Contents of this page:
• Buying Property in Ecuador
• Financing Property in Ecuador
• Closing Costs and Taxes
• How do I avoid paying "Gringo Pricing"?
• Ecuador Economy
• Ecuador Political Stability
Buying Property in Ecuador
Anyone in the world can freely buy
property in Ecuador. You can arrive in the
country, and buy real estate the very same
day using only your passport as
identification. This is not just a policy of
the current administration that can easily
be changed – the Ecuador constitution
guarantees the right to buy and hold
property for everyone, citizens and
foreigners alike. In fact, once you are in
the country with a
valid visa, the Ecuador Constitution
guarantees that you have the same equal
rights as Ecuadorian citizens with the exception
that you can not vote!
Additionally, there are no restrictions on
owning beachfront property as there is in
some other countries. There has never
been a case of the government "seizing" foreign
owned real estate (and to be fair, even in other countries
(i.e. Mexico) the problems have mostly been
the result of buying property that the seller
did not have the right to sell – a proper title
search, or buying title insurance, mitigates
this risk).
The one caveat in Ecuador is to be wary when
buying property that is "Derechos y acciones"
– basically, the rights granted to heirs when
a property owner dies without a will. The risk
is that unknown heirs could potentially file
a claim on the property in the future. Fortunately,
this situation will always be discovered during
the title search and the transaction can be
terminated immediately, or title insurance could
be purchased which would cover the losses from
any future claim. While title insurance
is NOT always necessary, don't let a seller
rush you into any transaction without having
a lawyer do a proper title search.
Many people are understandably wary of international
real estate investments. Laws vary from country to
country, even within one region (ie, South America),
and you need to understand the local market
and analyze the properties that are for sale.
Ecuador real estate is very secure from a legal
standpoint - the property ownership laws are
quite well written, understandable, and constitutionally
guaranteed. If you are thinking of living
overseas, Ecuador is a perfect country for International
Living.
Financing Property in
Ecuador
In theory financing is available in
Ecuador, but in practice it is difficult to
arrange. The Ecuador constitution guarantees free access to the banking and credit market to locals and foreigners alike, just as it guarantees the free right to own and hold property.
However, there is no "credit rating" system
in Ecuador, and the default rate is high - so it's hard to qualify for a loan without a local employment history or a co-signer, and interest rates are typically 12% or more. A good credit rating in the US does not mean anything
here.
You can sometimes get the sellers to provide financing, but they will typically require at least 50% down
payment. Another option is with new
construction - the builder/architect will
often provide financing, especially for
"pre-construction" projects.
Your best bet, however, is to get
financing from your home country - family,
friends, or even tapping a HELOC will often
be a better choice than trying to get local
financing.
Closing
Costs and Taxes
The buyer pays almost all costs in a real
estate transaction in Ecuador. The
seller needs to ensure that the property
taxes, utility bills, and any building
maintenance fees are current, and may owe capital gains tax on
the sale, but the buyer pays for everything
else.
The costs typically include:
• Legal fees for drafting the contract and
performing the title search
• Notary fees
• Translation of documents and translator at
signing (this is a legal requirement if the
buyer doesn't speak Spanish)
• Transfer and registration taxes
• Real estate agents commission
While it is hard to generalize, as every
transaction is different - typically the
agents commission is 5% of the agreed up
price, and all other costs are typically
between $750 and $1,500.
Annual property taxes are based on the
municipals "Assessed Value" - not on the
actual purchase amount. The
assessed value can be anywhere from 5% to
50% of the real value of the property.
Depending on where you live, the property tax
may be up to 1% of the assessed value.
So, for example, if you purchase a property
for $100,000 and the assessed value is
$30,000, the maximum property tax would be
$300 per year - usually it's much less.
Property taxes are due on January first
of each year, and are not "past due" until
December 31 - so you have a full year to pay
the tax! Property taxes are not pro-rated
when a property is sold - so if you buy a
house on January 3rd, the seller needs to
pay the property tax for the entire year.
Capital Gains tax is based on any
increase in the assessed value during the
time that you owned the property. So
if you sell the property in the above
example, and the assessed value has gone up
from $30,000 to $35,000 you will owe $1,250
(25% of the increase in the assessment).
It does not matter if you actually made a
gain of $100,000 on the property - or if you
even lost money on the investment - you will
pay a tax of 25% of the increase in the
assessed value (the tax due is reduced on a
sliding scale if you own the property for
more than 5 years.)
How do I avoid paying "Gringo Pricing"?
We encourage foreigners to only pay
"local pricing" when buying property. How is
this done?
While it is true that an initial quote
from a seller will probably be higher if
they know that the potential buyer is a
foreigner, every
seller has his bottom line price and every
property has it's fair market value. We specialize in
finding out the sellers bottom line price
(our first contact with a property owner is
usually with a local "property scout" who
gets all the details on the property and
finds out the "local asking price" and we
negotiate down from there) and we use
standard appraisal techniques to estimate
the fair market value.
Since we represent the buyers only, we
have no allegiance to the seller. We
do not take a commission from the seller and
we will not "mark up" the price of a
property to give a buyer the false sense of
having negotiating room - our mission is to
find the absolute best price possible for
the buyer, and to advise the buyer if that
price is a good deal or not.
Ecuador Economy
Following in the footsteps of Argentina,
Brazil, Mexico, and other Latin American countries,
the Ecuadorian currency collapsed in 1999. The
Ecuadorian President made an extremely bold,
unique, and politically unpopular move at the
time, adopting the US dollar as the official
currency of Ecuador in 2000.
This decision single-handedly saved the Ecuadorian
economy. Inflation fell from 96% in 1999 to
less than 1% in 2002, and has remained under
5% since then.
The dollarization has helped build a very
strong middle-class in Ecuador. The population
of most of the neighboring countries is either
very poor or very rich, with few people in the
middle. While much of the population of Ecuador
is still very poor (wages for the common laborer
average $250 per month), the percentage of homeless
people is among the lowest in South America.
Food is plentiful and affordable to all, and
overall standard of living is rising.
The strong middle-class has led to a housing
boom in the major cities. The number of higher
end apartment buildings under construction or
recently completed is astounding, and here in
Cuenca, over 85% of these apartments are owned
by locals.
Government relations with the US continue
to be cordial, despite some recent disagreements
about the ownership and management of oil reserves
in the northeastern jungle.
Major industries and exports are oil, mining,
textiles, metal work, chemical production, fishing,
lumber, bananas, coffee, cacao, rice, shrimp,
sugarcane, sheep, beef, pork, and dairy.
Ecuador Political
Stability
Many people write to us to ask about the
political situation in Ecuador. It is
true that Ecuador does have a history of
ousting the current president before his
term is officially up - but it has always followed a
constitutionally approved process, it
has never been through a coup or military takeover.
The core of government operations has been
stable throughout.
In late 2006, the people of Ecuador elected leftist Rafael Correa,
a PhD economist. A reformer, he wants to make fundamental changes to Ecuador's
political society. As he has little support in congress, he may not be able to
accomplish much, but the voters sent their leaders a clear message by electing
him: they've had enough. A former university professor with a doctorate in economics
from the University of Illinois, Correa may just be the man to put Ecuador on the path
to a sound economy for the future. Although Correa has voter approval to amend
some parts of the constitution, no changes to property ownership laws are being considered.
Ecuador's government publicly welcomes
foreign investment and offers a relatively
open foreign-investment regime. The
constitution gives foreign investment the same rights and treatment
as national investment. The country's most recent law governing foreign
investment, the Law on Promotion and Guarantee of Investments of December
19th 1997 (Law 46, Official Register 216), recognizes that Ecuador's development
requires the active participation of both national and foreign investment (EIU ViewsWire, New York: Dec 20, 2006)