March
2005 When you look for real estate in the USA, Real Estate Agencies
are usually your first stop; to find out what is available, and to get
good advice on neighborhoods, warnings about poor investments. He may
steer you toward his listings so that he gets both the selling and listing
commissions but he represents you. Your agent does all the paper work on
offers and counter offers. He creates the paperwork, and fills out the
forms that go to the escrow office. If he already represents the seller
he is supposed to inform you of that fact so you can form your own opinion
of his presentation of a property. Often you have a Real Estate Agent “check
a FSBO (For Sale By Owner) or prepare the paperwork on a private deal so
that the paperwork is done correctly.
After
an offer is accepted the deal goes to an Escrow company. The Escrow Company
verifies all the facts, the Title/Deed and its’ condition, Taxes due, Liens,
etc. The Escrow company receives the money and issues the Deed. You receive
Title Insurance protecting you as the buyer. You get a Warranty Deed, and
the money goes to the seller. The listing agent presents ALL offers to
the owner, and handles counter offers or refusals when the negotiations
have begun.
Argentina is different.
The first point of difference is
the “Listing” process. Often an agent will in effect ‘bid’ for the listing.
The highest price insures getting the listing. So the price is already
inflated from the beginning. An agent promising $150,000 for your property
is more attractive than the one that says you could only expect $100,000.
In the United States there is usually a higher price for the purpose of
giving the seller negotiating room, otherwise the seller declares the price
as “Firm”. From experience we expect the offer, counter-offer negotiation
to reveal the actual price. We do not expect that the agent will decide
whether to present our offer or not depending on what he has promised the
seller, or worse on what he expects to make as a commission. I looked at
a house in MeliPal a desirable suburb of Bariloche.
The
price for the large house with a nice view was $135,000usd. I wasn’t very
interested and prepared to leave. The agent asked if we were going to buy
the house. When I said NO, he went back to the seller. (He returned to
me and asked if I would be interested in the house at $85,000usd, because
they “HAD to sell, Now”.) The price had just become $50,000 usd better.
The house was worth the lower figure but we left anyway. Contrast that
deal with a small tourist business that we really wanted. The list price
in the catalogue was $130,000usd.
The price increased from $130,000usd
to $145,000 (right after we examined the property). We offered $120K cash.
We were told “No thank you”. A couple of days later as we were getting
ready to leave Argentina, a friend told us that our offer had not even
been presented to the owner, because the listing agent would only get half
of the 6% commission, and 3% of $120,000 wasn’t enough for him. It would
be good to mention at this point that buyer and seller split the standard
6% commission - so add 3% to your offer to figure out what you are actually
going to pay.
When an offer is accepted the Argentine
process gets very different from the typical transaction in the USA. A
Government Official called an Escribano is going to take over processing
the agreement.
An
agreed upon amount plus any and all documents from the seller are given
to the Escribano. The Escribano investigates the Deed and checks for tax
and lien issues. Everything we expect from an Escrow Company is done by
the Escribano PLUS all of the paperwork production usually done by the
real estate agent in the United States. The Real estate agent shows you
the property and presents the offer to the sellers agent (and then he is
done for his 3%.) In every case when we looked at the property the owner
had to be present, to show corners and answer any questions because the
agent knew nothing about the property except basic facts (and often not
even the number of bathrooms). When the Escribano issues the Government
guaranteed Deed you are free of claims against the property. He will subtract
for back taxes and check for any Liens. He will receive the money for the
property. This is a solid process and the Escribanos are legitimate people.
When they say “Hecho” it is a done deal. No one gets money until the Escribano
hands you Title to your property.
Still, I will always have MY Lawyer
check out the details and corners etc. to make sure that I know and understand
exactly What and exactly Where I am buying so that there are NO Problems
later. My Lawyer has MY interests in mind so I know where the corners and
property lines actually are, and local ordinances. For example in this
area there are building restrictions based on construction footage per
hectare(Hectare =2.47acres).
You may be planning to put an addition
on to a house or Hotel, or if you are buying a lot to build your dream
home it would be good to know if the dream house “fits” on the property
you want to buy. You want to know exactly where the corners are so there
are no disputes with your neighbors in the future where a fence should
go or whose tree just fell on the car. You want to know, because things
that “never happen” can happen to you. If this sounds like a complicated
process, that is going to cost too much.
Remember the price for the property
is still less than you would imagine paying (and far less than it would
have sold for 3 years ago to anyone, Americano or Argentine). Check the
listings and you will see that houses and property in general are an incredible
value.
Also remember; EVERYTHING IS FOR
SALE! The house someone has just told you is the “Ancestral” home of his
family for 10 generations - is FOR SALE!
The ‘best’ way to buy property is
to look for areas you like. Then look for houses you might want to buy
in that area. Pick a few. Then send in a “spy” to talk to the owner. The
spy asks if there is any possibility of selling the property. The owner
ALWAYS has a price he couldn’t refuse. Now you have a negotiation started
on a property that is What you want, and Where you want it. Often the first
price is very reasonable. The story is; the spy has an uncle that wants
to move into town. The uncle doesn’t have too much money - but is a wonderful
man. Since the ‘spy’ isn’t the buyer, just the dutiful nephew, any underlying
problems come easily to the surface. The spy ‘works’ the price - if this
is even necessary - and gets a number. At this point, your Lawyer contacts
the owner while you look at the extensive pictures the spy has taken. The
Lawyer should have a good idea what the ‘real’ price should be in that
area or town and he works the price as close to or under that ‘real’ price
as he can finally get the actual price set. Now you can come in with the
Lawyer and walk the property, if you like it, (you already know about any
deficits and problems), you make your offer - which will be pretty close
to the ‘set’ number. Don’t insult the owner. You want to be fair - particularly
if you want to live in the house. Trying to “steal” a property will just
cost you grief, exceeding the number of $$$ you can save. If you don’t
like the house, move on to the next. You will like more houses than you
can buy. Your savings for using this purchase system will be: inflation
by agents of 10-30%, + 6% commission minus your Lawyer fees. A $100,000usd
home can cost you less than $70,000usd. This is only a rough estimate -
the actual savings may depend on how much you want the $65,000usd 3bed/2
bath house in a great neighborhood with a view of the lake.