- Thread starter haleema
- Start date
Selling our jeep
No
You would have to have a power of attorney in order to sell as it requires a change in title. and his signature as the seller,
You would have to have a power of attorney in order to sell as it requires a change in title. and his signature as the seller,
Risky Deal
You'd be selling somebody else's property.
Better be on good terms with your husband otherwise you could go to jail.
Furthermore you need the original 'matricula' to sell the vehicle so a 'traspaso' can be done.
You'd be selling somebody else's property.
Better be on good terms with your husband otherwise you could go to jail.
Furthermore you need the original 'matricula' to sell the vehicle so a 'traspaso' can be done.
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Thanks for your replies. I'll see if he's willing to add my name to the matricula, since it was me that paid for the car.
Also, do you know of a good english speaking lawyer that you could recommend? We bought a piece of land well over two years ago and we still don't have the titulo in our names. We have built two properties on this piece of land and wish to sell everything now. I'm assuming we can't sell unless the land is in our name. Is this correct?
Haleema.
Thanks for your replies. I'll see if he's willing to add my name to the matricula, since it was me that paid for the car.
Also, do you know of a good english speaking lawyer that you could recommend? We bought a piece of land well over two years ago and we still don't have the titulo in our names. We have built two properties on this piece of land and wish to sell everything now. I'm assuming we can't sell unless the land is in our name. Is this correct?
Haleema.
It used to be possible.
Nowadays title AND 'deslinde' are required.
BTW, building on land without having a title for it should be avoided.
Correct.
Nowadays title AND 'deslinde' are required.
BTW, building on land without having a title for it should be avoided.
Yes, we realise this now. We're a bit nervous that we could lose everything if the process isn't speeded up.
Is there a way we could speed things up. I'm looking for an english speaking lawyer that can explain more clearly.
Haleema.
You can still sell even without the title but you should chase it and start the Deslinde process. I don't have any lawyer contacts in Santiago.
If you add your name to the jeep paperwork you will be a joint owner but will still need your husband's signature or a POA to sell it.
If you add your name to the jeep paperwork you will be a joint owner but will still need your husband's signature or a POA to sell it.
Well that's a relief to know we can still sell the land etc. We will still need a lawyer, in order, to explain to me the stage at which we are in now. It's been over two years. My husband has been in contact with a couple of lawyers throughout this time and we are, apparently, waiting for the name change to be completed at the judicial courts. But like I said, I would like everything explained to me in english for peace of mind.
As for the jeep. This morning, my husband has agreed to sell the jeep.
As for the jeep. This morning, my husband has agreed to sell the jeep.
YOU pay-YOU ought to own, unless it was a gift.
Do I understand right that you have built TWO homes on ONE piece of land to which you don't yet have title?
First yes, YOU need a lawyer, you needed one two years ago, so don't waste another minute. You built on land which may technically not yet really be yours.
As to the new law, since April last year you can not segregate land from a larger plot and sell that section just on contract anymore. To do this, you need title of the main land, that land officially surveyed by a licensed surveyor (agrimensor) and then, the separation surveyed and it's segregation land court approved in a process which is called "deslinde". If your main plot is already a cut out of an even larger piece of land, that one had, and thus now has to be segregated (deslindado) first.
You will want to seek a knowledgeable lawyer for this relatively new procedure.
For further reference, it is in my opinion, very unwise to "invest" (like starting to build) on land you have no clear title to. Before you hold clear and verified legal title, your ownership of the land may still be challenged.
Furthermore, in this country just like in any other, unless it is a GIFT to somebody else, if YOU pay for something, have YOUR name ONLY put on it (title, deed, matricula, etc). There is NO reason why you should not (unless you are laundering money, which I trust you are not). Here, just like in most countries, you can own vehicles, land, homes, whatever, all to your name as a foreigner, EVEN if you were not yet a legal resident. Everything else is BS. If you prefer to keep certain things "unconnected" to your name, have a limited liability company setup (to YOUR name) and put some of your acquisitions to it's name.
Again, I am not a lawyer, so this is not legal advise but merely my opinion based on my experiences. In other words, back to the top, get a lawyer (YOUR lawyer).
... J-D.
Do I understand right that you have built TWO homes on ONE piece of land to which you don't yet have title?
First yes, YOU need a lawyer, you needed one two years ago, so don't waste another minute. You built on land which may technically not yet really be yours.
As to the new law, since April last year you can not segregate land from a larger plot and sell that section just on contract anymore. To do this, you need title of the main land, that land officially surveyed by a licensed surveyor (agrimensor) and then, the separation surveyed and it's segregation land court approved in a process which is called "deslinde". If your main plot is already a cut out of an even larger piece of land, that one had, and thus now has to be segregated (deslindado) first.
You will want to seek a knowledgeable lawyer for this relatively new procedure.
For further reference, it is in my opinion, very unwise to "invest" (like starting to build) on land you have no clear title to. Before you hold clear and verified legal title, your ownership of the land may still be challenged.
Furthermore, in this country just like in any other, unless it is a GIFT to somebody else, if YOU pay for something, have YOUR name ONLY put on it (title, deed, matricula, etc). There is NO reason why you should not (unless you are laundering money, which I trust you are not). Here, just like in most countries, you can own vehicles, land, homes, whatever, all to your name as a foreigner, EVEN if you were not yet a legal resident. Everything else is BS. If you prefer to keep certain things "unconnected" to your name, have a limited liability company setup (to YOUR name) and put some of your acquisitions to it's name.
Again, I am not a lawyer, so this is not legal advise but merely my opinion based on my experiences. In other words, back to the top, get a lawyer (YOUR lawyer).
... J-D.
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call Anna Borisova...she is an associate in a law firm in Sosua and she speaks english and Spanish...She is very helpful and reasonable... 809 875 7705 You can't get a better person
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Yes, I paid. I built a house and a colmado on the piece of land. My husband sought a lawyer at the time of purchasing the land. But this lawyer had been sitting on the paperwork and done nothing to change the title deeds in all this time. My husband sought another lawyer and the process has started up again.
I don't know what this new lawyer is doing and at what stage we are at. I'd like to have the title name changed to just my name followed by this new deslinde thingy. I want to call an english speaking lawyer to contact the present lawyer to have everything explain to me.
My husband has agreed to sell the jeep. First I want the matricula put in my name only, as I'm not sure when I wish to sell the jeep now.
Haleema
Yes, I paid. I built a house and a colmado on the piece of land. My husband sought a lawyer at the time of purchasing the land. But this lawyer had been sitting on the paperwork and done nothing to change the title deeds in all this time. My husband sought another lawyer and the process has started up again.
I don't know what this new lawyer is doing and at what stage we are at. I'd like to have the title name changed to just my name followed by this new deslinde thingy. I want to call an english speaking lawyer to contact the present lawyer to have everything explain to me.
My husband has agreed to sell the jeep. First I want the matricula put in my name only, as I'm not sure when I wish to sell the jeep now.
Haleema
I might seem a bit critical of your handling of your business, if so, I apologize it is not my intention to patronize you.
But let me just add some general thoughts:
It may seem the logical thing to do to seek guidance of locals when doing business in a foreign country, especially when language forms a further barrier. Yet, you can not entrust the handling of your business affairs and most importantly your money to those who do not have a track record of having been more successful in creating wealth than you. You can not let them choose a lawyer for you or direct you to sellers, banks and other "partners" who would love to handle your funds.
If it is your money, make your own decisions. If you need advice, seek it from proven professionals, paying for their help.
Yes, YOU need to retain the services of a lawyer who can communicate with you AND has the necessary knowledge of the particular dealing you want to entrust them your representation with.
The main rule at the end of it all is, DON'T DO THINGS HERE you wouldn't do in your country. It's pitfall #1. People hand over money over agreements written on a napkin or over a hand shake, to people who claim to know the owner or leave deposits with "agents" or let them gide them thru the legal proceedings (being interested in the sale only), asf., follow the advice of XYZ to sign over their acquisitions to them "for better protection" from the boogie man or el chupacabras... I don't know what other nonsense "reason"... It usually ends up with substantial losses and hairraising stories comming up on this and similar boards.
When you do business, the cheapest way to employ professional legal advice, is BEFORE anything is signed or any monies have changed hands and throughout the whole process, instead of trying the fix quirky situations.
... J-D.