Estates Law
July 19th, 2009 at 04:37pm
Under Estates Law
Eastern Europe continues to experience explosive growth as the nations modernize their economies, leading to terrific opportunities for savvy investors. Real estate in Eastern Europe is a solid investment with significant growth potential. As with any investment, you need to educate yourself about the potential problems. Inexperienced investors run the risk of losing their money, whether they are buying homes in Turkey or putting money in CDs at their local bank.
Here are three of the major pitfalls that people investing in East European real estate should avoid.
Never Buy Unseen Property
Some investors feel that Europe is so far away that to visit their potential property would be expensive and difficult. If that is the case, then this is probably not the best investment for you. It is absolutely essential that you inspect any real estate in Eastern Europe that you plan to purchase.
The seller is going to present the property’s best features and is likely to underplay any problems. This doesn’t mean they are dishonest, but any buyer should still look at the property in person. In addition to your own visit, have a home inspection professional examine the property. Structural defects that may be invisible to the casual observer will be obvious to a qualified home inspector and could save you thousands in repairs or prevent you from making a bad deal.
Understand the Local Laws
You must seek counsel from an attorney who is familiar with the real estate laws in the country you are buying property in. Real estate in Eastern Europe is governed by laws that may be very different from the laws in your home country.
This ensures that all of the papers are completed correctly and the sale goes through as planned. It also protects you as a property owner if you know all of your rights. Although laws governing private property in this part of the world have changed substantially in the last few decades, many countries still have laws that hark back to their socialist roots.
An example of how property owners can be hurt by foreign laws would be the Valencia land grab in 1994. It was an effort by the Spanish government to speed urbanization of the area by giving developers rights to develop private land, but some unscrupulous organizations used the law to legally buy land against the owner’s wishes at far below the market price.
Can You Afford It?
Buying real estate in Eastern Europe may incur substantially more additional legal fees and taxes than buying locally. Investigate the full cost of a piece of property, not just purchase price quoted in a listing. Also be sure to inspect the title deeds of the property.
These extra costs are compounded by fluctuating currency rates. Depending on the future of the currency in your property’s country, you should decide whether you want to get a local mortgage in your home nation’s currency or a foreign mortgage in your property’s national currency.
By Law Article
July 19th, 2009 at 10:38am
Under Estates Law
Real estate refers to immovable property such as land, which also includes rivers or streams that may be part of the land, as well as any physical structures that may be affixed to the land like houses, buildings or commercial establishments.
The terms “real estate” and “real property” are often understood to mean the same thing, although in some circles, real property refers to the rights of the owner over the real estate. Both terms are used mainly in common law, which is further divided into property law, the laws that refer specifically to the property, and contract law, the laws which refer specifically to the rights of the person over the property.
For centuries, people have viewed land as the primary measure of wealth. Even today, land comprises a large part of the fortunes of the wealthiest individuals and nations. Developing countries who are rich in real estate use this to attract foreign investments that can spur economic growth. However, in recent years, economists have noted that the key real estate investments into developing countries have been derailed by the lack of effective laws to safeguard such investments.
The leading source of capital for purchasing and developing land real property is mortgages. These are loans that banks grant to individuals who use the real property as collateral. Mortgages are favorable endeavors for banks because they can’t lose: either the borrower successfully repays his loan with interest or if the buyer cannot pay his loan, the bank can claim the rights to the property through foreclosure, which is an action that is decided in a court of law. Once the property is foreclosed, the bank can sell it to recoup its loan.
This is where economists raise a howl. An analysis of international banking and real estate laws reveals that, in many developing countries, there is no effective way for a lender to foreclose. With no legal or institutional protection, many investors are discouraged from investing in real estate in developing countries. Often, the mortgage loan industry is only open to a select few, mostly engaged in by a cabal of well-connected families who frequently use their social connections in matters of foreclosure.
By Law Article
July 19th, 2009 at 04:38am
Under Estates Law
Idaho’s northern “panhandle” region is an area that is well-known to wealthy retirees who are looking for a peaceful land to get away from it all and enjoy their retirement years, away from the busy world that they spent the last 40 years being a part of.
Whether you are looking to just buy a nice piece of quiet land to build a home and live on or are a real estate investor looking to make some money on the growing demand for North Idaho land, it’s recommended that you understand the laws of the land, the best way of which is to take on the services of North Idaho real estate attorneys.
The Attraction of North Idaho Real Estate
Idaho isn’t the place most people think of when they consider great places to retire. More common on the list are probably Miami, San Diego, and other warm coastal cities. But it’s the small-town isolation that makes North Idaho an attraction to others.
This attraction has brought on some big-money developers and real estate agents who hope to make some fast and quick money. And where there is fast and quick money to be made, there are fast talkers and snake-oil salesmen trying to get their share.
If you are looking at North Idaho, then you should be sure to keep a real estate attorney in your back pocket to review every form you sign and exchange you make and ensure that nothing funny is going on.
Why Hire North Idaho Real Estate Attorneys?
As with all laws, real estate laws have variations state to state. If you’re looking at any type of real property in Idaho, then obviously you’ll want to talk to somebody that is familiar with the laws of the land.
This becomes especially in areas like Idaho’s mostly isolated northern regions where real estate purchases often come with animal rights, water rights, and other matters that you wouldn’t normally encounter with a home purchase in any large city.
If you’ve spent your life in the city, and now want to move to the country, things are different and unfamiliar. Learning the laws of the local land can be stressful, and any misinterpretation of the law can put you into a world that you wouldn’t wish on your worst enemy.
Don’t fall into that trap. Get yourself an expert and hire a North Idaho real estate attorney who not only understands the law, but the attitudes of the North Idaho community and can get things done faster.
By Law Article
July 18th, 2009 at 10:38pm
Under Estates Law
“When you make the decision to sell your home, you are under no obligation to hire a real estate agent or broker to help you with the sale. Nonetheless, most people prefer to hire a real estate agent in order to better protect themselves and in order to put themselves in a better position to successfully sell the home in a short amount of time.
When you hire a real estate agent, you gain access to a wealth of knowledge that will help keep you out of trouble and will help provide for a smooth transaction. Here are just a few things that your real estate agent knows that you probably do not.
The Federal Fair Housing Act
According to the Federal Fair Housing Act, you cannot discriminate against someone when selling a home. The act defines seven different classes that are protected against discrimination, these include:
• Race
• Color
• National origin
• Sex
• Religion
• Handicap
• Familial status
If you do not enlist in the help of a real estate agent, you put yourself at risk of violating this act if you refuse to sell your home to an interested buyer. In addition, you might even accidentally violate these laws without realizing it. For example, there are certain words that cannot be included in your advertisements for your home because they are in violation of the Fair Housing Laws. Some of these words include:
• Bachelor apartment
• Children welcome
• Couples
• Gentleman’s Farm
• Golden Agers
• Handicapped
• Integrated
• Married
• Mature
• Mother-in-Law quarters
• Professional
• Section 8
• Seniors
• Singles only
• Sports-minded
As you can see, some of these terms seem perfectly innocent. Therefore, it is a good idea to get the help of a real estate agent so you can tap into his or her knowledge and experience in order to stay out of trouble.
State Real Estate Laws
Although there are similarities in real estate laws from one state to the next, each state has its own set of rules that must be followed. If you do not understand these laws or are unaware of these laws, you can inadvertently break the law when selling your home. In addition, by not being fully aware of your seller’s rights, you might actually lose out on money during the transaction.
Taking Advantage of Connections
Aside from legal matters, a real estate agent simply has a vast number of connections that makes it possible to sell a home more quickly and for a higher asking price. Similarly, since people come to real estate agents when searching for homes, you are able to tap into a much larger market of interested buyers when you get the help of a real estate agent.
Since a real estate agent has experience with selling homes, he or she can also provide you with tips to help increase the market value of your home and to make the process go by more quickly. For example, small things such as painting a room a different color can go a long way when it comes to increasing the appeal of the home. By taking advantage of the realtor’s expertise, you just might have a much more profitable selling experience.”
By Law Article
July 18th, 2009 at 04:38pm
Under Estates Law
According to WikiPedia, Real Estate is: Real estate is a legal term (in some jurisdictions, notably in the USA, United Kingdom, Canada, and Australia) that encompasses land along with anything permanently affixed to the land, such as buildings, specifically property that is fixed in location Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction. Real estate is often considered synonymous with real property (also sometimes called realty), in contrast with personal property (also sometimes called chattel or personality under chattel law or personal property law). However, in some situations the term “real estate” refers to the land and fixtures together, as distinguished from “real property,” referring to ownership rights of the land itself. [clarification needed] The terms real estate and real property are used primarily in common law, while civil law jurisdictions refer instead to immovable property. How to Find a Real Estate Agent in a Tight Market: Step1 Most articles in step one is going to tell you to get a referral. That’s nice if you happen to be moving somewhere that you know someone, but in a lot of situations, this simply isn’t the case. The main two pitfalls with referrals are: Step2 Go to the web. It is very important in the internet age that your real estate agent be web savvy, so the web will be your first stop in researching a good agent. All of the major real estate companies allow you to search online for real estate agents. Step3 Once you find the agents on the web, you will be bombarded with a plethora of acronyms like GRI, ABR, and NAR. Here is a quick guide to sorting them out and what will be most useful to you. And … These are some suggestion steps for you 
Real Estate Agent?! Who is this? What it do? Again according to WikiPedia: Real estate broker or Real estate is: A real estate broker is a term in the United States and Canada which describes a party who acts as an intermediary between sellers and buyers of real estate (or real property as it is known elsewhere) and attempts to find sellers who wish to sell and buyers who wish to buy. In the United States, the relationship was originally established by reference to the English common law of agency with the broker having a fiduciary relationship with his clients. Estate agent is the term used in the United Kingdom to describe a person or organization whose business is to market real estate on behalf of clients, but there are significant differences between the actions and liabilities of brokers and estate agents in each country. Beyond the US, other countries take markedly different approaches to the marketing and selling of real property. In the US, real estate brokers and their salespersons (commonly called “real estate agents” or, in some states, “brokers”) assist sellers in marketing their property and selling it for the highest possible price under the best terms. When acting as a Buyer’s agent with a signed agreement (or, in many cases, verbal agreement, although a broker may not be legally entitled to his commission unless the agreement is in writing), they assist buyers by helping them purchase property for the lowest possible price under the best terms. Without a signed agreement, brokers may assist buyers in the acquisition of property but still represent the seller and the seller’s interests. In most jurisdictions in the United States, a person is required to have a license in order to receive remuneration for services rendered as a real estate broker. Unlicensed activity is illegal, but buyers and sellers acting as principals in the sale or purchase of real estate are not required to be licensed. In some states, lawyers are allowed to handle real estate sales for compensation without being licensed as brokers or agents. Real Estate Investment: Real Estate Investment is now treated as a major case of capital budgeting by using state-of-the-art investment analysis which incorporates the future stream of income it may generate and the associated risk adjustments. It has been the highlight of the investment literature since the 1970’s when investment theorists extended techniques such as probability, time value of money and utility into its analysis. Real estate is basically defined as immovable property such as land and everything permanently attached to it like buildings. Real property as opposed to personal or movable property is characterized by the right to transfer the title to the land whereas title to personal property can be retained. The investment in real estate essentially depends on the risks associated with it, that is to say, even if the venture succeeds when the future stream of income will accrue to the investor and the alternative investment opportunities. Real estate investment can be attractive if viewed as a business opportunity; it can generate rental income, using it as collateral to secure a loan for a business venture, to offset otherwise taxable income through cash savings on tax-deductible interest rate losses, or simply from the profits garnered from its resale. Notable, in this context is the gains reaped by real estate speculators who trade in real estate futures (by buying and selling purchase options). A.K
Arash Kardanpoor from Asia, owner of arashka.com, 18 years old. To learn about
About Real Estate and to learn all about
Real Estate make sure to visit our site at Realestatelocated.us
By Law Article
July 18th, 2009 at 10:38am
Under Estates Law
In every real estate transaction there are a wide variety of legal issues that must be taken care of. Contracts should always be reviewed by an attorney who understands the nuances of real estate law. But there are also state specific State laws to contend with. A Seattle real estate lawyer deals with a large number of State legal issues related to acquiring, financing, developing, managing, constructing, leasing and selling residential and commercial property of all kinds. A Seattle real estate attorney will fully inform you of your options, advise you of any consequences, and protect your legal interests.
Below are some reasons you should consider retaining a Seattle attorney (Seattle Law Firm) for your real estate transaction:
? Real estate closings bring all interested parties together. They involve the execution and delivery of all necessary documents at the same time as the payment of the purchase price and the settlement costs of the deal. While this may seem like a simple process, handling a real estate closing is a complicated matter and requires a thorough knowledge of the law. This is why sellers and purchasers need to hire a reputable Seattle real estate attorney to orchestrate the transaction.
? Seattle real estate lawyers deal with tax implications for those buying and selling property.
? An experienced Seattle real estate lawyer can help you keep your property out of probate court by setting up a living trust for you to pass your property directly to your intended heirs.
? Real estate attorneys can protect you from costly mistakes, errors in the documents, errors in the figures and other problems that could lead to litigation or other expensive legal action.
? A real estate lawyer represents all parties involved in real estate transactions, for both residential and commercial properties.
? A real estate attorney also represents and assists business entities in a variety of commercial real estate issues.
? A Seattle attorney can help you with issues including real estate investment opportunities, real estate construction and development, landlord/tenant matters, zoning, financing or refinancing, and mortgages and foreclosures.
There are non-legal services that claim they can do all the legal work you need. If you’re tempted to save a few bucks this way, remember that lawyers belong to a regulated profession with standards they must meet and insurance to cover damages if they make an error or omission. You don’t necessarily have the same standards or recourse dealing with other advisors. And this isn’t the time to “do-it-yourself”. Although many legal forms used in real estate are similar, binder or purchase and sale agreement forms do vary from state to state. So if you intend to engage in a real estate transaction, retaining a Seattle real estate attorney, or Seattle law firm, will insure that all facets of your real estate transaction will be reviewed based on Washington state laws. Furthermore, some title insurance companies and mortgage lenders require you to use an attorney to ensure that, among other things, the title is good, there are no liens against the property, and that the deal will close as anticipated.
A Seattle real estate attorney’s role can be as broad as you want. And while it is not typical in a real estate transaction, you can ask your Seattle attorney to describe his or her work and fees in writing before you proceed. Whether you are a sophisticated businessperson with significant real estate experience, or a first-time homeowner, you can count on a qualified Seattle attorney experienced in real estate law to protect your interests during your real estate transaction. Do not close a real estate transaction unprepared!
By Law Article
July 18th, 2009 at 04:38am
Under Estates Law
So, you’ve reached a point in your life where you think that you’ve learned a little about business, finance, contract negotiating, real estate, etc. and have at least a layman’s knowledge of law pertaining to each. Being that savvy, you might also be aware of the incredible retirement locations and values south of the border; furthermore, you might even be considering Mexico as your retirement destination. If so, you might as well forget everything you’ve learned and leave your law degree at home!
Mexico, as beautiful as it is, has a somewhat different way of doing business and a completely different set of laws. Additionally, all legal transactions, including real estate transactions, are done in Spanish. Therefore, for those of you that may be considering locations in Mexico as possible retirement destinations, the following information should give you some insight as to how the Mexican real estate industry works, list some of the possible pitfalls, and most importantly, give you the guidance required to assure a pleasant and safe experience.
In 1984, we made our first real estate purchase in Puerto Vallarta; a condominium in Mismaloya, about seven miles south of town. Our second purchase, two years later, was the adjacent condo. A year later, we removed the wall between the two condos and remodeled them into one very spacious three bedroom condo. For thirteen years, while still working in Houston, we thoroughly enjoyed visiting Vallarta two or three times a year.
At some time after the purchases of the two condos, we noticed that our original escrituras (legal property documentation similar to a title or deed that is held in a fidecomiso or bank trust) showed the property values to be about one third of what we actually paid for them. When we inquired about the discrepancy, we were told that the lower values were used in order to reduce our annual property taxes.
It wasn’t until many years later, when we decided to sell the condo, that we learned that capital gains taxes were due on the huge difference between the selling price and the documented purchase price. Ouch, we owed substantial taxes on a paper gain, when in fact; there was very little real gain! We then learned that the condo developer entered the extremely low sales prices on all the escrituras in the condo complex in order to evade paying substantial capital gains taxes. As we later learned, the developer could have entered the selling price, the appraised value, his cost of construction, or just about anything imaginable into the escritura, and we, being the naïve Americans that we were, were at his mercy!
Upon the sale of the condo, we bought a beautiful new mountainside villa with a panoramic view of Banderas Bay, El Centro, and the Sierra Madres. We saw the new villa advertised in one of the local magazines and asked our realtor friend to show us the property. He showed us what seemed to be every property in town, before reluctantly taking us to see the villa in the magazine. Some time after buying the villa, we learned that our realtor friend received only 10% of the commission on the sale because that was all the listing agent was willing to pay. The listing agent ran the ad in the magazine and didn’t feel that an agent representing a buyer was necessary in order to sell this beautiful new villa. Therefore, our agent spent a couple days showing us nothing but properties listed by his agency before caving in to our demands and taking us to the villa of our dreams; one that we have thoroughly enjoyed for more than a decade.
These experiences revealed the tip of the real estate iceberg and after living here for ten years, we’ve finally been able to expose the entire iceberg and share some of the details below.
To begin with, there are no licensed real estate brokers or agents in Mexico! In fact, there is no mandatory licensing for real estate agents in all of Mexico because the Federal legislation process has yet to accomplish it and therefore such legislation remains in limbo. In Puerto Vallarta, where there are in excess of 80 real estate agencies, there are probably more than 500 real estate agents with minimal qualifications. With the booming real estate market and economy that exists today, it’s quite obvious why we have such a diverse group of agents and brokers in Vallarta.
In order to have some degree of continuity from agent to agent, a voluntary association for real estate personnel exists in various areas of Mexico. The Asociacion Mexicana de Profesionales Inmobiliarios A.C., known as AMPI, is quite active in Vallarta with the membership of approximately 50 of the 80 real estate agencies in Vallarta. Although membership in AMPI is not compulsory and has no bearing on the capabilities of the agents representing the buyers or sellers, it is considered to be the standard bearer for listing agents in the area.
A second real estate association, mainly consisting of Mexican agencies based in the Vallarta area, is Asociacion de Profesionales Inmobiliarios de Vallarta A.C., known as APIVAC.
These associations schedule periodic conferences, conduct educational programs, and hold various meetings where they attempt to keep their members and the public current on activities in the area as well as changes in the Mexican law as it pertains to real estate. They have codes of ethics and they do attempt to establish uniform sets of operating policies and procedures, some of which are in writing, others understood but not documented. They bring real estate personnel together where their members voluntarily agree to abide by their organizations´ statutes and codes of ethics while attempting to operate with some degree of continuity and professionalism. For sure, these associations are better than nothing but still not to be confused with associations such as the National Association of Realtors or NAR in the US. Dual agency disclosure, designated agency, full disclosure, confidentiality, imputed knowledge and notice, implied knowledge, fiduciary duty, loyalty, and vicarious liability are foreign concepts to the majority of real estate agents in Mexico. Consequently, misleading or inaccurate statements often made by many of the agents can put both the buyer and seller in intolerable predicaments in Mexico.
Although AMPI and NAR do have a working relationship, one example of the differences between AMPI and NAR is that NAR provides its member agencies with standard statewide listing forms, pre-qualification forms, escrow account and earnest money forms, standard purchase agreement forms, letters of intent, etc. In Vallarta, there are no such forms provided by AMPI or APIVAC. Each real estate agency has its own listing form or uses a form provided by an outside privately owned publisher, which clearly depicts the listing agent as receiving 100% of the commission upon sale of the property. Also, NAR has written and enforceable guidelines regarding the handling of commissions and the sharing of commissions between the selling and buying agents. Although there are guidelines in Mexico for real estate commissions, they are still flexible, and to some degree negotiable with the seller. The listing agent can then negotiate commission sharing with the buyer’s agent.
All other forms vary from agent to agent and are not necessarily written in the best interest of the buyer. Also, most forms and contracts for North Americans are in English; however the Spanish version is the only document that has any legal standing in Mexico. Therefore, regardless of what you read in English, a Spanish speaking attorney should always represent you along with your agent.
Another major difference between the Mexican based associations and NAR has to do with the Multiple Listing Service or MLS. In the States, the MLS is controlled and monitored by NAR and is available to all NAR agents. In certain Mexican cities, including Vallarta, there is an MLS; however it is not controlled by AMPI or APIVAC. Instead, it is privately owned and operated by a local publisher and is available for property searching to the public at no charge. AMPI members are able to list their properties on the Vallarta MLS, with the general public as well as the other AMPI and APIVAC members having access to the listings.
Once you understand the inner workings of the real estate industry in PV, you need to learn a little about Mexican real estate law. It can be quite complex regarding trusts, escrows, mortgages, treatment of taxes, etc. and is often open to interpretation by a state appointed attorney, known as a notario. A small percentage of the realtors in Vallarta have a fair understanding of Mexican law as it pertains to real estate transactions; however the vast majority of them are sorely lacking in this field. Even with little or no knowledge of the law, they will be anxious to advise you, right or wrong; therefore, the best law to follow is caveat emptor, or buyer beware!
Because of the many pitfalls that a buyer can encounter while purchasing real estate in PV, we learned over twenty years ago that it is wise to interview realtors with scrutiny, keeping in mind that most all will be promoting their own listings first and meeting your needs second. It’s just human nature and with virtually no control in Mexico, it’s pretty much assured. Also, because almost 100% of them have listing agreements with the sellers, they are legally bound to act in the best interest of the sellers, and not necessarily in the buyer’s best interest. Because the buyer usually has no contractual agreement with the realtor, he will in all probability get the “short end of the stick” in this conflict of interest.
Of all places, in Mexico you should select an agent that is 100% dedicated to helping you find the property that meets your needs and satisfies your requirements; preferably, a contractual agreement with an agent with no listings, no axe to grind, no ulterior motive, and is exclusively representing buyers and their best interests.
A true buyer´s agent in PV should have no property listings, should have complete access to the Vallarta MLS, should know the areas and growth trends in and around Vallarta, should be able to professionally negotiate on the buyer’s behalf, should have a decent understanding of Mexican real estate law, should have a working relationship with the local notarios, real estate attorneys, escrow and title agents, mortgage bankers, insurance agents, inspectors, appraisers, and lastly, your representative must have a thorough working knowledge of the local real estate industry and understand the idiosyncrasies associated with it.
Buying your dream home or condo in Vallarta should be one of your best experiences, however without due diligence, it can be a nightmare. Obtaining an exclusive buyer´s agent with 100% dedication to you is a prerequisite for assuring a pleasant beginning of your retirement in Paradise.
Jim Scherrer has owned property in Puerto Vallarta, Mexico for 24 years and resided there for the past ten years. The mission of his series of 32 articles pertaining to retirement in Puerto Vallarta is to reveal the recent changes that have occurred in Vallarta while dispelling the misconceptions about living conditions in Mexico. For the full series of articles regarding travel to and retirement in Vallarta as well as pertinent Puerto Vallarta links, please visit us at
Puerto Vallarta Real Estate Buyers‘ Agents and click on ARTICLES.
By Law Article
July 17th, 2009 at 10:38pm
Under Estates Law
Losing someone almost always entail that they leave something behind. Specifically speaking we could gain inheritance when the situation happens. When we do it is important to be well oriented with the matters concerning the inheritance. Estate law taxes usually covers matters on inheritance. Currently estate tax laws are being subjected to different changes and are even facing a phase out. So it is important that you become well aware of the changes in case you would have to inherit something in the future. Some of the things that you should be reminded of are as follows:
Firstly spouses supposedly don’t pay estate taxes. Reviewing the estate tax law, when a husband or wife dies, the spouse would not pay any estate tax considering the amount that they would be receiving upon the death.
Since estate law taxes are now facing a phase out, the Economic Growth and Tax Reconciliation Act of 2001 was created to return more money to the taxpayers and relieve them of some taxes including estate taxes. This act suggests that estates that you inherit which is less $2,000,000 would not be subjected to estate taxes. If you inherit an estate in the years 2006, 2007 or 2008 and your estates don’t amount to more then $2,000,000 you would not be subjected to pay any estate taxes. However come 2009, they would lift the base up to $3,500,000 and in 2010 it is suggested that estate law taxes would be removed. Upon the act of the congress, estate law taxes could return and would give exemption up to $1,000,000 only.
Anther concern with estate law taxes is gift taxes. These taxes are a bit complicated and would suggest that you get an attorney to help you with the case. Since many relatives try to avoid their relatives to get to pay estate taxes, many of then try to donate their money before their death. However, when the money is turned over before death, there are chances it might still fall under the gift tax law. Legally speaking, a person is only permitted to receive $12,000 a year from one source before they subjected under to pay taxes. In a lifetime, a person is allowed to give out only $1,000,000 before being subjected to pay taxes. It would really pay to consult to a professional so as to prevent confusion over the matter.
Another misconception that ought to be discussed regarding estate taxes is life insurance plans. Generally it is stated in the tax law that receiving life insurances would not put you under estate tax laws. However, any interest a person receives through the insurance plan is subjected under the tax law.
By Law Article
July 17th, 2009 at 04:38pm
Under Estates Law
Off shore banking in Costa Rica is not what normally comes to mind when thinking of the term “off shore banking”. Costa Rican banking is not party to illegal financial schemes and is not a tax haven. Authorities in Costa Rica readily cooperate in international laundering and drug related investigations. By Costa Rican law, offshore bank accounts are private in order to protect assets.
State owned banks in Costa Rica are government backed and are considered a safe repository for your money. State owned banks are spread throughout Costa Rica. Privately owned banks are fewer in number and offer less depository insurance than state owned banks. Even so, private banks are the most popular with foreigners.
If you are considering purchasing real estate in Costa Rica either as an investment or with the intention of moving there, you will need the service of a real estate law firm in Costa Rica. You may wish to expand your business or create a new business in Costa Rica. In order to assure conformance to all Costa Rican laws, secure the service of real estate law firm in Costa Rica that specializes in commercial real estate law.
It is legal in Costa Rica for foreigners to buy, trade, sell and dispose of real estate property. Foreigners may also legally set up and transact business in Costa Rica. One benefit of owning a business in Costa Rica is that it often results in residency status for the owner(s).
Offshore companies are corporations chartered in a foreign nation for asset protection purpose. The companies are called IBC’s or International Business Corporations. The main benefit of an IBC is greater account privacy, less regulation, lower taxes and profit deferral. IBC’s utilize Costa Rican off shore banking for the privacy extended to their accounts.
Real estate law firms in Costa Rica work with IBC’s in obtaining properties and setting up the corporation while maximizing privacy, minimizing taxes and assuring compliance with home country reporting obligations.
The main purpose for private individuals (as opposed to IBC’s) to utilize off shore banking and a real estate law firm in Costa Rica is to be in compliance with CR law when investing, leasing or buying. By utilizing a real estate law firm in Costa Rica that specializes in foreign buying and selling, the possibility for a smooth transaction is more likely to be achieved. Using the services of a real estate law firm in Costa Rica will clarify the intricacies and nuances of CR law as it pertains to your situation. They will be able to advise you about off shore banking and how it may be used to your advantage all the while keeping in mind CR reporting regulations.
Costa Rica is a beautiful country with an attractive lifestyle. It is not a tax haven for those attempting to dodge tax liability. What a real estate law firm in Costa Rica will provide is a way to minimize taxes in your native country and counsel you in off shore banking that will protect your account information to the fullest extent of Costa Rican law.
By Law Article
July 17th, 2009 at 10:38am
Under Estates Law
If you own real estate and sell it to a buyer under a general warranty deed, you can be liable to the buyer years later for some defect in the title that you didn’t even know about at the time you sold him the real estate, and you could end up having to pay the buyer up to the amount that he originally paid for the real estate, or in some cases the value of the land if it is more than what the buyer actually paid. Here’s how it could happen:
(1) If you breach the Covenant of Seisen or the covenant of the Right to Convey:
You can breach these by not having a freehold estate at the time you sold the real estate (you were only renting the property, for example), or by having a freehold estate that was illegal and didn’t give you the right to sell it to anyone. You can’t easily breach the first covenant accidentally, but it is possible to accidentally breach the second covenant. Damages will amount to the price the buyer paid for the property or whatever portion of it you failed to legally transfer to him. Some courts won’t even require to transfer the property back to you when you pay him the purchase price.
(2) If you breach the Covenant Against Encumbrances
You can breach this one if there is a mortgage on the property, for example, at the time you sell him the property. It is, then, quite possible to breach this covenant accidentally because you breach it even if the mortgage was taken out by the guy who sold the property to you and even if you didn’t know about it. Damages will amount to either the amount of money needed to remove the encumbrance (pay of the mortgage, for example), or the amount by which the market value of the real estate has been diminished on account of the encumbrance. In no case, though, will damages exceed the value of the land
(3) If you breach the Covenants of Warranty, Quiet Enjoyment, and/or Further Assurances
If your buyer ends up getting thrown off his property by someone who comes along with a superior claim to title to the real estate (you’d be surprised how easy it is for that to happen), you may have to pay the buyer back the amount he originally paid for the real estate (or a proportion of that if he’s only been thrown off part of the property).
By Law Article
Previous Posts