Buying Property Overseas the Common Misconceptions Solved

Janet and John part 5

Some of the misconceptions solved for buying overseas property

Janet and John had reserved their new property overseas. They had paid the reserve to the solicitor Raphael, and he had secured the property for them. He was now in the process of searching at Land Registry to see what if any were the problems related to their dream purchase. He soon found one. Janet and John were still recovering from the shock of having to put up half the money in cash and I mean real folding money!

It transpired that there was a mortgage on the property for 120K. He rang John and enquired if they knew? No was the reply but surely such a mortgage would be cancelled or settled by the current owner? Such is the habit in the UK that mortgages move with people but are secured on property. However in the UK when a property is sold the new owner buys it with clear title and no debt attached to the property.

In Spain the mortgage can stay with the property in question. The seller can happily transfer the mortgage to the name of the buyer or just walk away leaving the mortgage with the property. That mortgage never follows him but is charged against the property and the new owner becomes responsible to the Bank for the loan and the term.

It has often happened in Spain that foreign buyers have not employed a good solicitor or not even employed a solicitor at all but trusted the agent! Yes the hot sun gets to them all at some point. Unwittingly buying properties for the full price, only to find out later, that there is a mortgage on it or a huge council tax debt!

However it can also work to a buyer?s advantage. The old owner may have arranged a sizeable mortgage with a reputable lender over a long term and at a low interest rate. Even with variable mortgages, those that react to changing National base rates, by European standards these mortgages are normally inexpensive. Of course there is always the odd one that has been arranged for an un-creditworthy consumer with harsh conditions. Buyers beware!

What to do?

First contact Andy the Property pal. Is this normal? What shall we do? Back came the answer.? Yes it?s quite normal. First ask what the terms and conditions are. What is the rate of interest, who is the lender and what is the term? If they are acceptable and the lender is well known then it could be to your advantage to accept the mortgage as part of the purchase price.?

John spoke with the agent and explained the problem. Jose Miguel agreed to call the owner and make the necessary enquiry. John also had other queries relating to services and local taxes. John then asked if there was an electrical certificate. Poor John?.. Jose Miguel smiled, ?My friend this is Spain, the property is over 20 years old you will not be able to get such a thing however desirable.? John mentioned that Andy knew a local electrician, an Englishman called Brian would it be OK for Brian to do an inspection for him? ?Of course whenever you like!?

A few weeks later they are back in the UK and waiting for news. Nothing has been heard for a while and John is worried, Janet is becoming anxious. John decides to use the Property Pal network again and that night sends Andy, his Property Pal for Costa Valencia an Email. Andy replies two days later. He has phoned the agent and the solicitor and Brian the Sparks. All is going reasonably well, the legal process is progressing but John should plan to come back to Spain in 3 weeks time for a likely completion.

Janet is very happy with his news and John sits her down to discuss the outstanding problems.

The mortgage is a good one. The lender is Banco Popular a reputable lender and the interest rate is 3.5% with an outstanding term of 10 years. This means that 120K outstanding can be taken off the purchase price and Janet and John can take the responsibility of the mortgage with the property. The advantage is John does not have to register a new mortgage at the Town Hall and avoids paying a mortgage tax. He also saves a lot of time in not having to arrange his finance, albeit the loan is more than he wanted at least it is very cheap by UK standards and manageable.

The electrical report has come back from Brian the Sparks. It is not good news. The system that exists is illegal. The power input is so low that a microwave will set off the trip each time it is used. Brian assumed correctly that Janet would want a dishwasher, tumble dryer, air-conditioner unit, kettle and other electrical appliances installed and the power is just inadequate. John would have to apply to the local power company for an increase in supply. They would arrive to inspect and declare the current installation illegal.

What to do?

Contact Andy the Property Pal. Andy instructs Brian to quote for the upgrading and re-wiring and installation of new circuit breakers. Andy will see if he can call the local power company and start a process for Janet and John. If Brian can do the work first then when they make their inspection, and of course when is the keyword, they will declare it acceptable for a power supply increase.

The next problem for our intrepid pair is how to handle the darker side of the cash purchase.

In Spain there is no Capital Gains Tax on your primary home but in theory there is on your second or weekend home. Traditionally over the years property has changed hands with little concern for the accuracy of the boundaries or deeds. Much of the price has been paid in cash from below the bed. This habit is changing and many lawyers are now under greater scrutiny from National and local bodies who wish to see the real value of a house declared and tax paid thereon. So the habit still exists but lawyers are encouraging and cajoling sellers to declare at least 70% of the value in legal tender.

Thus 30% is paid for in hard folding cash. If the declared value is too low then the Town hall Notary has been known to fine the seller for the assumed balance by going out and valuing the property! It is not unusual for buyers and sellers to exchange cash at the Notary?s office in a large bag. Obviously this does not go unnoticed by the local criminal fraternity and there are many instances of persons being robbed on their way to or from the completion meeting. It is normal but absurd as the Public Notary? office is fully aware that this practice exists, and the Notary in question will simply withdraw from the room for 5 minutes whilst the parties exchange the cash!

Often there will be two solicitors and two opposing bankers present, as well as the bagman, his counterpart and maybe a translator. It is a real farce which is slowly changing. It is now even acceptable for a Bank to draw a check for the cash element and bring that with them for their client instead of the insecure currency notes. However there are still sellers that insist on cash for their balance outstanding and some who even do another portion outside of the auspices of the Town Hall! Do not get involved in this practice is the advice from the myProertyPal.com website. The system is becoming so farcical that I have heard stories of Banks running out of cash and having to go around the local town and collect it from other Banks!

Janet and John chose Banco Popular and they and the opposing side were able to accept a check for the funny balance and all went well with their date of completion.

So the intrepid pair completed their learning curve of buying their investment property overseas, but was that the end of the story or was there much more to learn about Living in Spain? Of course and we will re-join them later!

http://www.mypropertypal.com

Property Guide to the Turkish Coast

An established package holiday destination, Turkey has recently emerged as one of the hottest new property spots in the Mediterranean. Good beaches, great scenery and prices much lower than the region?s more established property markets, like Spain and France, have encouraged huge excitement from holiday home buyers. Despite a difficult year in 2005, when the country?s property laws were re-drafted leaving thousands of property transactions frozen for over 6 months, the future looks exciting. New golf courses and marinas, better roads and expanded airports, are adding to the country?s appeal, while the possibility of EU membership in the not-too-distant-future, also bodes well for those investing in Turkish property. The rental market is starting to develop in the main resorts, such as Bodrum, Altinkum, Fethiye, Kalkan, Side and Alanya, with short-term and holiday lets arranged through tour operators, management agents or one of the many new rental websites. However, as a word of caution, remember that in an increasingly crowded marketplace, you need to carefully choose your property in order to achieve reliable rental returns. So where are Turkish Riviera?s most popular places to buy?

?We decided to buy a villa in Fethiye because it is a proper town and doesn?t close down in the winter,? says Tim Goodman, who moved out from Newcastle with his wife Jenny in 2004. ?We love our new life, although it took us a while to get used to some things, like the crazy Turkish driving and the summer heat!?

Tim and Jenny have also found it frustrating not to be able to speak to their Turkish neighbours, so they recently started language lessons twice a week.

?Turkish people are so friendly and welcoming, but we wanted to be able to have a conversation,? explains Jenny. ?It is also useful to have some simple phrases when you have someone working on the house.?

Belek is Turkey?s foremost golfing centre, with no less than 6 international standard courses. A 20-minute drive from the city of Antalya and airport, the resort has a long stretch of golden sand too. Not surprisingly, Belek is a property hot-spot, with over 35 new developments in the area. Do your research carefully, as not all are offering value for money. Check the details of each development and compare facilities, the size of units and building specifications. Prices start from ?119,000 for a three-bedroom semi-detached villa or ?145,000 for a detached property bought off-plan.

?Belek is a really exciting area because of the golf and easy access to the airport,? says Taylan Gundeslioglu, owner of Letsgototurkey construction and estate agency. ?But only recently have good quality properties become available.? Once a Roman slave market, the resort of Side has white sand beaches and some impressive ancient remains, including an amphitheatre and the evocative waterside colonnade of the Temple of Apollo. Due to its archaeological importance, development is strictly controlled around the resort itself, but there are numerous villa and apartment complexes nearby. A two-bedroom apartment typically costs from ?55,000-?80,000.

Alanya is one of the Mediterranean?s hottest property spots thanks to its Blue Flag beaches, excellent leisure facilities and entertainment. The sea-girt castle ? built by the Selcuk Turks ? is another popular attraction. The local property market is dominated by apartments, which start from about ?65,000 for a two-bedroom unit near the centre of town. But a 15-minute bus ride away to Mahmutlar and prices drop to under ?50,000 for a similar size place on a new complex with good facilities.

Dominic Whiting is a journalist and publisher of the Buying in Turkey and Buying in Bulgaria property guides. For more information, newsletters or to order visit: http://www.buyinginturkey.info

Housing Prices And NorthAmerican Wealth

Housing prices fundamentals depend a great deal on the wider economy, especially income and borrowing rates. More specifically, housing prices bear chiefly fret over two important measures: 1) the ratio of house prices to median income and 2) the ratio of rental income to house prices.

House prices to median income now equals 3.8 pretty much in both the United States and Canada, which means that the median price of an interest in land is now getting out of reach of the average North-American household. This measure is the primary catalyst to what economists refer to as ‘The Affordability Crisis', and is becoming more and more a concern. The Affordability Crisis is a very serious matter indeed. It has economic, political, social and demographic reverberations and repercussions.

The hot local real estate markets of recent times have driven prices literally through the roof and since home-ownership is the single most important element in the democratization of prosperity, un-affordability becomes a social problem just as much as an economic one. It impacts the very essence of North American wealth reserves and distribution, because home-ownership is the element of social stability and cohesion and, therefore, an important pillar of a sustainable modern economic capitalistic growth.

The second measure, the ratio of rental income to house prices is too low to offer property owners and investors a decent return, suggesting again that houses are badly overpriced. At 0.5 percent, rental income over house prices indicates that investors will think twice before purchasing rental properties, since they have investment alternatives. For instance, here in Downtown Vancouver it used to be, only a couple of years ago, that purchasing an apartment unit and then rent it out would net a yearly return of over 8 percent. But since rental rates have not followed at par with real capital appreciation, taking into account increased property tax the yield is nowadays less than 5 percent.

Nearly everyone now expects prices to level off for a bit and slow the economy down, but in ultimate analysis the foregoing valuation measures are less worrisome than one might think at first.

The high ratio of house prices to income is less alarming because low mortgage rates in both the United States and Canada have held down the real, effective cost of owning a home. This cost has not changed much despite an upward shift in interest rates, which in turn has increased volatility in real estate markets. North-American homeowners, especially in the United States, remain exposed to a sharp rise in long-term interest rates if, say, foreign investors in the American Treasury were to start selling bonds and put their money elsewhere. But this does not seem to be the case for the time being, as confidence in American financial stability is at an all-time high.

Furthermore, although it is true that rents have failed to keep pace with the rising prices of interests in land, that comparison partly reflects a failure to adjust for the growing quality of the homes Americans and Canadians have been buying. This, coupled by the fact that demand for rents is now beginning to move up, would suggest that rising rents could raise the threshold and set the ratio on a more balanced footing - so long as incomes keep growing.

An additional reason for optimism is that prices of real estate in Britain and Australia, two other countries that bubble-watchers have been fingering as examples of the impending and devastating real estate bubbles in North America, have proven much less damaging than many expected. Their respective economies have performed so well after real estate markets peaked, that their central banks found it necessary to raise interest rates again afterwards.

For all the foregoing reasons many economic forecaster and analysts here do not believe that a recession is around the corner merely because of the slowdown in real estate. And I am one of them.

Luigi Frascati

Luigi Frascati is a Real Estate Agent based in Vancouver, British Columbia. He holds a Bachelor Degree in Economics and maintains a weblog entitled the Real Estate Chronicle at http://wwwrealestatechronicle.blogspot.com where you can find the full collection of his articles on Real Estate Economics and Finance. Luigi is associated with the Sutton Group, the largest real estate organization in Canada, and is based with Sutton-Centre Realty in Burnaby, BC.

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