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Thread: Building villa but don't own the land.

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    Default Building villa but don't own the land.

    Hi everyone. I am new to this forum and I am hoping that there is someone that can help me with a few questions I have. My husband and I have recently been offered some land to build on in Ubud by a very good balinese friend. At first we were asking her questions about buying land and where the best place would be to buy etc. etc.. and as it turned out she her family have quite a bit of land and she has been given some. As she could never afford to build on that land she made the suggestion that she provides the land, we build a villa on it and we go 50/50 on all costs/profits. It does seem like a very good offer and she is very keen to get legal documents drawn up to protect both parties. Could anyone offer any suggestions as to whether it is possible to legally cover this type of situation whereby we would own the villa and she would own the land and also can anyone offer the name of any lawyers in Bali that I could consult on the matter. Thank you kindly.

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    Default Re: Building villa but don't own the land.

    I have some land on Lombok I would also be happy to let you build a villa on for 50/50 profits :lol: :wink:
    http://www.mimpimanis.com/

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    Default Re: Building villa but don't own the land.

    Hmmm, sounds like a good deal for her. There was a good thread a while back about how someone lost their house to a "friend". Sorry, don't have the time now to find the thread.
    Give a man a fish and he will eat for a day. Teach a man to fish and he will sit in a boat drinking beer all day.

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    Default Re: Building villa but don't own the land.

    Yes I think it is a very good deal for her, although she is building and running the villa and her land value is 3 times as much as the money we're putting in so we were quite happy with that arrangement. I just want to know that we can legally tie it up so that we won't lose the property. Spicyayam I did read that post about a 'friend' who took the house and now I can't find it, but I'm pretty sure that there wasn't any legal documents involved. Please correct me if I'm wrong about that as my memory doesn't really serve me that well of late.

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    Addicted spicyayam's Avatar
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    Default Re: Building villa but don't own the land.

    Here's the thread. Google works better than the forum's search feature.

    http://balipod.com/business-bali-f21...bud-t1166.html
    Give a man a fish and he will eat for a day. Teach a man to fish and he will sit in a boat drinking beer all day.

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    Default Re: Building villa but don't own the land.

    At first reading it didn't sound too bad but once I thought about it the whole thing is a recipe for disaster - let me count the ways and sorry to be so negative but if you want good news go to FOX.

    Quote Originally Posted by Ashta
    she has been given some. As she could never afford to build on that land she made the suggestion that she provides the land,
    Whose name is the land register in? If it's hers then OK, if it's still in the family's name WATCHIT. Any brother can come along later and say he didn't agree so it's all null and void. Note the term "brother", men are much more equal here than others, so your good friend being a woman has immediate disadvantages to the deal anyway.

    Quote Originally Posted by Ashta
    we build a villa on it and we go 50/50 on all costs/profits
    How you going to do this? Say each put $50k into an escrow account at the local lawyer's offices - who picks the lawyer? How do you get the money to pay running costs? Are you building or is your "friend"? If your "friend" then how are you controlling it all - through receipts? Good luck! If your friend doesn't have enough to build how can she go 50/50?

    Quote Originally Posted by Ashta
    any suggestions as to whether it is possible to legally cover this type of situation whereby we would own the villa and she would own the land
    Get her to agree to a 25 year lease on the land with yourselves as sole owners/leasees and to participate in the 50/50 deal get her to waive the lease fee completely and you pay for the building of the house with the 50/50 profit split written in to the contract as finders fee for sale. You pick the Notary/lawyer in Ubud there are enough.

    Be careful! Good luck.

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    Default Re: Building villa but don't own the land.

    Thanks for the advice Markit,

    From my understanding the land is in her mums name and she was going to get legal documents drawn up between her and her mum. Maybe thats to avoid the rest of those family dramas you mentioned?? I was actually unaware that the family could null and void a legal contract so that's a little concerning. I'm heading to Bali this week to see what sort of legal agreement we can come to. Here's hoping.

    Ashta

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    Default Re: Building villa but don't own the land.

    her land value is 3 times as much as the money we're putting in
    At least where I am living, land is still quite cheap relative to the building cost. Be careful how your friend estimates the building cost. There could be a very big difference in the costs in building the type of villa you want and a typical Balinese house.

    The questions I would be asking myself:

    - How well do I really know this person?
    - Do they have any debts?
    - Would you build a house on someone else's land in your own country? Someone that you met on holiday?
    - Why not just buy the land from your friend?
    - What's your motivation for building the villa? To make money? To help your friend out?
    - Is the owner of the land really your friend's mother?
    - How are you going to manage the build?
    - And so on...

    I am sorry for being cynical but I have met well meaning foreigners here who went into business with locals and while they may not have lost money, the local partner is not being 100% honest. Other locals who have at least to my knowledge been very honest, but the business deal hasn't worked exactly as planned. Nothing like the disaster that the woman in Ubud had, but nonetheless quite different expectations in the deal.
    Give a man a fish and he will eat for a day. Teach a man to fish and he will sit in a boat drinking beer all day.

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    Default Hati Hati

    I would't do it. I got caught once but was lucky to get away without losing to much (compared to what I had invested). And that was me doing business with the family of my Balinese wife! I have to say though, they got screwed even more than me because there was a third party involved.

    Either way, be careful. Good friend, family, stranger ... all the same risk. Even if you do everything legal and go through a notary, they will mostly favour your Indonesian friend if things go wrong.

    As already mentioned before, why don't you buy / lease the land?

    I wish I could be more positive but I just want to warn from what I have experienced.

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    let me tell you that I been in there and family and friends dont mix with business, you can make friends in business but is very hard to do business with your friend, only if evry body in side knows that business its business and friendship its another thing.
    be very careful as your friend may not undestand business the way you do
    good luck

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