GRINGOS REGISTER YOUR PROPERTY!!!!!

Buying, Selling, Building, Tax issues, anything regarding real estate or properties in Chile.
Forum rules
NO DISCUSSION OF SPECIFIC REAL ESTATE AGENTS BY NAME, LINK, OR RECOMMENDATION ANYWHERE ON THE CHILE FORUM.
User avatar
admin
Site Admin
Posts: 14590
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby admin » Thu Oct 18, 2012 6:50 pm

You know, every so often in the course of our buisness, we come across another case of something gringos do in Chile that really makes us scratch our head and go 'why the hell would anyone do that'.

Often it is something that it would just never occur to me that it would be a big problem with foreigners in Chile. Then we run in to another case, and another, and another. So, I try to post the warnings as I come across these little nuggets.

Well, we ran in to such a case recently of a (apparently) common mistake that foreigners make in Chile.

There is a large number of foreigners running around that have paid for properties in Chile, signed the buy / sale agreement at the notary, but never registered the title. It would seem like an obvious thing to do, but a lot of gringos don't. Without even really thinking about it too hard, I can think of about a dozen cases we have had over the years. I am sure there are a lot more I have just forgotten about (it is that common a problem).

Sometimes years later they contact us to do it or some other more pressing reason comes around (someone dies), and guess what? The property is gone (e.g. no one was paying the taxes, the seller disappears, someone else registered a title, a bank forecloses, seller looses the title in court, the seller is dead and the family registered it, and so on, and so on).

Typically it is so far after the fact, the statute of limitations have run out on any claims, if you can find someone to bring a claim against.

So, if you are such a gringo that is hanging on to some buy / sale contract in some sort of legal purgatory, REGISTER YOUR TITLE NOW!!!!

When you sign a buy sale contract at a notary, all you are acquiring is the RIGHT to register a title. That is not a title. If you had a particularly crooked seller or agent, they might have very well gone and sold your property again. In fact, that is why they should not have gotten any money until the title was fully registered (competing titles are a whole different legal mess)

First, you should have had a lawyer from the start of the purchase process (real estate agents are not lawyers, and in Chile never trust them to do anything). Second, the lawyer should have registered your title. If you had neither, get a lawyer to register your title NOW!!!

Or, you can just ignore this warning and keep putting it off. In which case, I will be happy to charge you (or your family) a lot of money someday to investigate and tell you that you really don't own a property in Chile.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

weston881
Rank: Chile Forum Citizen
Posts: 92
Joined: Tue May 24, 2011 6:59 pm

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby weston881 » Mon Oct 22, 2012 10:14 pm

I have a question that is related to this matter. A deed in the USA states that the holder is "tenant upon the land", does a Chilean deed say this also?

User avatar
admin
Site Admin
Posts: 14590
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby admin » Tue Oct 23, 2012 9:37 am

no

Does that help?

Chile is not a common law country, that is why you need to register your title. It is likely what also gets foreigners in trouble. Real estate in particular has strict formalities that must be followed to be the owner.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

soyena
Rank: Chile Forum Citizen
Posts: 104
Joined: Tue Mar 02, 2010 1:24 pm

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby soyena » Thu Apr 11, 2013 8:35 pm

What is the word for register title in spanish? Registrar su titulo? is it done at the notaria as well?

User avatar
admin
Site Admin
Posts: 14590
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby admin » Thu Apr 11, 2013 9:05 pm

clarification on that. Notary and registries are normally separated, except in rural areas where there is not sufficient resources or people to justify the separation. Even when there is, sometimes it takes a few decades for the supreme court to get around to separating them.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

User avatar
admin
Site Admin
Posts: 14590
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby admin » Thu Apr 11, 2013 9:41 pm

My favourite little one horse notary / property registry is the chaiten / futa one.

The former owner of the franchise made so much money (think percentage of all the sales for Pumalin park, the futa river frontage, and so on), he sold it and bought the largest registry next to Temuco (the fastest growing suburb of Temuco).

For years there were no lawyers operating in the area. The notary had a standard contract he used for everyone. So, he was lawyer, notary, and registry all in one (conflict of interest does not even start to cover it). The contract had a couple of standard typos that all titles had because of it, but it also had a standard but rather obscure little clause that released him from all responsibility for any errors from the parties signing it.

So, new owner. Only been there a year or two.

Then the volcano blows, the river floods through town. First thing we did when we heard that news was check we had copies of all of our client's titles on file, because rebuilding a registry is a messy long business (they have burned down in the past, but never a volcano / flood disaster). They move it to Futa, and suddenly they got a big problem. Seems that the supreme court decree establishing the notary and registry is geographically tied, and it never occurred to anyone that a registry might need to temporarily relocate to another town. We had a bunch of deals hanging in limbo over that one for a while. What the hell are you suppose to do? All the contract say "Chaiten" on them. Not a common law country.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

Vicki and Greg Lansen
Rank: Chile Forum Citizen
Posts: 2274
Joined: Wed Sep 06, 2006 8:02 pm

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby Vicki and Greg Lansen » Thu Apr 11, 2013 10:11 pm

I believe that with Admins help, our property purchase in the Futa area was properly notarized and registered. Excellent example of why it is important to use competent legal assistance to acquire property in Chile, especially in Patagonia.

soyena
Rank: Chile Forum Citizen
Posts: 104
Joined: Tue Mar 02, 2010 1:24 pm

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby soyena » Thu Apr 11, 2013 11:21 pm

Thanks yall for clarifying, I am actually going to sign the Escritura Compraventa con Mutuo Hipotecario tomorrow morning. It does though state in the escritura that the payments will be made after it's inscrita, so I don't really have much to worry about, right? The bank should take care of it, right?

So nervous as it's my 1st property signing and I don't even have a vale vista but going to pay with my husband's cheque as he's the one buying but he's traveling so I am doing it all on his behalf.

User avatar
logantyler
Rank: Chile Forum Citizen
Posts: 223
Joined: Wed Jan 23, 2013 8:53 pm
Location: Santiago

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby logantyler » Fri Apr 12, 2013 8:17 am

Hey! A good good friend of mine wants to give me his house here in Santiago (long story why) and he is going to go through a fake sale.

Now, with this fake sale, do I get a title? Is there anything I should know about? He is using his lawyer to complete this process.

User avatar
ny_andino
Rank: Chile Forum Citizen
Posts: 68
Joined: Mon Aug 20, 2012 2:02 pm
Location: Santiago, RM

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby ny_andino » Fri Apr 12, 2013 4:32 pm

logantyler wrote:Hey! A good good friend of mine wants to give me his house here in Santiago (long story why) and he is going to go through a fake sale.


Your friend from Lo Barnechea is not perchance a member of the Pinochet family? 8)
There was an article this week in El Mercurio I believe that the Pinochets are disposing of their property in La Dehesa :D

User avatar
logantyler
Rank: Chile Forum Citizen
Posts: 223
Joined: Wed Jan 23, 2013 8:53 pm
Location: Santiago

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby logantyler » Fri Apr 12, 2013 5:51 pm

ny_andino wrote:
logantyler wrote:Hey! A good good friend of mine wants to give me his house here in Santiago (long story why) and he is going to go through a fake sale.


Your friend from Lo Barnechea is not perchance a member of the Pinochet family? 8)
There was an article this week in El Mercurio I believe that the Pinochets are disposing of their property in La Dehesa :D


Haha! No, he isn't related with Pinochet in any way :)

User avatar
admin
Site Admin
Posts: 14590
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: GRINGOS REGISTER YOUR PROPERTY!!!!!

Postby admin » Wed Jul 03, 2013 11:02 pm

That has to be the most useless troll post on this forum.

Did you bother to read what this forum is about?

It's for foreigners!!!!!!!!!

They dont have mortgages.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.


Return to “Chile Real Estate, Property, and Construction”

Who is online

Users browsing this forum: No registered users and 3 guests