Buying a (vacation) Home
Congratulations you (almost) own a house on Aruba!
When you sign your contract to buy your future home it is customary on Aruba that the buyer chooses the notary to draw up the deed of sale. When we receive the contract we will request all relevant information regarding the sale from the authorities and individuals concerned. Your liaison officer will keep you informed during the process, usually by phone and/or mail.
At the registry it is investigated if (cadastral) changes have been made to the plot and if the description is correct.
Also investigated is the existence of mortgages or (possible) garnishee orders
Furthermore any special provisions regarding the plot that must be stated be in the deed are examined. Reached are special circumstances and exceptions- to- the rule situations, like granting right of way and other and conditions that come with long lease or property land.
Tax value (leggerwaarde)
At this office we request the value as recorded by the Aruban taxoffice. This value is important to request the claims list and serves as basis to calculate the transfer tax. (Click to see sample calculation!)
As a notary office, we are required claims of the tax authorities (for example, unpaid business expenses) of the vendor to set off with the proceeds from the sale.
The buyer is responsible to pay transfer tax on either the purchase price or on the tax value, whichever is highest. There are two rates of transfer tax 3% and 6%.
To purchase a plot or house with a value up to Afl. 250.000,00 you pay 3% tax. To purchase higher than Afl a plot or house. 250.000,00 you pay 6% transfer tax.
The transfer tax will be included in the buyer's account and paid by the notary to the Tax Collector’s office.
Your personal details and those of the seller
Is the seller the sole owner, or was the property acquired through a divorce, bankruptcy or inheritance? When the latter is the case, children should possibly sign to sell the property or it could be that only one person is authorized to sign the deed, since it was so stipulated in a testament. The notary will investigate the ability to Seller’s competence extensively.
Are there multiple buyers? If so, it’s advisable to know if they are buying the plot together or especially in the case of married or cohabitant couples, is only one partner acquiring the rights? It is important to note that different scenarios carry different legal and fiscal consequences.
In addition, we are legally obliged to identify both the buyer and seller, and this information is also included in the deed.
The purchase contact
What did the parties specifically agree on? Did seller and buyer agree together that the payment and transfer of ownership takes place before or after the keys are handed over, then this should be reflected in the deed. The notary ensures that both the buyer and seller honor their commitment to the contract. Though his mediation the buyer will transfer sold items according to agreement without any mortage or liens delivered to the buyer and that the buyer pays price in full at the notary.
Are you getting a mortgage? Then a separate mortgage deed is drawn up and sends the bank normally us the necessary data.
On average to retrieve all data relevant to drawing up a deed of transfer takes approximately 7-8 weeks.
An apartment or condominium
Not everyone wants a house. An apartment that fits your needs can also be the perfect piece of rock. Buying a condo isn’t that different from buying a home. However there are a few notable differences.
For instance apartment rights; When a registered property (flat, apartment, house) is divided into several apartments (or units or floors), the apartment right gives the right to the exclusive use of a specific portion of the building (Examples: Your apartment storage or parking lot) and common usage to other areas (e.g. staircase, roof terrace and swimming pool).
Because you share common areas in a complex there’s an association of owners. This is an association that through paying a mandatory annual contribution by each apartment owner keeps up with communal on maintenance and or amongst other things investments in new equipment for the building. Usually this association also draws up regulations in regards to living in the complex (Think about a code of conduct, frequency of consultation between residents)so that everyone can live enjoyable in their respective unit.
When the contract of sale is signed, we’ll receive it through either the broker or from you. For more information on the process of drawing up the deed click here.