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Thread: Cost of notaris

  1. #11
    Addicted Markit's Avatar
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    Default Re: Cost of notaris

    Please also note that the notary fees are based on what you and the seller agree to tell the notary the sale price is.

    This isn't necessarily to screw the notary but the value of the land you are buying bears on the value of the sellers remaining property in the same area and therefore he may have an interest in keeping the value as low as possible due to his own taxation concerns.

    This can have the effect that on sale day you pay your seller at the notary only a portion of the sale price and then have to settle up the rest outside or at a later date.

    Personally I hate this but see no way around it if the seller demands that you partake of his scheme and land in this way.

  2. #12
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    Default Re: Cost of notaris

    Hi Markit...
    The way around it is....DONT DO IT, hihihi. As the notary works for the buyer and not for the seller, it's the buyer who makes the rules :wink: . If the seller doesn't want to play ball, find another piece of land with a different seller. It's too complicated and asking for trouble, as foreigners use a nominee who supposed to get 5% of the selling price, but that 5% is based on the amount mentioned in contract 1 and 2. If in the future want to sell your property, thats also based on the contracts. So paying money to the seller "around" any contracts, is not a smart thing to do.
    As far as I know(according to that little piece of paper what I have to bring to the tax-office), the taxes on land are categorisied and the majority if not all the land is underpriced, for taxreasons indeed. However this has no influence on asking/selling price of the land in question.
    Friendly greetings, Gilbert.
    don't read between the lines..i think the words are clear enough...:)

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    Addicted Markit's Avatar
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    Default Re: Cost of notaris

    Gilbert it's probably sound advice but once you've spent a long time looking for that perfect piece of paradise you don't throw it away quite that easily and to be honest I don't think that Bali is a buyers market yet (like pretty much all the rest of the planet is now) and that alternative pieces of land are not that handy.

    Quote Originally Posted by gilbert de jong
    as foreigners use a nominee who supposed to get 5% of the selling price, but that 5% is based on the amount mentioned in contract 1 and 2
    You make this statement as if it was written in stone somewhere - the nominee agreement that is made is completely freely constructed, it can make any or no monetary stipulations and is not bound to any other contract or agreement - completely free standing on its own merits.

    Quote Originally Posted by gilbert de jong
    If in the future want to sell your property, thats also based on the contracts.
    Agreed but that has nothing at all to do with any previous agreements that may have been made.

    In a sellers market or if you are trying to buy a special piece of dirt you need to way up a lot of different things before you buy. Some are easy (view, access, price) some are of a more emotional quality (atmosphere, feeling, levels of angst you are willing to put up with to get what you want) but in the end it's a balance of all those that make it worth it - or not :roll:

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    Default Re: Cost of notaris

    Hi markit,
    Depending on at what one is looking for, there are alot of good patches of land,with or without a villa on it. The problem could however be,the budget of the buyer.
    About the nominee-usage, like I said SUPPOSE to get 5 % :wink: . The mentioning of contract 1, is the contract where it says giving the nominee X amount of cash, for purchasing the land in question(Area,desa,size), Contract 2, is the contract where he/she(nominee) gives you all the rights to that land(Area,desa,size) purchased for X amount.
    Your statement that a nominee contract stands in his own merrit (without being bonded to a certificate) makes no sense to me. Maybe I don't understand what you mean, but my nominee contracts are all connected to the other contracts. I mean what good is it to have a nominee contract if it's not connected to the certificate, or the "right of use" contract,"right to build", etcetc..?
    I also would like to know what you mean with " previous made agreements"? If selling your property.
    Thanks in forehand for your answers Markit.
    Ofcourse I agree it can be hard not to buy that piece of land which one has set his mind on, but I get a chill down my back if a seller wants to receive payments outside of any contracts...Makes me wonder if he/she has some financial problem, or doesnt want the other familymembers to share with all the money, hahaha.And like I said there are alot of pieces of bali for sale, just have to keep looking/searching for that piece which can be bought hassle free and suits ones wishes.
    Thanks again...Friendly greetings, Gilbert.
    don't read between the lines..i think the words are clear enough...:)

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    Default Re: Cost of notaris

    Hello Gilbert,

    I thought that a notaris is suppose to act in an unbiased way,
    example; not for the buyer nor for the seller.

    That is why we need the lawyer.

    ?

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    Default Re: Cost of notaris

    Hi chilli,

    The way I see it and meant to say it is as follows...The one who pays, thats the one who he works for.
    It's also the buyer who chooses which notary to use. Therefor it's more the buyer's notary then the sellers notary. At least that's my humble opinion.
    I don't want to start a whole debate about the difference of notary and lawyer here, as that is been written about somewhere else on this forum, but you say " That's why we need the lawyer ", I don't understand why we would need a lawyer for :oops: . Is that for the reason of faulty contracts, I mean if contracts are made by the notary to have a lawyer take a look at the contracts?
    Thanks, Friendly greetings......Gilbert.
    don't read between the lines..i think the words are clear enough...:)

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    Hello,

    I am ready now to sell our houuse and have to pay not the notaris-costs but the tax for sale. I have been told by an agent that I have to pay 5% of the amount from that I have to pay
    my yearly tax.
    That means 5% of the" UJOP untuk penghitungan PBB" as stated in the yearly invoice of the Kantor Wilayah. For instance 220 juta.
    Now the notaris said that is not true and set a higher amount below the salesprice, but 400 juta. Is that correct, or has the "friendly" neighbour his hands in that game. He already wants
    3% commission on the sales price, only for naming an interested buyer. I have the feeling that there is something wrong?

    Who can tell me the real amount from what the sales-tax has to be payed. And must only the seller pay this tax or also the buyer?

    johannes

  8. #18
    Regular lumumba's Avatar
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    Default

    Now the notaris said that is not true and set a higher amount below the salesprice, but 400 juta.
    NO WAY. I just sold one of my houses in Bandung (west Java) and the tax was based on the Government Value of the property which was/is 275.000.000. Our notary recommends us to increase to 280.000.000 (ONLY 5.000.000 more)


    Notary said that not true.



    that I have to pay 5% of the amount from that I have to pay my yearly tax.
    RIGHT

  9. #19
    Regular lumumba's Avatar
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    Default

    And must only the seller pay this tax or also the buyer?
    Sorry I forgot: The buyer and seller have to pay 5 %.

  10. #20
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    Default tax

    lumumba, thanks for the information.

    Please tell me when your transaction was, this or the last year?

    johannes

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