Rental Property 10.1 Capital

Frequently Asked Questions - Keyword: Rental Property Home | Contact IRS | About IRS | Site Map | Español | Help Advanced Search Search Tips IRS Resources Compliance & Enforcement Contact My Local Office e-file Forms and Publications Frequently Asked Questions News Taxpayer Advocacy Where To File Frequently Asked Tax Questions And Answers Keyword: Rental Property 10.1 Capital Gains, Losses/Sale of Home: Property (Basis, Sale of Home, etc.) I lived in a home as my principal residence for the first 2 of the last 5 years. For the last 3 years, the home was a rental property before selling it. Can I still avoid the capital gains tax and, if so, how should I deal with the depreciation I took while it was rented out? If, during the 5-year period ending on the date of sale, you owned the home for at least 2 years and lived in it as your main home for at least 2 years, you can exclude up to the maximum dollar limit. However, you cannot exclude the portion of the gain equal to depreciation allowed or allowable for periods after May 6, 1997. This gain is reported on Form 4797. If you can show by adequate records or other evidence that the depreciation allowed was less than the amount allowable, the amount you cannot exclude is the amount allowed. Refer to Publication 523 , Selling Your Home and Form 4797 (PDF), Sale of Business Property for specifics on calculating and reporting the amount of gain. References: Publication 523 , Selling Your Home Publication 527 , Residential Rental Property Publication 587 , Business Use of Your Home Form 4797 (PDF), Sale of Business Property 11.1 Sale or Trade of Business, Depreciation, Rentals: Depreciation & Recapture Can the entire acquisition cost of a computer that I purchased for my business be deducted as a business expense or do I have to use depreciation? The entire acquisition cost of a computer purchased for business use can be expensed under Code section 179 in the first year if qualified, or depreciated over a 5-year recovery period. Under section 179, you can elect to recover all or part of the cost of certain qualifying property, up to a dollar limit, by deducting it in the year you place the property in service. You can elect to expense the cost of qualifying property instead of recovering the cost by taking depreciation. To claim the expense in the first year, the property must be used more than 50% for business use, and meet the other requirements for expensing. One of those requirements is that the total cost of qualifying property you can deduct after you apply the dollar limit is limited to the taxable income from the active conduct of any trade or business during the year. Any cost not deductible in one year under section 179 because of the business income limit can be carried to the next year. For any taxable year beginning after 2002 and before 2006, a new law raised the aggregate cost that can be expensed under section 179 to $100,000 and also expanded the definition of Code section 179 property to include off-the-shelf computer software. See IRS site for Code Section 179 for the expanded definition. If you make a choice to depreciate the property you can claim in the placed-in service year of the property a special depreciation allowance for eligible property you acquired after September 10, 2001 and before January 1, 2005. The special depreciation is figured before you calculate your regular depreciation. To qualify for the special depreciation the property must: Be property that is depreciated generally under MACRS (Modified Accelerated Cost Recovery System) and that has a recovery period of 20 years or less. Property required to be depreciated under the straight-line method of the alternative depreciation system of MACRS generally is not eligible. Be property that is acquired by you after September 10, 2001 and before January 1, 2005. Be property that is placed in service by you before January 1, 2005. Be property the original use of which began with you after September 10, 2001. This means that the property is new property. For eligible property acquired after September 10, 2001, and before May 6, 2003, the special depreciation deduction is equal to 30% of the property's depreciable basis. For eligible property acquired after May 5, 2003 and before January 1, 2005, the special depreciation deduction is equal to 50% of the property's depreciable basis. If the property is acquired after May 5, 2003, but there was a written binding contract to acquire the property in effect before May 6, 2003, the property is not eligible for the 50% special depreciation. Also, if the property is acquired after May 5, 2003, but the original use of the property began before May 6, 2003, the property is not eligible for the 50% special depreciation. And, if you acquired the property before May 6, 2003, but placed the property in service after May 5, 2003, the property is not eligible for the 50% special depreciation. If the property is eligible for the 50% special depreciation deduction and you claim this 50% depreciation, you cannot claim the 30% special depreciation deduction for the property. However, you can elect to deduct the 30% (instead of 50%) special depreciation for property eligible for the 50% special depreciation deduction. These elections are made for an entire class of property (for example, 5-year property) instead of for each property. If your property is located within the New York Liberty Zone, there are different rules for special depreciation deduction. See Publication 946 , How to Depreciate Property for additional information on the special deduction. References: Publication 946 , How to Depreciate Property Publication 535 , Business Expenses We have incurred substantial repairs to our rental property: new roof, gutters, windows, furnace, and outside paint. What are the IRS rules concerning depreciation? Replacements of roof, rain gutters, windows, and furnace on a residential rental property are capital improvements to the structure because they materially add to the value of your property or substantially prolong its life. The items would be in the same class of property as the rental property to which they are attached. Since the property is residential rental property, the items are generally depreciated over a recovery period of 27.5 years using the straight line method of depreciation and a mid-month convention. Repairs, such as repainting the residential rental property, are currently deductible expenses. A repair keeps your property in good operating condition. It does not materially add to the value of your property or substantially prolong its life. Repainting your property inside or out, fixing gutters or floors, fixing leaks, plastering, and replacing broken windows are examples of repairs. If you make repairs as part of an extensive remodeling or restoration of your property, the whole job is an improvement. In that case, you should capitalize and depreciate the repair costs as the same class of property that you have restored or remodeled as discussed above. For more information, refer to Publication 527 , Residential Rental Property , and Publication 946 , How to Depreciate Property . References: Publication 527 , Residential Rental Property Publication 946 , How to Depreciate Property 11.2 Sale or Trade of Business, Depreciation, Rentals: Rental Expenses v Passive Activity Losses (PALs) I purchased a rental property last year. What closing costs can I deduct? The only deductible closing costs are those for interest, and deductible real estate taxes. Other settlement fees and closing costs for buying the property become additions to your basis in the property. These basis adjustments include: Abstract fees, Charges for installing utility services, Legal fees, Recording fees, Surveys, Transfer taxes, Title insurance, and Any amounts the seller owes that you agree to pay, such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions. Fees related to obtaining a loan are capital expenses and should be amortized over the life of the loan. For additional information, refer to Publication 527 , Residential Rental Property, Publication 17 , Your Individual Income Tax Guide , and Publication 535 , Business Expenses . References: Publication 527 , Residential Rental Property Publication 17 , Your Individual Income Tax Guide Publication 535 , Business Expenses Can you deduct Private Mortgage Insurance (PMI) premiums on rental property? If so, which line item on Schedule E? Yes. You can deduct Private Mortgage Insurance premium on line 9 of Form 1040, Schedule E (PDF), Supplemental Income and Loss . Write "PMI" on the dotted line. References: Publication 527 , Residential Rental Property Form 1040, Schedule E (PDF), Supplemental Income and Loss Form 1040, Schedule E Instructions , Supplemental Income and Loss 11.3 Sale or Trade of Business, Depreciation, Rentals: Personal Use of Business Property (Condo, Timeshare, etc.) I rent my home out for two weeks each year. Do I have to show the income on my return? You must first consider if you use your dwelling as a home. You are considered to use a dwelling as a home if you use it for personal purposes during the tax year for more than the greater of 14 days or 10% of the total days it is rented to others at a fair rental price. It is possible that you will use more than one dwelling unit as a home during the year. For example, if you live in your main home for 11 months and in your vacation home for 30 days, your home is a dwelling unit and your vacation home is also a dwelling unit, unless you rent your vacation home to others at a fair rental value for more than 300 days during the year. There is a special rule if you use a dwelling as a home and rent it for fewer than 15 days. In this case, do not report any of the rental income and do not deduct any expenses as rental expenses. If you itemize your deduction on Form 1040, Schedule A (PDF), Itemized Deductions , you may be able to deduct mortgage interest, property taxes, and any casualty losses. For additional information, refer to Tax Topic 415 , Renting Vacation Property/Renting to Relatives and Publication 527 , Residential Rental Property (including Rental of Vacation Homes) . References: Form 1040, Schedule A (PDF), Itemized Deductions Tax Topic 415 , Renting Vacation Property/Renting to Relatives Publication 527 , Residential Rental Property (Including Rental of Vacation Homes). I am renting a house to my son and daughter-in-law. Can I claim rental expenses? In general, if you receive income from the rental of a dwelling unit, such as a house, apartment, or duplex, there are certain expenses you may deduct. Besides knowing which expenses may be deductible, it is important to understand potential limitations on the amounts of rental expenses that may be deducted in a tax year. There are several types of limitations that may apply. Passive Activity losses : In general, you can deduct passive activity losses only from passive activity income (a limit on loss deductions). You carry any excess loss forward to the following year or years until used, or until deducted in the year you dispose of your entire interest in the activity in a fully taxable transaction. There are several exceptions that may apply to the passive activity limitations. Refer to Publication 527 , Residential Rental Property and Publication 925 , Passive Activity and At-Risk Rules . At risk rules: The at-risk rules limit your losses from most activities to your amount at risk in the activity. You treat any loss that is disallowed because of the at-risk limits as a deduction from the same activity in the next tax year. If your losses from an at-risk activity are allowed, they are subject to recapture in later years if your amount at risk is reduced below zero. Refer to Publication 925 , Passive Activity and At-Risk Rules. Not for profit activities: If you do not rent your property to make a profit, you can deduct your rental expenses only up to the amount of your rental income. Any rental expenses in excess of rental income cannot be carried forward to the next year. Refer to Publication 527 , Residential Rental Property and Publication 535 , Business Expenses . Rental of a dwelling unit: The tax treatment of rental income and expenses for a dwelling unit that you also use for personal purposes (renting to a relative may be considered personal use even if they are paying you rent) depends on whether you use it as a home. Refer to Publication 527 , Residential Rental Property . Expenses in connection with rental of a dwelling unit for less than 15 days per year . Refer to Publication 527 , Residential Rental Property . References: Publication 527 , Residential Rental Property Tax Topic 414 , Rental Income and Expenses Tax Topic 415 , Renting Vacation Property/Renting to Relatives 11.4 Sale or Trade of Business, Depreciation, Rentals: Sales, Trades, Exchanges What form(s) do we need to fill out to report the sale of rental property? The gain or loss on the sale of rental property is reported on Form 4797 (PDF), Sale of Business Property . Form 1040, Schedule D (PDF), Capital Gains and Losses , is often used in conjunction with Form 4797. For further information, refer to Publication 544 , Sales on Other Disposition of Assets, Publication 550 , Investment Income and Expense , the Instructions to Form 4797 (PDF), Sale of Business Property , and the Instructions to Form 1040, Schedule D, Capital Gain and Losses . References: Form 4797 (PDF), Sale of Business Property Form 4797 Instructions Publication 544 , Sales and Other Dispositions of Assets Publication 550 , Investment Income and Expense Form 1040 Schedule D (PDF), Capital Gains and Losses We are selling rental property and have never claimed depreciation. What do we do about this when we file our taxes? When reporting the sale of or computing gain or loss on rental property, you are required to make an adjustment to your basis for allowable depreciation regardless of whether the deduction was taken. For more information refer to Publication 544 , Sales or Other Dispositions of Assets , and the Form 4797 Instructions , Sales of Business Property . You can claim the depreciation not taken for the rental property in the years before the year of sale. How to do this depends on when you placed in service the rental property. If you placed in service the rental property before calendar year 2003, you may amend your income tax returns for the years before the year of the sale by using Form 1040X (PDF), Amended U.S. Individual Income Tax Return , to take the depreciation deductions for the rental property that should have been taken. Or, you may file a Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the years before the year of the sale. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. If you placed in service the rental property after calendar year 2002 and you have unclaimed depreciation for two or more years before the year of sale, you must use Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the years before the year of the sale. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. If you placed in service the rental property after calendar year 2002 and you have unclaimed depreciation for only the year immediately preceding the year of sale, you may amend your income tax return for that prior year by using Form 1040X (PDF), Amended U.S. Individual Income Tax Return , to take the depreciation deduction for the rental property that should have been taken. Or, you may file a Form 3115 (PDF), Application for Change in Accounting Method , to claim the depreciation for the rental property that should have been taken for the prior year. The Form 3115 must be timely filed for the same tax year in which you sell the rental property. References: Publication 544 , Sales or Other Dispositions of Assets Form 1040X (PDF), Amended U.S. Individual Income Tax Return Form 3115 (PDF), Application for Change in Accounting Method Form 3115 Instructions , Application for Accounting Method Form 4797 Instructions , Sales of Business Property Publication 527 , Residential Rental Property (including Vacation Homes) What forms do we file to report a loss on the sale of a rental property? The loss on the sale of rental property is reported on Form 4797 (PDF), (Sale of Business Property) as ordinary loss. References: Form 4797 (PDF), Sale of Business Property Publication 544 , Sales and Other Dispositions of Assets More Frequently Asked Tax Questions Accessibility | FirstGov.gov | Freedom of Information Act | Important Links | IRS Privacy Policy | U.S. Treasury

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Real Estate Prices

Why the world's best real estate investor is cashing out. - Oct. 24, 2005 Web CNN/Money Home News Markets Technology Commentary Personal Finance Autos Real Estate News Newsmakers SAVE | EMAIL | PRINT | SUBSCRIBE TO MONEY | The king of real estate's cashing out Tom Barrack is selling most of his U.S. portfolio. Maybe you should be nervous too. October 24, 2005: 7:56 AM EDT By Shawn Tully , Fortune Senior Writer NEW YORK (Fortune) - Tom Barrack, arguably the world's greatest real estate investor, is methodically selling off his U.S. real estate holdings as prices drive the market to nosebleed levels. He likens the current real estate market to a game of polo. "I feel totally safe playing polo on a field full of pros," says the bronzed 58-year old. "But when amateurs are all over the field, someone can get killed. They have more guts than brains. They charge after every ball and don't know when to hold back." It's the same with U.S. real estate right now. "There's too much money chasing too few good deals, with too much debt and too few brains." The amateurs are going to get trampled, he explains, taking seasoned horsemen, who should get off the turf, down with them. Says Barrack: "That's why I'm getting out." Investors take heed. Barrack may be an amateur at polo, but when it comes to judging markets, he's the ultimate pro. Arguably the best real estate investor on the planet, he runs a $25 billion portfolio of trophy assets, from the Raffles hotel chain in Asia to the Aga Khan's former resort in Sardinia to Resorts International, the largest private gaming company in the U.S. Barrack's Colony Capital, one of the largest private equity firms devoted solely to real estate, has racked up returns of 21 percent annually since 1990, handing investors, chiefly pension funds and college endowments, 17 percent after all fees. Barrack bought the Fukuoka Dome, Japan's Yankee Stadium, in part because he calculated that the titanium in the retractable roof was worth as much as the purchase price. His strategy is to buy classy but neglected properties anywhere in the world where prices are low. Then, he'll pour in capital to fix them up, and resell in them in five years of so with their pedigrees fully restored. Says his friend Donald Trump: "Tom has an amazing vision of the future, an ability to see what's going to happen that no one else can match." Right now, Barrack's view of the U.S. market couldn't be clearer: It's a great time to sell, and a terrible time to buy. In fact, he sees signs of the tech bubble mentality in real estate. Too much capital is chasing real estate, he explains, with hedge funds, private equity groups, and rich investors all bidding on the same properties. "They've driven prices to the point where the yields on high-quality properties are like the returns on bonds, around 5 percent or 6 percent," says Barrack. "That's too low." And he sees the bubble deflating soon. Barrack thinks the catalyst will be a trend few others are talking about, a steep rise in the price of building materials and labor. "Construction costs have spiked 20 percent in the past nine months," he says. The reasons: Shortages of labor and materials like lumber because of the building boom, and increases in the price of oil, needed to produce everything from plastic piping to insulation to shingles. The slump will show up first in speculative hot spots like Miami and Las Vegas, he says, where condo developers are preselling their projects for what looks like big profits. When they actually build the units over the next year or two, he predicts, they will end up spending more then the units are now selling for. At that point, says Barrack, the developers will try to raise prices. "But most of these buyers are speculators," he says. "They will either sue the developers to get the original price or take their deposits back and walk away." The developers will then put the units back on the market, and the glut of vacant condos will drive prices down. "It's the busted deals caused by construction costs that will cause the turn in the market," he says. So Barrack is buying just one type of property in the U.S.: Casinos. And in contrast to most gaming titans, he's doing it on the cheap. Extraordinary homes, on the cheap ... click here Colony paid just $280 million for the 3000 room Las Vegas Hilton in 2003, one-tenth of what Steve Wynn paid to build his new casino, which has roughly the same number of rooms. The reason Barrack likes casinos is that he's licensed to operate casinos in all the major markets, while most other private equity firms and other financial players don't have licenses. Hence, they're locked out of the market, and can't bid against Barrack. For Barrack, casinos are a safe, exclusive preserve, far from the frenzied melee that's makes every other part of U.S. real estate such a dangerous place to play. For now, Barrack is getting off the field. But when the din subsides, and the amateurs depart, look for Barrack to ride back in, mallet cocked, ready to play again. ---------------------- To read the full-length article from Fortune, click here . The Hot List Most profitable renovations How risky is your 401(k)? Big new tax credits for hybrid cars More Newsmakers Google, Oprah looking hot in '06 Ex-Enron exec pleads guilty NYC transit deal gets OK contact us | magazine customer service | site map | glossary | RSS | press room OTHER NEWS: CNN | SI | Fortune | Business2.0 = Money subscribers = Premium content -- * - Time reflects local markets trading time. † - Intraday data is at least 15-minutes delayed. Disclaimer © 2005 Cable News Network LP, LLLP. 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Denver Real Estate, Littleton Real Estate, Highlands Ranch Real Estate, Ron Yost Denver Real Estate • Highlands Ranch Real Estate for all Denver Colorado Real Estate Littleton Real Estate • Highlands Ranch Homes for sale • Littleton Homes for sale "Specializing in the buying and selling of single family and townhomes" Denver • Littleton • Highlands Ranch • Rocksborough • Lakewood • Englewood • Aurora • Golden • Broomfield • Westminster • Thornton • Arvada • Arapahoe County Featured Property $218,000.00 Elegant 2 bedroom 2 bath 2003 Shea Townhome. 1,422 sq. ft of living space. Bold Interior colors, walk in closets, and much more! Click Here for more details Ron Yost is your #1 choice for covering Denver real estate , Littleton real estate , Highlands Ranch real estate , Rocksborough, Lakewood, Englewood, Aurora, Golden, Broomfield, Westminster, Thornton, Arvada, and Arapahoe County. Search the MLS for all available homes for sale in the Denver Area. 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Providing community and relocation information , free reports , home buying and selling tips , newsletters, and MLS search for homes for sale in Denver CO and surrounding areas. Also, featuring extensive consumer links , school information , and answers to commonly asked real estate questions , and more, you'll find everything about real estate within one easy source . If you currently own property and are thinking of placing it on the market, this site contains information about preparing your home for sale , selecting the right agent , pricing your home appropriately , marketing it effectively , going through the inspection processes , and receiving a timely market evaluation . Please feel free to browse through our site to explore Denver Real Estate , Littleton Real Estate , Highlands Ranch Real Estate , Rocksborough Real Estate , Lakewood Real Estate , Englewood Real Estate , Aurora Real Estate , and Golden Real Estate , Broomfield Real Estate, Westminster Real Estate, Thornton Real Estate, Arvada Real Estate, and all Arapahoe County homes for sale . Thanks for visiting RonYost.com, your online real estate source. Please bookmark this site for future reference, and ENJOY! Mortgage Center : Click here for all your mortgage needs For Seller Information For Buyer Information HOME & COMMUNITY RESOURCE CENTER CLICK ANY LINK BELOW... Community Info , Area Attractions , Local Restaurants , Movies , Weather , More... Change of Address Form , 10 Most Forgotten Items , Moving Checklist , After Your Move , More... 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Buying property in Spain Buying property in Spain Introduction to Spanish property market. News, advice, real experiences, buying to let in Spain, mortgages, special offers. Thursday, December 15, 2005 Valencia Land Law debated in the European Parliament This week the European Parliament debated and voted on the recommendations of the Fourtou Report on the controversial Ley Reguladora de la Actividad Urbanistica (LRAU). The law, known by those who protest against its consequences as the Valencia land grab law was originally designed to make sure that areas under development had sufficient infrastructure (roads, street lighting, green belt areas etc.). That was the the theory. However in practice the law has meant that property developers are able to apply to build on land already belonging to other owners where building is not permitted. When their application is approved (as it often is), the land is reclassified by the authorities, and the developers are then allowed to pay exisiting owners prices far below the real market value and build a road, a path or even part of a golf course, sometimes right through the middle of the former owner's back garden. Most of the people affected by this law are Europeans who have seen their dreams of a perfect Spanish home in the sun shattered by ruthless developers. More than 15,000 people have made a formal protest asking the European Parliament to intervene, and the protest group set up to fight the LRAU, Abusos Urbanísticos No , has been active in attracting national, international, political and media attention to a growing problem and demanding a solution. And recently British law firm Irwin Mitchell decided to register land law victims with the European Human Rights Court . Valencia's regional government promised in 2003 to revise and reform the LRAU, but seems in no rush to do so. A pre-project was presented to the Valencian parliament in June this year, but nothing has yet come of it. While the government insists that its intention is to change the law and protect the interests, and land, of property owners, opposition and protest groups allege that it is prevented from doing so from the interest of many of its members in the property development underway in the region. Ever since local and foreign property owners started their active protest, the Government has come under increased pressure to do something. In the Summer a delegation of Euro-MPs visited the Costa Blanca and met with foreign residents, local politicians and property developers to discuss the problem. In November the European Parliament advised the Valencian authorities to modify urban development legislation in the region. And finally this week on 12th December the European Parliament discussed the Fourtou Report and endorsed its contents in a vote on the 13th by a massive majority of 550 in favour, 45 against and 25 abstentions. The Report calls on the European Parliament to urge a moratorium on the approval of new property developments on land where development is not permitted. Any body considering buying property with land in the Valencian Region is advised to seek legal advice from a lawyer who can help with the necessary investigation to ensure that the land attached to the property is not in danger of being subject to eventual seizure by property developers. Related: EU homeowners and ambassadors challenge Valencian land laws European Parliament delegation visit Valencia to challenge Land Laws Valencian landlaws "unconstitutional" Advice from the British Embassy to people purchasing land in Valencia posted by Euroresidentes @ 9:15:00 AM 0 comments Wednesday, November 30, 2005 Home loans in Spain According to figures released by Spain's National Statistics Institute yesterday, the average amount of morgage loans authorised by Spanish banks rose by 18.1 percent in August (compared to the same month in 2005) and reached 146,762€. The overall value of bank home loans rose by 32.1 percent. In August a total of 131,180 mortgages were authorised to customers buying rural and urban properties in Spain and the overall value of these mortgages rose to 19,252 million euros. As usual Spain's savings banks got the biggest share of the home loan market - 53.42 percent - followed by normal banks (36.88 percent) and other lending companies (9.7 percent). Over ninety percent of mortgage loans corresponded to purchases of properties in the so-called " precio libre " (free price) category and just 9.9 percent to purchases of "protected" properties whose selling price is controlled by the government. As far as yearly figures are concerned, the number of mortgaged properties in Spain has so far risen by 9.82 percent this year, while the total amount of loans has shot up by 24.87. Related: Mortgages in Spain Mortages for non-residents in Spain Ranking of Spanish banks Spanish banks Home improvement loans in Spain posted by Euroresidentes @ 9:34:00 AM 0 comments Monday, November 07, 2005 British property buyers prefer Spain According to a study just published by Barclays Bank, the number of UK residents buying property abroad is set to double, and a third of potential property buyers named Spain as their preferred overseas destination. According to the results of Barclay's study, five percent of UK residents (2.2 million people) already own a property overseas, and another 2 million definitely intend to buy one. And a very high 37 percent of those surveyed for the study said they are considering the possibility of buying a property abroad at some time in the future. Spain remains the firm favourite among British overseas property buyers, with the US coming second and France third. Not surprisingly, the main things putting UK citizens off the idea of buying property abroad are legal and tax complications, the possibility of being misled or deceived by local property sellers, and the difficulty of adapting to a new language and culture. Related: Reasons for living in Spain Property taxes in Spain Spanish lawyers Advice on buying a house in Spain posted by Euroresidentes @ 1:07:00 PM 1 comments Sunday, October 23, 2005 Lessons from one unhappy experience of buying a house in Spain It is an unfortunate fact that the legal system in Spain is at times desperately slow. Anyone considering buying a house in Spain is advised to find a good Spanish lawyer before signing anything at all and before parting with any money. David Wright has just started a new blog to share his unfortunate experience of buying property in Spain with other people. See the first entry below. Users interested in following his story as the final part unravels (and as, we hope, justice is finally done and the Wrights win the home and compensation they deserve) should check out his blog: Slow legal system where he intends to keep people updated with events as and when they happen. Considering tourism and housing investment bring considerable amounts of wealth to Spain, the Spanish law system is appalling slow and expensive. At the begginning of 2000 we enetred into a contract to buy a house, paid the 10% deposit and arranged a date with the notary and respective lawyers to complete. The seeler did not turn up and decided not to sell. THE BIG SURPRISE... he also would not repay the 10 % deposit never mind the penalty of 10%. Our only alternative was litigation. As we were not living in Spain at the time we left a deposit with a lawyer who told us that it would be a straightforward case. Well our case was finally heard in the local courts some 18 months later and we "won" including costs. However, the seller chose to appeal on what I understand to be very flimsy grounds. Some 2 years later the case was reheard in the Regional courts of Malaga where the original decision was upheald. ie we "won" again. However, the seller again decided with his lawyer that an appeal was in order and so we have been waiting almost 2 years for the case to come before a judge in MAdrid's high court!!! We still do not have a date nor can the system give us an estimated date as to when the case will be heard.!!! WHAT CAN fellow EURORESIDENTES learn from this? I believe the following: 1: Entering litigation is very expensive - even though we have "won" twice, we have still had to pay our lawyers fees and costs even though the costs were awarded in our favour. The amount equates roughly to 17% of the purchase/contract price!!!! per hearing. At this point we have paid almost 50% of the orginal house contract price, (deposit plus fees) 2: The seller continues to live in the property and with no penalty or change. 3: We have no idea of timescale as to when the High court can hold the hearing. 4: The so called filtering process that was supposed to be implemented to stop people using the appeal process to delay matters as a tactic does not function. 5: The seller is not obliged to pay the costs awarded against them IF they choose to appeal....SO APPEALING is a good tactic to frustrate. 6: So having a contract from a good lawyer and within the letter of the law, still does not really protect your rights in a timely manner. WHAT then is the point of a contract? it is only worth something to the lawyers in preperation for litigation!!! 7: Perhaps the law will one day help us to retrieve our deposit and costs or even the holiday home we wanted to live in and enjoy in the future. However in the meantime, it has only benefited the lawyers and the vendor. 8: So the law can still be seen as having no "teeth" and benefits the unscrupulous property owner/seller. TAKE GREAT CARE. Finally, if anyone has any suggestions as to what can be done to improve the law or indeed speed up the process then let me know posted by Euroresidentes @ 10:08:00 AM 0 comments Saturday, October 22, 2005 Lowest rise in house prices in Spain since 2002 According to the General Director of Arquitecture and Housing Policy, Rafael Pacheco, the rise in the cost property has risen just 13.4 percent in the last 12 months. This represents the lowest rise for 3 years and, according to Pacheco, is the first clear result of the Spanish government's housing policies. The General Director also indicated the regions in which house prices have risen most. These are Castilla La Mancha (19.8 percent), Aragon (16.4 percent) and the Valencian Region (16.3 percent). In Andalucía, traditionally one of the most popular destination for non-resident house buyers, the rise in house prices at 13.7 percent is only just above the national average. The most expensive region as far as the cost of housing is concerned is Madrid (2,719 euros per sq. metre), followed by the Basque Country (2,537 euros), Catalonia (2,037 euros) and the Balearic Islands (2,003 euros). The cheapest regions are Extremadura (864.2 euros per sq. metre), Castilla La Mancha (1,255 euros) and Leon (1,297 euros). Related Revaluation of property in Spain per region Investing in property in Spain Houses for sale in Spain posted by Euroresidentes @ 10:29:00 AM 0 comments Thursday, October 20, 2005 Spanish-English real estate dictionary Because of the amount of enquiries we receive from non-Spanish speaking property buyers in Spain about Spanish real estate terms and how the system here works, we are compiling an extensive Spanish-English glossary of real estate terms . Having completed the glossary, we are now working on full definitions of each term, so that our users can get an idea of how the Spanish property market differs from the property market in the UK. In this sense we want to go beyond a simple bilingual list of property terms. Send us any words not included. We hope to finish all the definitions in the next few days. Click on each term to get the full definition. posted by Euroresidentes @ 12:07:00 PM 0 comments Wednesday, October 05, 2005 Real estate market in Spain, latest statistics According to a study carried out by the Pompeu Fabre University (Barcelona) and Tecnocasa, the housing market in Spain has started slowing down and a halt in the massive price increase experienced over the past fews could be near. The authors have based their opinions and conclusions on the analysis of the sale of over 12,000 second-hand houses and flats and details of mortgages granted to buyers from the first semester of 2004 up to June this year. According to the report, lived-in property (as opposed to brand new) now takes an average of 83 days to sell, which is 15 days longer than a year ago. Another finding of the report is that property sellers this year are more likely to be prepared to negotiate the price than they were last year, and that on average buyers are able to secure a 5 percent reduction in the original asking price. During the presentation of the report yesterday, executives of Tecnocasa said that this should not be interpreted as an indication that the price of housing in Spain was at last starting to come down, since the reduction was usually agreed on property that was overhoused in the first place. However, in their opinion, the findings of the report do suggest that the conditions necessary for an eventual slowing down in the Spanish real estate market at some time in the near future are starting to appear. Other findings of the report: 30 percent of house-buyers in Spain are foreign. 72 percent of all house-buyers come from Spain or another EU country. The rest are non-European, mostly people from South America, Eastern European countries and North Africa who have settled in Spain Over 49 percent of second-hand house buyers are between 25 and 35 years old, and 61 percent buy the property together with another person The average mortgage in Spain in June was 154.890 euros, a rise of 18.80 percent with respect to the same month last year In over 60 percent of all cases, the mortgate loan covers between 75 and 100 percent the total value of the property Small flats are proportionally more expensive than larger flats and houses The average price of lived in property in Spain per sq. metre is 3,000 euros in the most expensive areas of Spain (Madrid, Barcelona and Vizcaya). dropping to just 1,500 euros per sq. metre in the provinces of Alicante, Cadiz, Seville and Valencia The most expensive cities in Spain in terms of housing prices are (in order) Barcelona, Madrid, Bilbao and L'Hospitalet de Llobregat (3.070 euros). Related links: Mortages in Spain Mortgages for non-residents in Spain The price of housing in Spain Investing in property in Spain posted by Euroresidentes @ 9:38:00 AM 0 comments About Me Name: Euroresidentes Location: Spain View my complete profile Previous Posts Valencia Land Law debated in the European Parliament Home loans in Spain British property buyers prefer Spain Lessons from one unhappy experience of buying a house in Spain Lowest rise in house prices in Spain since 2002 Spanish-English real estate dictionary Real estate market in Spain, latest statistics High-quality Spanish houses to be marketed in the UK New state property rental agency ready for business in Spain Costa del Sol property market may have reached peak Links Feedback Property market in Spain Reasons for living in Spain Properties for sale in Spain Properties for rent in Spain Hotels in Spain Restaurants in Spain Paradors in Spain Spanish recipies Spanish classical music Spanish courses in Spain Euroresidentes Spain Web Euroresidentes Archives