
Panama investments:
Buying property in Panama is a great as well as safe investment but it’s important to be familiar with the procedures to make sure things go smoothly. The government encourages and welcomes foreigners to purchase/develop real estate in Panama. Foreigners can buy and sell Panamanian property legally and easily, while also having the security of having the same rights and protections as a local Panamanian property owner, according to Law #54. Foreign investors in Panama and the businesses in which they participate in have the same rights and duties as national or local investors and enterprises, including those that refer to the freedom of trade and industry, export and import.
The main types of properties are: Titled Property and Possession Rights Property.
Panama has a very sophisticated Public Registry with a cadastral department that oversees the registration of titled properties in the country and titled property is commonly the most preferred type since it is easily verifiable in the Public Registry and since private property is guaranteed by the Constitution of the Republic of Panama. Titled Properties also generally incur annual property taxes when the registered value is over $30,000. The procedures to acquire Titled Property are the following: (I would recommend hiring an experienced attorney)
1. Promise to Purchase Contract which usually includes a small down payment at the signing of the contract to secure the property, provide enough time for title search, coordinate payment arrangements for the closing and form a corporate property holding structure, if applicable. This contract should be registered with the PR to guarantee that the property can’t be sold to any third parties in the interim prior to the final closing.
2. Title verification at the PR to ensure that the title is legally in the name of the seller and that it’s free and clear of encumbrances, liens, or misc. issues that could affect the free disposition or transfer of the title. Also the Cadastral map survey should be reviewed and in some cases, it’s recommended to have the survey done again to ensure accuracy and to avoid any potential boundary conflicts. Also thirdly I would recommend verification of utility debts (water, electricity, telephone and sewage.)
3. Buy-Sell Contract: This contract is registered at the PR and the seller is paid off in full, or if an escrow agent is used, payment is made once the title is transferred to the name of the buyer.
4. Title Transfer: Ownership is officially transferred to the buyer once the title is transferred to the name of the buyer, which takes place after the Buy-Sell contract is signed and registered at the PR. If the title is in the name of a corporation and the seller agrees to sell the corporation shares, then there is no transfer of title, only a transfer of shares of the corporation.
These steps are necessary for purchase of Rights of Possession over a property.
1. Promise to Purchase Contract like above.
2. Due Diligence is more complex due to the absence of a central database of information on ROP properties.
· Verification of Certification of ROP. This certification should contain the name of owner and accurate description of the property (size, location, limits, all the neighbors, area, boundaries)
· Survey Verification: should be stamped and signed by licensed surveyor/engineer, identifying the name of the possessor and location details.
· Inspection: The most important details to verify are the physical occupation status, no opposition by third parties and good faith. Have the surveyor confirm the points of the land and ensure there are no boundary conflicts with neighbors. I would recommend keeping the land well maintained and fenced to clearly delineate the boundaries of the purchased land.
· Verification of Permit: If the buyer intends to build a marina, airstrip, port etc. it’s necessary to verify if there are restrictions and/or regulations against such a construction.
3. Buy-Sell Contract: See above
4. ROP certification transfer once the ROP certification is transferred to the name of the buyer, as soon as the Buy-Sell Contract is signed by each party. If ROP is in a corporation, then seller agrees to sell the transfer shares and again there is no transfer of ROP certification only the corporation shares are transferred.
Title insurance is available through major international title insurers although Panamanian laws protect foreign investors. And NO property taxes on new construction! The Seller is responsible for a 2% transfer tax and capital gains taxes.
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