (or get a mortgage) and then formally request that the bank issue payment as soon as it is presented with the registered public deed transferring title to the buyer. Real estate agents normally get paid only when the sale closes.

4. Title Transfer: The buyer officially owns the property when the title is transferred to the buyers' name. The transfer occurs when the buy-sell contract is signed by each party and registered at the Public Registry. If the title is in the name of a corporation, there is no transfer of title, only a transfer of shares of the corporation. The buyer can keep the same officers in the corporation or appoint new members. Buyers of corporate titled properties through the purchase of the corporation itself, should ensure the annual corporation tax (Tasa Unica) is up to date. A change of corporate officers cannot be officially recorded at the Public Registry if the tasa Unica is in arrears.

Possession Rights Property

Possession Rights Property is not unlike "squatters rights" common in North America many years ago. This property is government owned but is "occupied" or "used" by a Panamanian individual (or Panamanian organization) for some time. Possession rights are generally certified by either municipal mayors, sheriffs, or other government organizations such as the Agricultural Reform Department (Reforma Agraria). Possession rights do not incur property taxes, although registered improvements on possession rights property may incur taxes at a municipal and/or national level. Most Possession Rights properties can become titled through a procedure of purchasing the land from the government, however, the law prohibits titling of possession rights properties in some areas such as certain coastal areas, national parks, or islands. In these cases, as an alternative, the "possessor" of the property can apply for an administrative concession over the land to guarantee the pacific use of it.

Acquiring possession rights over a property normally requires the following procedure:

1. Promise to Purchase Contract: A small down payment is made at the signing of the promise to purchase contract to secure the property, establish time for the title search and to coordinate payment arrangements for the closing. Contracts related to the purchase of Rights of Possession cannot be registered at the Public Registry, but can be authenticated by a public notary.

2. Due Diligence: The due diligence procedures on possession rights property is more complex since there is no central database of information on possession rights properties. Buyers of possession rights should take extra care in their purchase. The following due diligence investigation can be done on possession rights property:

a. Verification of Certification of Rights of Possession: A valid Certification of Rights of Possession is issued by a competent government authority, and contains the possessors' name, correct description of the property in terms of location, size (area), limits, boundaries and neighbors (to the north, south, east, and west).

b. Verification of Survey: A stamped, signed survey by a professional licensed surveyor or topographer, identifying the possessors' name, location and reflecting the same information in accordance with the Certification of Rights of Possession is recommended.

c. Inspection: An inspection will evaluate the physical occupation, no opposition by third persons, and good faith. A physical inspection to identify and mark the points of the property as well as confirmation of these points with the neighbors to ensure that there are no future boundary conflicts should be done by your surveyor. Also, the property should be maintained and fenced to clearly delineate the boundaries.

d. Permitting Verification: If the buyers' intentions are to build a certain type of structure or project on the possession rights property (for example, a marina, port, hotel, airstrip, etc.), it is necessary to verify any national or municipal regulations that may prohibit those activities in the area.

3. Buy-Sell Contract: The final balance is paid to the seller, or an escrow agent, once the possession rights certification is transferred or changed to the buyers’ name. Contracts relating with the purchase of Rights of Possession cannot be registered at the Public Registry, but can be authenticated by a public notary.

4. Possession Rights Certification Transfer: Possession rights for the property are officially transferred to the buyer when the Certification of Rights of Possession is transferred to the buyers' name. Transfer to the buyer’s name occurs when the buy-sell contract is signed by each party. If the possession rights are in a corporations' name, there is no transfer of certification, only a transfer of shares of the corporation. The buyer can keep the same officers in the corporation or appoint new members. Buyers of corporate possession rights properties through the purchase of the corporation itself, should ensure the annual corporation tax (Tasa Unica) is up to date. A change of corporate officers cannot be officially recorded at the Public Registry if the tasa Unica is in arrears.

Concession Property

Concession property is not unlike “land lease” arrangements, common in Mexico or Hawaii. Concession Property is government owned property, where the government has granted a concession to an individual or organization for a specific purpose, such as a real estate development, hotel, or marina. Concessions in Panama are generally granted for a maximum of 20 year (renewable) periods. Some concessions are granted for up to 40 years (renewable) in specially designated areas such as the Amador Causeway or where there are commercial and condominium developments currently being sold (Naos Harbor, for example).

Concession Property is often located on islands, in special coastal or other protected areas where titles are not permitted by law. Real estate developments over concession property often offer investors time share or fractional ownership arrangements. Unlike Possession Rights property, Concession property is guaranteed by the government through a specific contractual agreement.

CONTRACTS IN ENGLISH HOLD NO LEGAL WEIGHT IN PANAMA.

[Moderator says: I have my doubts about this. Yes, title is only transferred through a public deed in Spanish registered in the Public Registry. However, a contract signed by both parties in English can help a defrauded buyer get payback from a solvent seller when submitted before a court along with a translation into Spanish.]

Contracts signed are legally binding documents, and you should ensure that you have read and understood them completely before signing.

All judicial processes in Panama are conducted in Spanish. For any real estate transaction in Panama, a contract written solely in English carries no legal weight, and is generally not recognized. All contracts for property must be in Spanish on a formal public deed, and signed before a public notary, in order to be legally enforceable and where applicable, be filed at the Public Registry.

GET PROFESSIONAL HELP. Buying real estate in a foreign country should not be guesswork. As when purchasing real estate in the U.S., common sense should be the guiding factor. Again, engaging a reputable attorney and licensed real estate broker is recommended. While a good real estate agent can help you through the steps of buying, he cannot provide you with legal advice; an attorney does that. Even some Panama City-based real estate lawyers might not be fully familiar with such intricacies as land law in certain areas, e.g., Bocas del Toro.

[Moderator says: Real estate agents get their fees from the Seller, so when you are a buyer having drinks with a friendly agent, keep in mind his interest is to have the deal go through, not to protect your interest. Ask bluntly your agent and lawyer who are they representing and get their response in writing.]