Property pitfalls for NRIs
New Delhi, May 14th, 2006
Rabinder Sharma
Though it seems like there are lots of options and
facilities, it is very difficult to decide and manage a property
in India. I am still looking for an easy way to find, own and manage
a property in Pune, Hyderabad, Bangalore or Goa, says Suresh
Shyam, who lives near Philadelphia in the US. Annamanaidu Venkatesh
in California asks: Do you recommend any basic steps to follow
before investing in real estate in India?
The first step is to decide where you want to invest - in the metros
(Mumbai, Delhi, Chennai or Kolkata), mini metros (Bangalore, Hyderabad,
Pune, Ahmedabad), upcoming cities like Jaipur, Coimbatore and Vadodara
or in your hometown or ancestral village.
The second step is to identify what type of property you want -
residential, office, industrial or holiday home.
The third step is budget - how much do you have readily available
to invest because although banks are willing to advance loans to
NRIs for buying property in India you may need hard cash.
Once these three basic steps have been determined, you can move
on to identify a real estate agent in the place you want to invest.
Deciding on a reliable estate agent in India is a very demanding
assignment.
What are the criteria for a reputed real estate agent? How long
has his company been in business? How many projects has he successfully
carried out? Is he qualified?
In Britain, one can get a university degree in estate management,
for example, while hardly any such courses exist in India. Anyone
can set himself up as an agent, no training is required and no formalities
have to be fulfilled. So there is plenty of room for shady practices
and many NRIs have been cheated.
A number of reputed British real estate agents have set up offices
in the major metros of India. Multinational companies require office
and residential accommodation, and many large properties - like
shopping malls - have signed maintenance agreements with them.
These companies are also into real estate development with landlords
and financiers and provide the professional touch in their dealings.
They will manage your property, even a flat or a home.
For a fee, they will collect rent, pay rates and taxes, carry out
repairs and renew tenancy agreements et al. Of course, major Indian
agents can also perform these tasks but identifying and selecting
them while living abroad is no easy task.
Back to the checklist
Does the agent have the correct and
latest information about Stamp Duty, property registration procedures,
loans from banks and housing finance companies, repayment schedules,
local rates, construction specifications and quality of construction,
delivery period and dates and ancillary amenities, among many other
parameters.
To sign the deal, the agents often give inadequate or even incorrect
information. To sell property, the agents regularly tour the US,
Britain, the Gulf and East Africa with their road shows.
To attract NRI clients, many agents have eye-catching websites.
But if you surf them, you may not get all the information you need.
So you have to ask specific questions on these topics and when you
are fully satisfied, you proceed to tell them about your requirement
and your budget.
Most agents promote major estates being put up by big developers
and can send you the literature including CDs to tempt you to sign
on the dotted line. With housing estates, you have to be careful
of their legal position and terms of sale.
How much should you pay a broker when buying property? Usually,
two percent of the transaction amount, according to the unwritten
rule. If the amount is higher, lower fees can be negotiated but
the foreign companies charge more. For renting and leasing, it could
be two or three months rent or a percent of the rent for administrating
the lease.
NRIs need to worry a great deal about fraud as expressed by Satish
Chelapathi in another email. The only method to counter this fraud
is to obtain the services of a reputed firm of lawyers and advocates
specialising in conveyancing or the preparation and
filing of legal documents, especially related to property.
Cases of the same plot or property being sold to a number of people
or obtaining loans from different banks on the same property are
reported in Indian papers from time to time. So it is no wonder
that the property registration departments of many states have installed
cameras on their premises to photograph the seller and the buyer
when the sale documents are filed with them. It is much better to
pay high fees to a reputed lawyer for this purpose than lose your
money on a dubious property transaction.
(A media consultant to a UN Agency, Kul Bhushan previously worked
abroad as a newspaper editor and has travelled to over 55 countries.
He lives in New Delhi and can be contacted at kulbhushan2038@gmail.com
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