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Buying Real Estate In Portugal

May 23rd, 2011 3:34 am

As in many countries the world over, the first step in the real estate purchase process is the execution of a preliminary contract for sale. In Portugal, this initial contract is called the contrato de promessa de compra e venda. This particular agreement is a legally binding contract that sets forth the conditions of the sale. The contrato de promessa de compra e venda is drawn up by a notary. At the time that this contract is executed and signed, the purchaser of the real estate is called upon to place a deposit for the real property that is subject to the transaction. In Portugal, the deposit that normally is paid by a buyer of real estate is between ten and twelve percent. If a seller elects not to follow through with the sale, he or she will forfeit the deposit that has been paid. Of course, there are instances when a buyer is justified in not closing on a contract for the sale of real estate.

An interesting feature of the preliminary contract in Portugal is the fact that if the buyer decides to walk away from the contract, the buyer is obliged to pay to the seller a penalty in the amount of twice the deposit placed by the buyer in the first instance. Thus, in Portugal, the purchaser of real estate is provided with a level of protection that is found in very few other countries around the world. Indeed, this level of protection really is almost unheard of anywhere else in the world. Another requirement that is unique to Portugal when it comes to the purchase of real estate is one in which the buyer of real estate is obliged to obtain a “Fiscal Number” from the local Tax Office. This requirement applies to foreign nationals who are interested in buying real estate in Portugal as well as to citizens of that country. The process of applying for and obtaining a Fiscal Number is very simple and does not require a great deal of time.

The real estate sales process in Portugal moves at a pretty fast clip. Generally speaking, the signing of the final contract and deed — which is known as the escitura de compra e venda — will occur within three to four weeks of the execution of the initial contract for sale. Once this agreement and related documentation is executed, the ownership of the real estate will transfer by operation of the law from the seller to the buyer. Although the buyer will become the legal owner of the real estate at that juncture, there still is a bit more work to do to completely conclude the real estate purchase process. The final step that a person needs to take when purchasing real estate in Portugal is the payment of the Imposto Municipal Sobre, a tax imposed on real estate transactions in that country.

Introduction to Property Management

April 6th, 2011 10:10 pm

What is property management? It’s the managing, or handling, of real estate property by someone other than the owner. Most often, it is handled by a management firm, that might handle more than one client’s real estate properties. Other styles include hiring someone to live on site and take care of tenants’ requests, as a building superintendent or other building manager – but this style of management has fallen out of favor in recent years. It goes without saying that quality is a big issue with this service. A good management firm will act as a go-between for the real estate owner and the tenants, handling any questions and complaints that the tenants might have so that the owner is not forced to deal directly with them. This kind of service can include doing many different things, from collecting rent to hiring groundskeepers and repair people. They can keep an eye on repairs that need to be done, and suggest improvements on the property to the real estate owner.

In most states, those offering this service must be certified and licensed, most commonly as real estate brokers. This is especially true if the property managers (or someone in the the management team) is helping to negotiate leases, or collect rent on behalf of the property’s owner. In other states (such as Connecticut), there may be no licenses required for these tasks. Most property managers are still required to register with the state they work in. Property managers can also be essential in keeping an eye on your property – making sure that no one is vandalizing your real estate, and taking care of problem tenants as well. The actions that manger may have to take can include eviction, as well as involving the authorities, tasks that a real estate investor may not want to have to do. They can also be used as arbitrators between tenants, when disputes arise that are not severe enough to involve the police or other authorities. When done well, property management is the answer to a lot of issues that real estate investors might face. The management team can do the hands on work while the investors reap the profits.

 

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