buying real estate in Panama Archives | Panama Relocation Tours

May 7, 2018 By Jackie Lange 11 Comments

The Real Estate Closing From Hell

Since the mid-1990s I’ve been buying and selling real estate as an investor. So, I’m no stranger to real estate closings.

Jackie Lange Real Estate — This is the house I bought

In Panama, I’ve purchased several properties and the closings all went very smoothly. That all changed this month when I wrote a contract to buy a house for cash and close in a few weeks. Sounds simple enough – right?

Not so fast! TIP = This is Panama

In Panama, it is customary and advised that your attorney creates the purchase contract and all closing documents. For titled properties, there is always a FINCA number. Once your attorney has the FINCA number they can do a quick title search to verify that the person selling you the property is really the owner and find out of there is a mortgage or any back taxes. The seller had a survey so a lot of information needed for the contract was on the survey – like how much land I got with the house.

The property I am buying was all clear, so my attorney prepared the purchase contract. The seller and I both signed and I paid him earnest money directly.

There are no title companies or escrow offices in Panama. Instead you close at an official Notary. But before you can close a titled property, the seller needs to show a receipt that the 2% transfer tax and the 3% capital gains tax has been paid. Since the Seller works, I hired my Panama CPA to take care of the payment of the taxes. He got a notarized letter from the seller authorizing him to pay the taxes.

But before you can pay the taxes, it is necessary to get a statement from the DGI (taxing authority) about how much you owe based on the sales price. To get that statement, the DGI needs a NIT number (tax identification number) for the property. Apparently, this property, which was purchased more than 30 years ago, did not have a NIT number so my CPA had to apply for one.

After 7 days, my CPA finally gets the NIT number and presents it to the DGI. One of the delays was a Panama holiday in the middle of the process. There are a LOT of Panama holidays and the whole country shuts down to party.

Finally, the taxes got paid.

With the receipts for taxes paid, my attorney could prepare the closing documents then send to me by courier to Boquete the next day.

The documents were supposed to arrive at Uno Express by 10am. But they did not arrive until almost noon.

With closing documents in hand, I drove 30 minutes to David to meet the seller to sign everything at the Primary Notary. When I arrived, the seller is there with his Mom, Dad and sister for the “big event”. A friend met us there too because we planned to go out to lunch after closing.

The whole closing process should take about 30 minutes. Remember, I’ve done this many times before and it was always quick and easy.

But not this time.

A 20-something kid who works at the Notary comes out to tell us that because the closing documents were prepared by an attorney in Panama City, he needed to see an authorization (email is ok) from a Notary in Panama City that the documents could be signed in David. This has never happened before!

I call my attorney in Panama City who tried to talk some sense in to the kid to no avail. So, my attorney goes to the Notary’s office by her only to find out he is out to lunch at 2pm and they don’t know when, or if, he will be back that day. (It’s Friday so maybe he decided to take off early).

My attorney suggests that we go to Notary #2 in David. Luckily, it is only 5 minutes away. We, all 6 of us, arrive only to find out that the Notary #2 has already gone home for the day.

So, we, all 6 of us, drive to Notary #3 in David.

I’m following the seller and trying to keep up with him. I turned left on a road that I thought was a one-way road only to find it is a two-way road. Yikes! I cut in front of a taxi (they cut in front of me many times). But, this time, there is a cop right behind the taxi. He pulls me over to give me a lecture in Spanish about safe driving. Luckily, I did not get a ticket.

Finally, we all arrive at Notary #3. The documents are signed and a fingerprint next to the signature. Then we wait and wait for all the stamps. You cannot have any kind of an official document in Panama without a lot of stamps all over it.

I felt so bad that the seller and his whole family had to wait so long and had to drive all over town to get this closed, so I gave them $100 to go out to dinner.

My friend and I went to TGIF for a margaritas and dinner.

What an ordeal!

Finally, I bought a great property which I plan to fix up then resell to hopefully make a nice profit. The house is on a really big lot which I may subdivide so I can build another house on the other lot.

Lessons learned on this one – I should have let my attorney in Panama City take care of getting the taxes paid. Getting just about anything done in Panama requires going to an office in Panama City. Trying to get a NIT number, or anything else, from anywhere but Panama City causes unnecessary delays and frustration.

July 28, 2017 By Jackie Lange Leave a Comment

Avoid Unscrupulous Real Estate Agents in Panama

I’ve been a real estate investor for more than 20 years and have bought and sold hundreds of properties so I know real estate. But in Panama the whole process of buying and selling are completely different.

You should know that only a Panamanian can be a licensed real estate agent or broker. Foreigners can sell real estate but are considered a “consultant” or associate. A foreigner cannot prepare any contracts or other paperwork for the purchase or sale of real estate.

Any foreigner who is working in Panama or selling real estate is required to have a work permit. If you’re working with an expat (foreigner) to buy or sell real estate, you should ask to see their work permit to verify that they are working legally. An owner can sell their own real estate without having a work permit… unless they have made a business out of buying and selling real estate then they need a work permit.

If a foreigner is advertising that they have a “real estate agency” in Panama, it’s an illegal operation. Chances are they do not have a work permit either. It is better to work with companies and sales people are work legally in Panama and avoid those who are not.

Neither the Panamanians nor the foreigners who sell real estate or help you buy real estate are obligated to a fiduciary responsibility. A fiduciary responsibility means that they will put your interest above their own. It’s not required in Panama though some honest real estate agents/consultants do put your interest first and foremost. Others will say and do anything to get the sale and their commission.

Some agents, but certainly not all, will put their commission above your best interest. (see the examples below) That’s why it is important to always have your OWN attorney do a title search and create the purchase contract. Your attorney can also give you advice about what is needed to successfully buy real estate in Panama. Unfortunately, many real estate sales people will not tell you that:

♦ You should always get the property inspected
♦ You should get the septic and water systems inspected
♦ You should verify that there is a Certificate of Occupancy filed
♦ You should verify that all taxes have been paid (even if in a corporation)
♦ Be aware of the pros, cons and dangers of Right of Possession property
♦ 5% capital gains tax (on full sales price) even if a corporation
♦ Review the survey to verify what you are buying
♦ If there is a tax exemption, it needs to be transferred to you
♦ The best way to take title for your situation

Your attorney will make sure that your interest is protected before any contracts are signed, money changes hands or title is transferred. Most likely, all contracts and other documents will be in Spanish. Unless you are fluent in Spanish it is especially important to get YOUR attorney to create, or at least review, all documents. Do not trust what someone other than your attorney says the documents say.

Closings are handled in a completely different way in Panama. There are no title companies or escrow offices. It is customary to give the seller 3-5% down when the contract is signed (it’s not held in escrow) so it is imperative that your attorney is involved before any money changes hands. Your attorney should not be the same attorney as the seller’s attorney or the real estate sales person’s attorney. You need to have an attorney who represents you and your interest. Your attorney will prepare the closing documents, then you and the seller will go to a notary to sign everything. Your attorney will record the documents once everything is notarized. There are slight variations for right of possession properties.

Titled Versus Right of Possession Property

Not all property in Panama is titled. If you are considering buying a property, you should ask the seller or the real estate sales person for the FiNCA (farm) number. With the Finca number, your attorney can do a title search to verify that the person selling you the property is really the owner(s), can determine if there is a mortgage, the balance of the mortgage, if the payments are current, and if all taxes have been paid.

If the seller cannot supply you with a Finca number it is probably a “right of possession” property, meaning there is no title. These properties are usually priced much less than titled property. Because it is not titled, you are taking the risks that someone could come along later claiming that the property has been in their family for years. At that point, you lose your home and all the money you invested. It rarely happens but it does happen.

Right of possession property can be titled but the process takes about 5 years about costs about $6,000 to $100,000. I know some people who have been trying to get their property titled for 10 years with no success. I also know people who lost $10,000s of $100,000s of dollars buying right of possession property. And I know people who have purchased right of possession property with no problems. If you do buy right of possession property, you still need to get your attorney to review all the documents that the seller has to claim their ownership of the property. Get your attorney to review the survey to verify what you are buying. Buyer beware of right of possession property.

Not all right of possession property can be built on. If you plan to build, verify that you can get a building permit before you give anyone any money. If there is a current building on the property, verify that it is legal and can stay.

If you buy titled property, you can avoid any right of possession problems because there is a clear and recorded chain of title.

Tax Exoneration – No Property Taxes

In 2008 the government stimulated the real estate industry by promising a 20-year tax exoneration for properties which were built prior to January 1, 2012. This tax exoneration, which only applies to titled property, can be transferred from one owner to the next. But you should be aware that the tax exoneration only applies to the improvements or construction. You will still need to pay taxes on the land.

The tax exoneration rules changed in 2012. You still get a break on property taxes for houses or condos built after 2012 but not a 20 year tax exemption. Depending on the price, the tax exoneration could be for 15 years to as little as 5 years.

A right of possession property has no property taxes currently. That’s a plus. But the government is talking about requiring all right of possession property owners to title their property which could cost $6,000 to $100,000 depending on the size of the property.

How To Take Title

In Panama, it is not customary to take title to a property in your own name. Instead, you would take title in the name of a corporation or a foundation. There are several reasons this is done including, hiding who the shareholders are for asset protection but also for estate planning. Some agents will tell you that you do not have to pay capital gains taxes if you just buy the shares of the corporation instead of the real estate. This is not accurate. If the seller does not pay the capital gains taxes when the property is sold, you could get stuck with the bill later.

There are pros and cons to taking title in a corporation. The biggest “pros” are asset protection and estate planning. You could avoid probate too. The biggest “cons” are the upfront cost in setting up a corporation which can be $1,000 to $1500 depending on which attorney you are working with. But there is also a $350 to $450 annual renewal fee to keep the corporation alive. Plus all corporations are required to file a tax return in Panama which can cost $250 each. If you’re a US citizen, you will also have to report the “offshore corporation” to the IRS. If you take title in your own name, you can avoid these additional costs.

When you set up your corporation, do not let your attorney be the President or any other officer of the corporation. They will charge extra fees each year to do this. I know one person who’s attorney, acting as President of the corporation, put several properties that he did not own up as collateral for a $3,000,000 loan. This was only discovered when the owner was selling the property and the mortgage popped up. The person who actually owned the properties did not authorize the attorney do use the properties as collateral to get a multi-million dollar loan. Yes, there are unscrupulous lawyers in Panama, and every country, too.

Easy to Buy, Not So Easy To Sell

If a property is priced right it will usually sell within 30-60 days. But because there is no way to know what the right sales price is, most properties are not priced right. You cannot go by what other people are asking for their property. Generally houses priced under $150,000 sell faster. Anything priced over $500,000 could take two or three years to sell. Some houses have been on the market and priced too high for more than 5 years – yet the sellers refuse to lower their price. It’s crazy!

Some sellers try to justify their sales price based on replacement cost but that is not an accurate way to price properties in Panama because building costs vary considerably.

What If You Die

An important thing to take in to consideration when buying properties in Panama is what happens if you die. Your Panama Will can spell out who will get the property. (Yes, you need a Will in Panama too) If your heirs do not live in Panama it will be a major hassle for them to liquidate your estate in Panama. Your Will should make recommendations on who to use to sell the property otherwise your heirs could get taken advantage of by unscrupulous real estate agents.

Depending on our age, it may make more sense to just rent the whole time you live in Panama.

Good Reasons to Buy

If you are in good health and plan to live in Panama for more than five years, it may make more sense to buy a house if you can pay cash. Then you won’t need to worry about your rent going up.

If you find your dream home and it is priced well below market, it may make more sense to buy instead of renting.

You may want to buy rental properties. There is always a need for more rentals. But you should understand that rents are extremely low in Panama compared to North America or Europe. A typical house worth $125,000 in Panama will only rent for $700 a month – furnished and all bills paid. So your ROI may not be as good as you could get with other investments. You will need to buy way below market for this to make sense. Good property managers are hard to find so it is best to only buy rentals if you plan to live in Panama full time.

If you’d like to build a green house so you can grow your own vegetables, it may be necessary to buy.

Some towns in Panama have more “upside potential” than others. These towns are usually more run down and have fewer expats so they are priced lower than other areas. Their is a chance — a risky chance – that the town will improve and more expats will move in which could – could – cause the property prices to go up. It certainly won’t happen fast though. You should plan on at least five to ten years for prices to go up. Keep in mind that if you need to sell quickly, you may not be able to sell for what you paid for the property. It takes much longer to sell in these type areas. You could lose money speculating on an upside potential.

Some other things you should take in to consideration before buying in Panama:

If you have health problems you need to know where the closest medical facility is located and how long it will take to get there. It may be better to rent instead of buying.

You will need to determine where the closest grocery store is located and if they have the items you need.

If you travel a lot, you’ll want to be close to an airport.

You may not be able to get fast internet or any internet or cable tv service in some areas.

You’re not just buying a house, you’re buying a neighborhood so it’s important that the surrounding houses are of equal or greater value to yours or you will have a very hard time selling later.

Because there is not a good MLS system in Panama, it is very difficult to determine value. You should not rely on what the real estate sales person or the seller tells you: instead, you should do your own due diligence.

Rent First!

I highly recommend that you rent for at least 6 to 12 months before you even think about buying anything in Panama. In that time, you can be sure you like the area. You will have time to keep track of the sales price of homes in the area so you will know the “right” price to pay when you do decide to buy. During the 6-12 months that you rent, you will get to know a lot of people and get referrals for good and honest real estate agents and consultants. You’ll also likely hear about a few sales people to stay away from. You may hear about a hot deal before it is listed with a real estate agent.

Speaking of listings… many properties you see for sale do not have an exclusive listing with one agent or company. Instead, the seller has told all the real estate sales people in town that they will pay a commission to whoever brings a qualified buyer. With this arrangement, you are likely to see the same property at many different prices on many different real estate websites.

If you are from Canada, do not assume you can trust real estate sales people from Canada. If you are from the USA, do not assume you can trust real estate sales people from the US. Ditto from Europe, etc.

Panamanians are excellent real estate agents! There are a lot of really good expat real estate sales people.

If a real estate sales person goes to church, claims to be a Christian, frequents the Panama forums or Panama Facebook groups, it is NOT a sign that they are trustworthy… the could be just trolling for the next sale/commission.

Getting a mortgage is more difficult in Panama but it can be done. You’ll need at least 20-30% down. And you’ll be required to get a life insurance policy for the amount of the loan and name the bank as the beneficiary so they get their money one way or the other. Most loans will require payment in full by the time you turn 70 years old. Some builders offer short term (5 year) seller financing.

There are a lot of really great real estate agents and sales people in Panama. You’ll meet some of them during a Panama Relocation Tour. But there are also some unscrupulous real estate sales people in Panama too.

Here are a few examples of unscrupulous expat (foreigner) real estate sales person activities:

Case #1: David (not his real name) was caught selling the same property to three different people and collecting a non-refundable deposit from each. He also managed properties and was caught telling the 0ut-of-town owners that the tenant did not pay but actually put the rent in his pocket.

Case #2: An auction company signed a contract to sell a large property as an absolute auction which means the property would be sold to the highest bidder regardless of price. But the auction failed to do much marketing and had no directional signs to even find the property. They brought in their own buyers who got a $2,000,000 property for $750,000.

Case #3: A couple came on my Panama Relocation Tour. The husband was in his 80s and had to use oxygen. They decided to move to Panama and despite my warnings to rent for at least 6-12 months (or forever), they got hooked up with an expat who convinced them that they should buy instead. The property was way off the beaten path and not near a hospital. The expat sales person convinced the buyers that the house was priced $200,000 below market even though it was not. She told the buyers that the sellers were motivated and the house only needed cosmetic repairs. Because the buyers were working with an expat, they thought they could trust her. The expat sales person did not recommend a property inspection or any other due diligence. She just wanted the sale to happen as fast as possible so she could get her $15,000 commission.

The sales person should have said, because of your health conditions, it would be better to buy a property closer to a hospital or at least closer to fast ambulance service. But no…. this sales person was only looking out for her own interest and commission.

After the sale, the buyers found out there was severe drainage problems and a leaking roof in addition to many other problems. The house needs extensive repairs, not cosmetic repairs.

No one should convince an 80 year old person who needs to use oxygen to buy a house out in the middle of no place. It’s just wrong.

Sadly, a few weeks after the buyers moved in to the house the husband had a medical emergency. It took a long time to get him to a hospital and he died.

This could have all been avoided if the expat real estate sales person were more concerned with the buyer’s best interest instead of her own.

It may sound like the wild wild west when it comes to buying real estate in Panama. It is certainly different. The unscrupulous problems mentioned could happen anywhere!

Don’t leave your brains at the border!

When you see that gorgeous ocean or mountain view and a house priced much less than you’d pay where you live now, don’t get so excited about the opportunity that you forgot to do the normal due diligence before buying real estate. Always get the property inspected. Never sign any documents or give anyone any money until your attorney has had a chance to review everything.

One other word of caution – don’t buy real estate then leave town trusting someone else to get repairs done or to build your house. You should be present while a house is being built or when repairs are being done. It is especially important to be “at” the property if it is right of possession. If someone else moves in while you are gone, you could have a hard time getting them out because the right to the property is who is in possession.

NOTE: Panama Relocation Tours does not sell real estate. During a tour we will show you several rental properties just so you can get a general idea of what you get for your money in different areas and different price points.

February 17, 2017 By Jackie Lange 4 Comments

9 Mistakes New Expats Make in Panama

Moving to a foreign country is a whole new experience for many people. Living in Panama is not like living in the United States, Canada or Europe. Some things are similar but many things are done in a very different way. For a smooth transition to your new life in Panama, learn the 9 biggest mistakes new expats make when moving to, or planning to move to, Panama. If you avoid these mistakes, you will have a pleasant experience in Panama.

1.Relying on people in expat forums for advice on moving: TripAdvisor is great for looking for hotels when on vacation, but when moving to a foreign country it can be dangerous to rely on information on expat forums. You really don’t know who the person posting really is or if they even live, or have ever lived, in Panama. Many of the people who post on expat forums are new to Panama too so they are not your best source for information. You’ll get a lot of conflicting information which can cause confusion. Some people who post on expat forums have a hidden agenda to sell you real estate, illegal financial services, or something else. You should never, ever discuss your financial situation on forums.

2. Becoming too friendly with the locals too fast: Panamanians are genuinely friendly people. Expats are friendly too. It’s great to visit with locals at a restaurant, bar or charity events, but don’t tell people where you live or invite them to your home until you get to know them well. Don’t tell anyone how much money you have or what your monthly pension is. It’s best not to flash fancy jewelry. Sadly, even at church, you can’t trust everyone because some people go to church just so they can make friends with people they think have money then they turn on their sob stories to extract as much of your money from you as they can. Avoid people who claim to have a special way you can hide money from your government.

3. Don’t rush to buying real estate: I tell everyone on Panama Relocation Tours that they should rent for at least 6-12 months before they even think about buying real estate. There are several reasons for this. You need to make sure you like living in Panama and the Panamanian culture before you buy real estate. Also, Panama has a lot of different micro-climates. The weather can be completely different just a few kilometers away. Some areas get more rain or cloud cover than others. Some areas have more water problems than the rest of Panama. Some areas cannot get reliable or fast internet service. Friends who rented a condo by the beach were shocked to find out that many of the units are rented by the night so it felt like living in a hotel with a constant stream of strangers coming and going. Before you jump in to buying in a certain area, you need to make sure you like that area. Rent for 1-2 months to give each area a test drive before you sign a long term lease or buy. Also, keep in mind that rents are super cheap compared to buying so it may make more sense to just rent while you live in Panama. You can get out of a rental a lot faster than you can sell a property you buy. If you do decide to buy, always, use your attorney to do a title search and create the purchase contract with your best interest in mind. Understand that not all properties are titled in Panama. Some properties are ROP (right of possession) which has no title and could be disputed which would result in your losing the money you paid for the property.

4. Don’t move to Panama without visiting first: This is a biggie! People who just move to Panama without visiting first, almost always end of leaving within 6 months. They had no clue what they were getting in to. If you’re married, both of you need to check out various areas of Panama before you make the move. We designed Panama Relocation Tours to give you a good overview of the kind of lifestyle Panama has to offer in a variety of different places. So, we think the tour is the ideal way to discover if Panama is right for you. You’ll also learn about Residency Visa options, bringing your pet in to the country, renting a house, buying a car, and much more. Sure, you could fly to Panama, rent a car, then explore Panama on your own. Either way, come see many different areas of Panama before you decide to make the move.

5. Don’t get too involved with too many different things: When you move to Panama, it is tempting to get involved with every charity, card game, painting class, cooking class, and hiking group you can find. This is a great way to meet fellow expats and Panamanians too. But you may find that by the end of the week you are exhausted. It is better to pace yourself. Give yourself time to get settled in to your new home and town before you get involved in too many activities. Sometimes it’s nice to just sit on the porch sipping coffee (or wine) and taking in the amazing views. It’s time to relax. You don’t need to be busy every minute!

6. Don’t sit at home watching TV: Politics have made some people so furious that they stayed glued to the TV to see what’s going to happen next. There’s nothing you can do about it when you live in Panama. So turn off the tv, especially the news, and get out to meet people in your new town. Get involved in some of the local activities (not too many). You’ll enjoy your life in Panama much more if you get out of the house, meet people, and get involved in some of the local activities like live music at local restaurants or volunteering.

7. Don’t expect Panamanians to speak English: Some do speak fluent English, but others don’t. Don’t get frustrated with Panamanians who don’t speak English. It’s not their fault. You’re living in “their” country so it is your job to learn at least some of their language. DuoLingo.com will teach you a few words every day.. for free. There are also Spanish classes and private tutors. I have to admit that I don’t speak much Spanish but I know enough to get by just fine. A little Spanish and a big smile go a long way in Panama. If necessary, you can hire a translator to go with you to help with some things.

8. Don’t get the wrong Visa or plan to do border hops: If you’re going to live in Panama, get a residency Visa. The Pensionado Visa is ideal if you plan to be retired. With a Pensionado Visa you cannot sell a product or any service in Panama, not even part time. If you want to work, the Friendly Nations Visa is ideal for you. Panama makes it easy to get a residency Visa so there is no reason to live in Panama without getting a Visa. Nothing upsets Panamanians more than seeing “gringos” working who are not legally allowed to work or seeing expats living in Panama full time who don’t have a residency Visa.

9. Don’t start a business too soon: Instead of starting a business right away, it is better to move to Panama then do a lot of market research to determine if the product or service or restaurant you want to open is even needed – and what your pricing structure should be. The business you have in your country may not work well in Panama. Some “gringos” open a restaurant a few months after they move to Panama charging twice what other restaurants charge then wonder why they don’t have any business. You need to consult with an attorney to make sure you can legally run the business you have in mind. Get the appropriate Residency Visa with a Work Permit (you cannot work in Panama without a Work Permit). You’ll need to set up a corporation, get a RUC number (tax id number), hire an accountant, set up a business bank account, get a merchant account so you can accept credit cards, and perhaps other licenses or certificates depending on your business. Foreigners are not allowed to operate some businesses.

Panama Relocation Tours is the expert when it comes to helping people relocate to Panama. We’ve helped hundreds of people make a smooth and easy transition to life in Panama. We feel that educating people about the pros and cons of each area in Panama helps them make a decision about which area is best for their personal needs and lifestyle. During the tours, we reveal exactly what you need to do before you make the move and once you arrive in Panama. This takes the stress away.

Because of this education, 37% of the people who come on a Panama Relocation Tour move to Panama within 3-6 months. Another 10% move within a year. And another 10% of tour attendees move to Panama within 2 years. Yes, 57% of people who come on a Panama Relocation Tour move to Panama!
Let us help you take the guess work and confusion out of relocating to Panama, join us for a Panama Relocation Tour this year.