 |
| |
Respected clients!
|
| Agencija Sesar –Tips: |
1. How to define the price and sell the property quickly?
The first condition of a successful selling is to define a real (market) price. You don’t undervalue your property because you wouldn’t be able to buy what you want with the money you get from the sale, so you won’t be satisfied. You also shouldn’t overvalue it because you will be selling it for a long time, and if you finally sell it, it will be at much lower price, actually the real (market) price.
The salesmen often define prices according to the price of the house from the neighborhood or according to the price of the property which is sold in the same part of the town. When defining price, you mustn’t forget that the salesman’s house was built 35 years ago, and the neighbour’s house 5 years ago. It has a large house lot, a great room arrangement, better position, new façade, pool, decorated surrounding, and it is built of the most quality materials. Shortly, the house from the neighborhood has everything what salesman’s house objectively doesn’t have, and from that reason their price cannot be identical. House number 1 and house number 2, no matter both are placed in the same neighborhood cannot be sold at the same cost.
Before the announcement of the advert, it would be better that salesman evaluates more precisely the value of his property specifying all mentioned factors (position, time of building, building quality, the arrangement of the space…) because only in that way the success and a quick realization of the selling will be possible. Objectively, the property selling at the real (market) price with the help of the serious agency shouldn’t last for three years, but a few months, because the agencies in best way are presenting properties and realize the selling successfully, but they cannot affect the customer who should decide to buy a property at the salesman’s “desired price”.
If the salesman’s calculation of the price is base on mathematics:” I’m selling a house from 220 m2 with 100 of the house lot for 380 000 KM because I have 100 000 KM of credit which I have to pay, and I would like to buy a flat for my daughter for 50 000 KM, me and my wife need also 100 000KM for the flat, and I would like also to keep at least 130 000 KM. So, I’m going to write 380 000 KM, and then I lower the price for the real customer to 210 000 KM because there is no other possibility.
That isn’t the good way for sure, because it will turn down any serious customer at the very beginning. A serious customer is expecting an announcement of the serious price that can be a little bit for bargain, but he doesn’t expect lowering or rising of the price for 30% or more. A contact between that salesman and a serious customer will never be realized. After a few months, our salesman from the first part of the story, who has defined an unreal price from the beginning, will follow the second phase of his “selling tactics”: “Nobody called me, so next time I’m going to lower for 50 000KM, and after that if nobody called, I would lower the price even more.”
If you want the whole process do in short time, it is good for sure to contact the qualified persons before defining price of your property.
On the other side, there are also some customers who want to buy your property at their “desired” but unreal price, and the salesman of course should not accept this. In the same way that some salesmen overestimate the value of their property, so some customers overestimate the value of the money they want to invest. Those customers are trying to buy with their money a property which is objectively impossible to buy for that amount (it has to be the most beautiful, at the most beautiful place, the top quality of building, the best room arrangement, in the center if possible and with the pool “because you have always wanted that”), bur for 100 000 KM and it still should have something for the new car. We are talking about the unserious customers, those who have been “selling” for years, and unserious customers who have been ”buying” for years.
Neither the salesman’s love for his own property, nor the amount which he needs to solve his financial problems can be built in the selling price. The price also cannot be defined on the basis of the amount “saved” by the customer. There is no advertisement space that can help such group of customers or salesmen to realize their wishes. Their realization is only possible when they pass into the second group.
There is also the second group of the serious salesmen, who sell at the real price, but they have presented badly their property in a small five-word advert, and they are not successful. There is also a group of serious customers, who buy the property at the real price, but in the small five-word advert they cannot recognize a property for themselves.
The agency wants and can connect quickly such customers and salesmen. Because of them we are existing on the market.
Reasons for selling can be a secret, but the property should be presented publicly. Maybe the customer is your neighbour, or someone who is just now visiting our web site in Sarajevo, Wiena or Zagreb. The agency is an excellent solution for all the customers and salesmen from the second group.
Izvor: www.eurovila.hr
TOP |
2. What the agency can do for you?
You have always been wondered:
- What does the agency offer to us?
- What are its obligations to us?
- Why can’t we do the job without it and not pay the commission fee?
The well known thing to all persons participating in the property business is that the agencies “join” customers and salesmen in the selling process, and then they actively participate in the price negotiations, conditions of the property and ownership selling, the payment dynamics. It is also involved in the other details such as the payment of the residence costs, conditions of the buying back, transmission of the phone line, etc.
What are the obligations of the agency regarding the legal services?
The first and basic obligation of the agency is the checking of the land-registry state of the property on the day of the concluding of the contract or the contract about paying a deposit. Both the customer and the salesman should be informed about everything that the competent person (lawyer) finds out about the land-registry state. The legal state should be presented to the clients.
Contracts, certificates and other documents have to be given to the clients in advance, so that they can have enough time to read the documents and pose some questions. In case that there is a kind of litigation among the clients (in the process of the property transfer, buying or ownership among the clients) the agency should use all its experience to solve the problem, and also it should help to solve the case on mutual benefit and recognize the interests of both sides. All the options should be used before the clients are obliged to go to the court. They should be warned that the litigation will be long and expensive.
The praxis showed the property buying without engaging the agency is the most expensive buying, and mostly because it is impossible to check in time land-registry state of the property. In any case, the agency is obliged to give the selling or buying contract on the registration of deeds (land-registry office of the Municipality court) and deliver the tax return of the property transfer.
In terms of “The Ethical codex of the agent in the property business”, the agencies are obliged to protect the interests of their clients following the good business customs “so they mustn’t use the incomplete information and the client’s inexpertness in order to gain the business benefit, or in the intention of defining the price which is not in terms of the market conditions.” Besides that “the agencies are obliged to keep the secrecy of the information delivered to them by their clients and which are strictly confidential.”
At the end, the agencies are still those which mostly find the desired property for us.
Aleksandar Đorđević, dipl. iur.
TOP |
3. What is a piece of land?
It is a part of the area marked in the land-registry with a special number and the name of the land-registry municipality where it is placed. Everything permanently joined with the land on the surface and or under it is an integral part of the land and it shares its legal destiny (except if the law says different).
TOP
|
4. What are land registers?
The land registers are public documents led by the municipality courts and everyone can ask to see them and get the copy or transcript. They have the power of public documents. Someone who has done the job following the instructions of the land registry is legally protected, if he didn’t know or didn’t have reason to doubt that the things recorded there aren’t complete or different from the state outside the land register.
TOP
|
5. What are the basic obligations of parties to a contract?
Parties to a contract (buyer or salesman) determine their rights and obligations through the sale contract. The basic obligations are: the buyer should pay to the salesman the settled selling price and the salesman should enable the buyer to be entered upon the possession of the property and registration of the ownership right, and all that after he had accepted the purchase price.
It is important to mention that parties to a contract all their legal interests put into the contract, everything what is an issue of the mutual agreement (oral) doesn’t produce the legal effect if it is not in the contract.
TOP
|
6. When can you gain the ownership right?
It is important to mention that the buyer doesn’t gain the ownership right by the payment of the selling price, but with registration of that right in the land register.
TOP
|
7. What is “clausula intabulandi”?
The ownership upon a property is gained by the registering of the person who gained the ownership into the land register on the basis of the proclaimed will of the earlier owner, oriented to the fact that his property goes to a person who had gained it.
TOP
|
8. Possession … does not mean the ownership upon the property!?
The terms “possession” and “ownership” are two words the clients are mostly confused with.
The ownership upon the properties acquired on the basis of the legal work is obtained, ended and changed by the registering into land register.
Opposite of that, a possession is “an actual control over the issue.”
A possession can be a) legal b) illegal
So, a possession isn’t the right, and it is not registered into the land register. It represents an actual control over the thing, whose existence and character are stated by the personal insight and besides that by the insight into the land-registry of the local government. It is obtained by the setting up of the actual control over the thing, and it is lost by delivering the thing into the possession of somebody else or leaving of the thing.
For that reason, when buying a property a buyer should be very careful and check whether all household members or leaseholders or third persons placed in property are agreeable to the agreement between the buyer and salesman about the date, dynamics of the property delivery to the buyer, “free from persons and things”, and before everything, whether they know the fact that the property is sold. For the buyer it’s not the solution to get the ownership upon the property by registering it into the land register, and then it turns out that for example the owner and the leaseholder or someone of the household members is participating in the ownership litigation about the mentioned property or the litigation because of the compensation required by the leaseholder from the lessor because of the same extra investments into the property. In both these hypothetical cases the buyer wouldn’t be able to enjoy peacefully the possession of the property.
Let’s conclude: the future buyers of any kind of property should obligatorily check the land registers and who is the real owner of the property they buy.
TOP
|
9. The property buying tax
In Federation of B&H there is the unique tax rate from 5% for all kinds of properties and all kinds of transactions. The tax height is determined by the price from the sale contract and estimation of the tax office where the property is placed. According to law, the tax for property transactions is paid by the buyer or salesman in his name, if they agree.
TOP |
10. A tax in the case of exchanging of properties
In the case of the property exchange, the tax is paid by the party which gains the ownership upon more valuable property and for that difference in value pay 5% for the same property.
TOP
|
11. What is the deadline for paying tax for property transactions in B&H?
The buyer is obliged to offer the concluding of the sale contract, to inform the tax office in 30 days counting from the verification of the contract by the notary. The buyer is also obliged to pay a tax in 15 days from the day of the delivery of a formal decision from the tax office. If he doesn’t pay it in time, the tax office charges for the rate of interest for every day of missing a deadline.
TOP
|
12. What is a deposit?
A deposit is money from about 10% of the value, and it is paid as assign of a seriousness of the business and the real attentions of the property buying.
NA VRH STRANICE
|
13. Is it possible to make a contract about buying or selling properties abroad?
Yes, and it is better to make it in B&H embassy.
It is made and verified by the notary, it is necessary to translate it to our language by the court interpreter.
TOP
|
14. Can the foreigners buy the properties in B&H?
Yes, but under the following conditions:
In order to gain a property, a foreign national must first ask for and then get consent of the Ministry of Foreign Affairs of B&H. Before making decision, this Ministry is asking for opinion the Ministry of Justice. The approval is given if there is a mutuality, actually if B&H citizens can buy a property in the land of the person who is asking for the approval.
The procedure is the following: when they decide to buy a certain property, they make a sale contract with the salesman and it is verified by the notary (a salesman has to verify his signature and it is good if the buyer do the same). All this, together with the verified copy of the buyer’s passport and other needed documents should be delivered to the Ministry of Foreign Affairs.
When they are waiting for the approval from the Ministry of Foreign Affairs, they should do registering of the ownership’s right in the land register based on the sale contract, and all that in order to protect their rights and interests.
The foreign nationals who have a company in B&H don’t need the consent.
NA VRH STRANICE
|
15. Can the foreign nationals sell the properties in B&H?
Yes, they can. All foreign physical and legal persons can sell their properties placed in the area of B&H. the only exceptions are legal persons from the former Yugoslav countries whose problem is going to solve within the negotiation about the succession of SFRJ, actually the war reparations.
TOP
|
|
|
|
|
| |
|
 |
