excuses and addtional information of the legal advice of the week

robi666 says on Sep 30, 2006, 07:50:

Esteban, Thanks for your comment and reliable infos.
Just some news:
1) You CAN buy a property as a tourist.
2) No need of Investment or Working VISA to be registered at DIAN and pay taxes, in case needed. A foreigner, as a Colombian, must declare if owning more than 80millions of pesos in properties. Nothing to pay until 300+ if nothing else to declare.
3) Every case is not different, buying a property is a common, simple, straightforward process, once given the right informations and directed on the right track.

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

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lawyer CO says on Oct 2, 2006, 06:39:

Dear Robbie What you are saying is NOT TRUE. The reasons are:

1. In Colombia is different the definition of BUYING. In USA you buy the rights. In Colombia you have to look the real thing they are selling to you. Most of the times they sell you only the possesion and not the RIGHT.

2.HAVING THE POSSESION DOESNT GIVE YOU THE PROPERTY, IT IS JUST A WAY TO OBTAIN IT AFTER 10 YEARS.

3. EACH PROPERTY HAS ITS BACKGROUND AND YOU CAN KNOW THROUGH THE CERTIFICATE OF LIBERTY AND TRADITION. IT IS NOT THE SAME TO BUY AN APARTMENT USING THE FIGURE " CERTAIN BODY" THAN THE "CABIDA FORM"

4. THE TYPE OF VISA AND ITS USE HAS STRICT PROHIBITIONS. PLEASE SEE THE COLOMBIAN CONSULATE IN LOS ANGELES WHEN THEY ARE CLEAR TO SAY THAN TOURIST VISA IS VERY DIFFERENT FORM BUSSINESS VISA.

5. OF COURSE NO ONE NEEDS TO BE REGISTERED IN THE DIAN TO PAY TAXES. WE ALL DO WITH THE IVA. BUT REMEMBER THAN TRANSACTION OVER 10.000 DOLLARS ARE REPORTED IN THE MUISCA PROGRAM AND ITS PRODUCES A DIRECT TICKET WITH THE DIAN. SO IF YOU ARE NOT REGISTERED, THEY ARE GOING TO INITIATE A SEARCHING OVER YOUR FINANCE AND HOW YOU GOT THE MONEY.

6. IF YOU THINK BUYING PROPERTY IS TOO SIMPLE, GO TO THE COURTS AND ASK HOW MANY PROCESS ARE FRO PEOPLE WHO PAID THE MONEY TO THE SUPPOSE OWNER BUT IN THE REALITY THEY WERE NOT.

SO PLEASE DONT BELIEVE THIS IS AMERICA WHERE YOU CAN BUY A CAR WITH ONLY YOUR WILL. THIS IS COLOMBIA AND YOU CAN GET INTO PROBLEMS VERY EASY.

ESTEBAN

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robi666 says on Oct 2, 2006, 08:04:

Esteban, I am definitely right...
1) Everyone can buy an apartment just showing his passport, no Visa required.
2) If you need to declare (more than 80 millions of assets), you must register with the DIAN to get a RUT number. Again, no Visa required. A contadore is highly suggested to handle the declaration.
3) You can see if the people who's selling the property is the owner on the Certificado de Libertad. You can see if there is any mortgage or limitations, too. This is not difficult at all.

Buyin an apartment or house is a straightforward process that do not need the help of a lawyer. But that's just my opinion...

The real problem is another: la circular DCIN 83. But, being the most important problem for a foreigner buying a property and you did not even mentioned it, make me think that you are another one of the line of lawyers that I met here.

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

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lawyer CO says on Oct 2, 2006, 08:33:

no true. Wrong Again robie 666 You are wrong again. No NEED FOR CONTADURA you can do it yourself.
THE RUT is onyl for people who are providing a service not for buying property.
the certificado de libertad is not the only document. You need to see the ESCRITURA PUBLICA and the specifications of the property.
You need to check the tenant account and the public service bill, not forget the tax distric.

SO IT IS NOT AS SIMPEL AS IT SOUNDS. YOU ARE ONE OF THOSE WHO ARE NOT LAWYERS BUT THEY BELIEVE THEY KNOW MORE IN LAWS THAN US.

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robi666 says on Oct 2, 2006, 08:37:

Ok Esteban... you're right.
Ok Esteban... you're right.

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

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Gator says on Oct 2, 2006, 10:00:

Robi666 I thought you were basically correct so I copied the comments and e-mailed then to our attorney in Medellin.

After speaking to her on the telephone and hearing her comments we WILL NOT be changing legal counsel. I also agree with your post, "Ok Esteban... you're right." Anyone who wants to retain him can, but we will not. A la larga se sabrá la verdad.



"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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lawyer CO says on Oct 2, 2006, 12:31:

Gator Stay out of this legal discussion and stop believing you are from rome. Who do you believe? gladiator?

Besides, are you a lawyer? who proves to talk to an attorney?

no one can, so Dont get people confused

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Robert Jorge says on Oct 2, 2006, 12:50:

Lawyer co. How can you demand somebody stay out of a "legal discussion", in a blog community that by definition, invites people to express themselves, give opinions, and share their experiences? I am not trying to pick an argument, but your attitude rubs me the wrong way, even more than your grammar.

--"I believe in making the world safe for our children. But not for our children's children, because I don't think that children should be having sex." - Jack Handy

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robi666 says on Oct 2, 2006, 13:32:

Can I believe that I am from Rome? :-)

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

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JMOON87 says on Oct 2, 2006, 17:33:

Robi is Correct His comment and gators are correct when i was in Colombia last MAY AND JUNE and looked at many apartments and met withe several attorneys ....The only thing that gets a bit sticky was the change in the banking laws that happened in APRIL and the if you have a spouse and were wanting to put property in both names .

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Robert Jorge says on Oct 3, 2006, 03:27:

Robi666, you can believe you are in Rome. I have no idea what that means, or the point of that comment, but I am laughing. Hope you are too. I'll personally skip the Gladiator movie, and watch Jack Ass II instead.

--"I believe in making the world safe for our children. But not for our children's children, because I don't think that children should be having sex." - Jack Handy

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