BUYING REAL ESTATE IN PANAMA

The process of purchasing real property in Panama involves selecting the property, conducting due diligence (including verification of title, liens and encumbrances, measurements, and boundaries), executing a Promise to Purchase Agreement with the owner (typically accompanied by an initial deposit of 10%, executing the Public Deed before a Notary Public, and recording the property with the Public Registry in order to formalize the transfer of ownership, a process that may take between 30 and 60 days.

Detailed steps of the process:

  1. Search of property and reservation
  2. Due Diligence
  3. Preliminary Agreement
  4. Escrow Agreement (optional)
  5. Formalization of transfer of property
  6. Registration
  7. Update of Property at the Land Authority (ANATI)
  8. Property tax payment (DGI)

SEARCH OF PROPERTY AND RESERVATION

  • Identify the desired property and negotiate the price and terms with the seller.
  • Enter into a reservation or holding agreement, supported by a deposit, to secure the
    property.
  • Engage legal counsel with K&B for assistance with real estate purchase

DUE DILIGENCE

  • K&B will verify the legal status of the title, including the existence of any liens or
    encumbrances, as well as the property’s measurements, boundaries, and related
    matters according to Public Registry.
  • The buyer conducts inspections of the property, and it is recommended to obtain a
    topographic survey to confirm on site that the land measurements match the
    information recorded in the Public Registry.

PRELIMINARY AGREEMENT

  • K&B will draft or review a Promise to Purchase Agreement setting forth the purchase price, payment
    terms, and closing date.
  • The best structure for acquiring the property will be evaluated and defined (as an individual, through
    a Panamanian Corporation or Private Interest Foundation).
  • Sign of the Promise to Purchase Agreement
  • Buyer will make an initial deposit (typically 10%).

ESCROW AGREEMENT (OPTIONAL)

  • Recommended if the buyer does not maintain a bank account in Panama.
  • K&B´s fiduciary entity acts as an intermediary to receive and hold the purchase
    funds in escrow.
  • K&B´s fiduciary entity issues a letter undertaking to release the funds to the seller
    once the transfer deed has been duly recorded with the Public Registry.

FORMALIZATION OF THE TRANSFER

  • The seller pays the applicable transfer taxes and provides good standing certificates
    for the property to K&B for preparation of the Public Deed.
  • The parties sign the Public Deed before a Notary Public.
  • Payment of the remaining balance of the purchase price to the seller.

REGISTRATION

  • K&B will register the deed with the Public Registry of Panama to formally and legally
    transfer ownership to the buyer.
  • Release of the escrowed funds to the seller by K&B´s fiduciary entity (if an Escrow
    Agreement is in place).

UPDATE OF PROPERTY

  • K&B will submit a copy of the deed duly recorded with the Public Registry of Panama
    for the update of ownership and cadastral value before the Land Authority (ANATI).
  • The purchase price becomes the new cadastral value of the property, which serves as
    the basis for calculating the property tax.

PROPERTY TAX PAYMENT

  • The buyer must ensure compliance with the payment of real property tax before the
    Tax Authority (DGI), which is assessed quarterly, although annual payment is also
    available.
  • K&B will advise you on the available property tax benefits for which you may qualify
    if your new property will be used as your primary residence in Panama.

LEGAL ASSISTANCE FEE:

  • K&B´s professional fees for legal assistance in the purchase of real estate are calculated at a rate of 1% of the purchase price.
  • We can issue you a quote that includes notary and registration fees in the Public Registry, once buyer confirm us the purchase price.

ESCROW AGENT FEE:

  • Professional fees of the Escrow Agent (K&B Trust Services, Corp.) are calculated at a rate of 1% of the amount to be held in custody, with a minimum of US$1,000.00.

 

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