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	<title>SDB Benchmark Real Estate &#187; real estate investment</title>
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	<description>Benchmark Real Estate Information</description>
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		<title>Real Estate Investing Ideas For Today&#8217;s Market</title>
		<link>http://www.sdb-club.com/blog/real-estate-investing-ideas-for-todays-market/</link>
		<comments>http://www.sdb-club.com/blog/real-estate-investing-ideas-for-todays-market/#comments</comments>
		<pubDate>Thu, 31 Dec 2009 13:26:25 +0000</pubDate>
		<dc:creator>][-NooM-][</dc:creator>
				<category><![CDATA[More Real Estate]]></category>
		<category><![CDATA[financial difficulties]]></category>
		<category><![CDATA[Investing Ideas]]></category>
		<category><![CDATA[private lenders]]></category>
		<category><![CDATA[Real Estate]]></category>
		<category><![CDATA[real estate investing]]></category>
		<category><![CDATA[real estate investment]]></category>
		<category><![CDATA[real estate investor]]></category>
		<category><![CDATA[reo sales]]></category>

		<guid isPermaLink="false">http://www.sdb-club.com/blog/?p=1464</guid>
		<description><![CDATA[A number of things likely come to mind when you think of real estate investing. You may think of real estate investing as real estate portfolios and real estate retirement plans, or you might focus on short sales, bulk reo investing and virtual real estate investing. You probably also wonder how these things play out [...]]]></description>
			<content:encoded><![CDATA[<p>A number of things likely come to mind when you think of real estate investing. You may think of real estate investing as real estate portfolios and real estate retirement plans, or you might focus on short sales, bulk reo investing and virtual real estate investing. You probably also wonder how these things play out in real estate investors life in the current economy.</p>
<p>There is a great deal to know about real estate investing. Getting the most out of real estate investing education involves being familiar with basic RE info. Whether your target is short sales, bulk reo sales, virtual real estate or improving real estate investor abilities, you need to know some real estate investing basics. Check out these three real estate investing tenets that many experts do not fully know:</p>
<p>1. Real estate investing education always yields positive. Each real estate deal can represent thousands of dollars in potential wealth. Getting the wealth is the key to your success. Learning as much as possible about real estate will increase your odds of success whenever you do a real estate deal. Small investments in education yield big results upon implementation.</p>
<p>2. You can succeed in real estate investing in any economy. Many people are under the misconception that success is possible in real estate only when the economy is good. In reality, poor economies are great for real estate investors. You can often buy properties at deep discounts. You could also locate deals that would not exist in a booming economy. Poor economies can have the tide turned based on real estate investing. Short sales, bulk reo sales and virtual real estate all thrive when the economy is less than thriving. Knowing how to do these deals can create wealth for you and save others from major financial difficulties.</p>
<p>3. You will not need lots of money to be a successful real estate investor. You can succeed in the real estate investing arena no matter how much money you are working with. There are a lot of deals that you can do with other people&#8217;s money. Private lenders will lend you their money if they think you are a good investment. The best way to be a good investment is to know as much as possible about real estate investing. This will help you show private lenders that you are a good investment if they do not know about real estate investing themselves.</p>
<p>A good deal of wealth can be generated with real estate investing. You will be able to create an income no matter what the economy. You can create your own success using your knowledge of short sales, real estate investing, bulk reo sales and virtual real estate. Knowing the basics of real estate investing will help you succeed as a real estate investor.</p>
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		<title>Avoiding Extra High Financing Costs</title>
		<link>http://www.sdb-club.com/blog/avoiding-extra-high-financing-costs/</link>
		<comments>http://www.sdb-club.com/blog/avoiding-extra-high-financing-costs/#comments</comments>
		<pubDate>Fri, 28 Aug 2009 06:58:18 +0000</pubDate>
		<dc:creator>][-NooM-][</dc:creator>
				<category><![CDATA[More Real Estate]]></category>
		<category><![CDATA[avoid extra]]></category>
		<category><![CDATA[financing costs]]></category>
		<category><![CDATA[Mortgage companies]]></category>
		<category><![CDATA[Real estate financing]]></category>
		<category><![CDATA[real estate investment]]></category>
		<category><![CDATA[real estate market]]></category>

		<guid isPermaLink="false">http://www.sdb-club.com/blog/?p=967</guid>
		<description><![CDATA[Did you know that there are ways for you to pay less while you own more? If you know exactly how to work with the real estate market, then you can also find ways to avoid extra financing costs. By finding the right area to focus on for your investment, you will be able to [...]]]></description>
			<content:encoded><![CDATA[<p><span style="color: #808080;">Did you know that there are ways for you to pay less while you own more? If you know exactly how to work with the real estate market, then you can also find ways to avoid extra financing costs. By finding the right area to focus on for your investment, you will be able to pay lower amounts without extra charges.</span></p>
<p><span style="color: #808080;">One of the easiest ways to avoid extra costs is to make sure that you pay your loan on time. Usually, mortgage companies will add in extra finances if you don&#8217;t pay by a date that they have set for you. Over a specific amount of time, this can cause you to pay hundreds of extra dollars in financing at one time. Staying ahead and consistent will help you to keep costs stable and lower.</span></p>
<p><span style="color: #808080;">Of course, knowing the loan options that are available to you can also help you to avoid financing costs. Some homes will require that you invest more, and some loan programs will also ask that you invest a higher amount. You will either want to make sure that this will be beneficial to you in the long run or you will want to look into a different type of plan. The plans that you invest in for mortgages will make a large difference in how much you pay overall and how much you pay each month.</span></p>
<p><span style="color: #808080;">The finances don&#8217;t stand alone when you are trying to avoid extra costs. The value of the property that you are investing in will also make a difference. The goal for any real estate investment is that there should be a high quality home for a lower price. You want to get as close to this goal as you can. Even if you pay on the home for a while, it will allow you to benefit later on with the investment that you have made. You will have the ability to have more returned to you when you decide to invest in something bigger and better.</span></p>
<p><span style="color: #808080;">Real estate financing can be beneficial if you approach it correctly. Understanding how all of the parts of your loan, your home and your individual need works together can help you to find the best deal. Over time, you will not only have a home to live in, but will also have an investment that can help you to make the most of what you have.</span></p>
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		<title>Bad Loan Woes Hit American Home</title>
		<link>http://www.sdb-club.com/blog/bad-loan-woes-hit-american-home/</link>
		<comments>http://www.sdb-club.com/blog/bad-loan-woes-hit-american-home/#comments</comments>
		<pubDate>Sun, 26 Jul 2009 12:52:40 +0000</pubDate>
		<dc:creator>][-NooM-][</dc:creator>
				<category><![CDATA[More Loans]]></category>
		<category><![CDATA[More Real Estate]]></category>
		<category><![CDATA[bad loan]]></category>
		<category><![CDATA[credit related expenses]]></category>
		<category><![CDATA[delinquent loans]]></category>
		<category><![CDATA[Home Mortgage Investment]]></category>
		<category><![CDATA[real estate investment]]></category>
		<category><![CDATA[secondary market]]></category>

		<guid isPermaLink="false">http://www.sdb-club.com/blog/?p=777</guid>
		<description><![CDATA[Chalk up another victim of the subprime lending debacle. American Home Mortgage Investment Corp. (AHM) said after the market close on June 28 that it expects to post a net loss in the second quarter due to additional reserves it&#8217;s had to set aside for bad loan repurchases. The shares plunged in NYSE trading June [...]]]></description>
			<content:encoded><![CDATA[<p><span style="color: #808080;">Chalk up another victim of the subprime lending debacle. American Home Mortgage Investment Corp. (AHM) said after the market close on June 28 that it expects to post a net loss in the second quarter due to additional reserves it&#8217;s had to set aside for bad loan repurchases. The shares plunged in NYSE trading June 29.</span></p>
<p><span style="color: #808080;">Driving the likely loss are the substantial charges for credit-related expenses that the real estate investment trust said it will take in the second quarter. These expenses have stemmed mostly from the 90-day &#8220;timely payment&#8221; warranty the company granted to buyers of its stated income loans with high loan-to-value ratios. American Home discontinued these high-risk loans in April.</span></p>
<p><span style="color: #808080;">The company said it will buy back delinquent loans with a portion of the proceeds from $125 million of 9.75% convertible trust preferred stock it has issued.</span></p>
<p><span style="color: #808080;">In the wake of the collapse in subprime lending, &#8220;the credit appetite of the secondary market has changed, so it&#8217;s not surprising that a lot of these loans were kicked back to [American Home] by the secondary market,&#8221; said Bose George, an analyst who covers the company at Keefe, Bruyette &amp; Woods. Nor did the company&#8217;s pre-announced loss astonish him, as he&#8217;s had an underperform rating on the stock for a while.</span></p>
<p><span style="color: #808080;">American Home also withdrew its full-year 2007 earnings outlook of $3.25 to $3.75 a share, citing the anticipated second-quarter results and uncertain conditions in the mortgage industry. Delinquency-related charges contributed to the 47% drop in profit that the company reported in the first quarter, compared with the year before.</span></p>
<p><span style="color: #808080;"><span id="more-777"></span>The Melville (N.Y.) company did reaffirm its quarterly dividend of 70 cents a share, saying that revenue from its portfolio, loan sales and servicing fees remained steady, partly due to higher demand for its loan pools, which has helped boost the price at which these pools trade. The company had previously cut its dividend from $1.12 in the first quarter.</span></p>
<p><span style="color: #808080;">In the first-quarter earnings release, Chief Executive Michael Strauss said that 87% of the company&#8217;s delinquency-related charges came from loans held for sale, not its current loan portfolio.</span></p>
<p><span style="color: #808080;">While positive, there&#8217;s little consolation in that, given that the gain-on-sale income American Home gets from selling into the secondary market accounts for roughly 75% of its total revenues, said George at KBW.</span></p>
<p><span style="color: #808080;">&#8220;If the secondary market conditions are weak for an extended period of time, this company will continue to struggle. What&#8217;s on the balance sheet is not sufficient to alleviate the problems on the secondary market side,&#8221; he said.</span></p>
<p><span style="color: #808080;">He predicted the secondary markets would remain cautious on credit largely due to the slowdown in home price appreciation. &#8220;If that&#8217;s the case, it will be harder for people to refinance, that will hurt the credit market, and it all translates into a lower risk appetite, which hurts the mortgage banks, especially the ones doing products with higher levels of credit risk.&#8221;</span></p>
<p><span style="color: #808080;">American Home&#8217;s discontinuation of the high-LTV loans in April should help lessen credit issues in the second half of this year, A.G. Edwards &amp; Sons said in a research note on June 29. The company noted a 53% drop in repurchase claims for May and June from peak levels in April.</span></p>
<p><span style="color: #808080;">A.G. Edwards, which rates the stock a hold, lowered its projection for gain-on-sale margins for the next three quarters, saying that although credit losses should peak in the second quarter, they &#8220;will still have a significant impact in the third quarter and ease in the fourth quarter.&#8221; Gain-on-sale margins will also be compressed by further problems in the mortgage industry and a shift in American Home&#8217;s portfolio from higher-margin Adjustable Rate Mortgage loans to lower-margin fixed-rate ones, the note said.</span></p>
<p><span style="color: #808080;">American Home shares were trading 13% lower at $18.02 on June 29.</span></p>
<p><span style="color: #808080;">A.G. Edwards advised investors not to buy on weakness, saying it lacked a clear view on the timing or severity of possible further credit write-downs and the potential for loan or margin weakness in the second half of the year.</span></p>
<p><span style="color: #808080;">The firm cut its earnings forecast for fiscal 2007 to $1.67 from $3.50 a share and pared its 2008 estimate to $2.89 from $4.50 a share, but it said it still sees the company&#8217;s longer-term prospects as favorable.</span></p>
<p><span style="color: #808080;">Standard &amp; Poor&#8217;s reconfirmed its buy rating on American Home shares, noting the decline in new repurchase claims in the latter part of the second quarter and saying &#8220;the company&#8217;s tightened underwriting standards should aid in the reduction of reserve requirements.&#8221; S&amp;P cut its full-year earnings estimate to $2.24 from $3.00 and kept its 12-month target price at $22, which equates to a discounted book value from historical levels. (Standard &amp; Poor&#8217;s, like BusinessWeek, is owned by McGraw-Hill Companies [MHP].)</span></p>
<p><span style="color: #808080;">George doesn&#8217;t own shares of American Home, but Keefe, Bruyette &amp; Woods expects to receive compensation for investment banking from the company within the next three months. A.G. Edwards doesn&#8217;t do investment banking with the company.</span></p>
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		<slash:comments>8</slash:comments>
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		<title>Making Rental Real Estate Investments Work for You</title>
		<link>http://www.sdb-club.com/blog/making-rental-real-estate-investments-work-for-you/</link>
		<comments>http://www.sdb-club.com/blog/making-rental-real-estate-investments-work-for-you/#comments</comments>
		<pubDate>Tue, 21 Jul 2009 13:34:12 +0000</pubDate>
		<dc:creator>][-NooM-][</dc:creator>
				<category><![CDATA[More Property]]></category>
		<category><![CDATA[More Real Estate]]></category>
		<category><![CDATA[capital appreciation]]></category>
		<category><![CDATA[mortgage insurance]]></category>
		<category><![CDATA[real estate investment]]></category>
		<category><![CDATA[rental property]]></category>
		<category><![CDATA[rental real estate]]></category>
		<category><![CDATA[tax advantages]]></category>

		<guid isPermaLink="false">http://www.sdb-club.com/blog/?p=605</guid>
		<description><![CDATA[Owning rental property can be a great source of steady income if handled properly, or it can be sold for a hefty profit to someone else looking for a long-term real estate investment if you are ready to move on and would like to make a larger, one-time windfall on the property. Deciding which way [...]]]></description>
			<content:encoded><![CDATA[<p><span style="color: #808080;">Owning <a href="http://www.sdb-club.com/blog/making-rental-real-estate-investments-work-for-you">rental property</a> can be a great source of steady income if handled properly, or it can be sold for a hefty profit to someone else looking for a long-term <a href="http://www.sdb-club.com/blog/making-rental-real-estate-investments-work-for-you">real estate investment</a> if you are ready to move on and would like to make a larger, one-time windfall on the property. Deciding which way you want to go depends on several things.</span></p>
<p><span style="color: #808080;">Owning rental property offers some <a href="http://www.sdb-club.com/blog/making-rental-real-estate-investments-work-for-you">tax advantages</a> and you benefit from <a href="http://www.sdb-club.com/blog/making-rental-real-estate-investments-work-for-you">capital appreciation</a> as well. This can make the expense of property upkeep well worth it, but there are plenty of other issues to consider as well.</span></p>
<p><span style="color: #808080;">When you own rental property, you have all of the standard legal obligations of owning property, including taxes, the <a href="http://www.sdb-club.com/blog/making-rental-real-estate-investments-work-for-you">mortgage, insurance</a> and any other expenses. In addition, you also need to be aware of the condition of the property at all times and maintain a safe living environment for your tenants. There is also the investment of time in managing the property doing repairs, following up with tenants if rent isn&#8217;t paid on time, seeing that all rules are being followed, settling disputes the list is a long one.</span></p>
<p><span style="color: #808080;">If you are considering selling your rental property, several things will influence the amount you can expect to get for it:</span></p>
<p><span style="color: #808080;">Are all or most of the units occupied? More people will be interested in purchasing if they know that the apartments have current tenants it guarantees them an immediate income stream.</span></p>
<p><span style="color: #808080;">Have there been updates to the units in the last few years? Investors will pay top dollar if they know they wont have to sink additional funds into improvements.</span></p>
<p><span style="color: #808080;">Are you charging your tenants a rent that is in line with the area? Buyers will want to know that when current leases or contracts expire, they will be able to fill the units easily.</span></p>
<p><span style="color: #808080;">If you decide you want to keep your rental property for a while, be sure you protect yourself financially and legally. Owning <a href="http://www.sdb-club.com/blog/making-rental-real-estate-investments-work-for-you">rental real estate</a> means knowing how to handle tenant effectively, fairly and legally while preserving your own rights.</span></p>
<p><span style="color: #808080;"><span id="more-605"></span>Never rent to anyone without having them fill out an application that includes references then be sure to check those references! Verify their employment record and, if theyve leased or rented before, talk to former landlords to see if theyve had problems in the past. A credit check is also a good idea if they are already having financial problems, you dont want to be the next one on the list.</span></p>
<p><span style="color: #808080;">Always have a standard rental contract drawn up that outlines the rules and regulations of the property, the rent and when it is due, any deposits required and rules regarding landlord access to the unit, etc. Be clear about what repairs and maintenance are and are not your responsibility as the landlord and the rules covering changes such as painting the rooms, etc.</span></p>
<p><span style="color: #808080;">One thing many landlords skimp on that&#8217;s a serious mistake is insurance you should be sure you have plenty of coverage for serious problems that may arise such as a leaky roof or a furnace break-down. Nothing ruins tenant-landlord relationships like the need for major repairs that aren&#8217;t quickly taken care of. Also be quick to address small problems or they will quickly pile up, giving the property a run-down appearance that will lower the rent you can charge.</span></p>
<p><span style="color: #808080;">Attention to detail is essential when you&#8217;re a landlord. Keep accurate records of all payments and follow up with in tenants who are late to find out the reasons. A few days here are there shouldn&#8217;t be a problem, but if someone is consistently late you may need to pull out a copy of their contract and review it with them.</span></p>
<p><span style="color: #808080;">Pay attention to what your tenants complaints are. If some of them consistently have problems with a particular neighbor in the building, you will need to have a face-to-fact meeting with the problem renter to see if there is a way to resolve the situation. When one person is making several others unhappy, whether its constant loud music or using others parking spots, it will affect the atmosphere of the whole building.</span></p>
<p><span style="color: #808080;">If you get to the point that you have to evict a tenant, consult with a legal professional. Its always best to make sure you&#8217;re following the correct procedures and haven&#8217;t missed any steps before demanding that someone move out. You don&#8217;t want to give them an excuse to sue you later.</span></p>
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		<slash:comments>5</slash:comments>
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		<title>Finance Your property Investment Properties</title>
		<link>http://www.sdb-club.com/blog/finance-your-property-investment-properties/</link>
		<comments>http://www.sdb-club.com/blog/finance-your-property-investment-properties/#comments</comments>
		<pubDate>Sun, 19 Jul 2009 19:14:24 +0000</pubDate>
		<dc:creator>][-NooM-][</dc:creator>
				<category><![CDATA[More Financial]]></category>
		<category><![CDATA[More Property]]></category>
		<category><![CDATA[More Real Estate]]></category>
		<category><![CDATA[finance company]]></category>
		<category><![CDATA[investment property]]></category>
		<category><![CDATA[mortgage balance]]></category>
		<category><![CDATA[property mortgages]]></category>
		<category><![CDATA[real estate investment]]></category>
		<category><![CDATA[seller financing]]></category>

		<guid isPermaLink="false">http://www.sdb-club.com/blog/?p=556</guid>
		<description><![CDATA[Unlike normal home property mortgages, real estate investment financing is far more creative and offers more options than you suspect. I have enough money ; should not I purchase my real estate investment for cash? No, I positively recommendation against investing huge sums of money into a single property investment. Permit me to explain the [...]]]></description>
			<content:encoded><![CDATA[<p><span style="color: #808080;">Unlike normal home <a href="http://www.sdb-club.com/blog/finance-your-property-investment-properties">property mortgages</a>, real estate investment financing is far more creative and offers more options than you suspect. I have enough money ; should not I purchase my <a href="http://www.sdb-club.com/blog/finance-your-property-investment-properties">real estate investment</a> for cash? No, I positively recommendation against investing huge sums of money into a single property investment.</span></p>
<p><span style="color: #808080;">Permit me to explain the leverage issue for an instant. I&#8217;ll give you an example of a $100,000 <a href="http://www.sdb-club.com/blog/finance-your-property-investment-properties">investment property</a> that generally increases its price ( appreciates ) by 7% average a year. If you are conservative with your investments you may be pleased with this type of a return. With the example above you&#8217;ll make approximately $15,000 a year in profits from your investment. Now let us take a closer look at what leveraging can do for you. Here&#8217;s a really great thread on the theme of day trading spread.</span></p>
<p><span style="color: #808080;">Today a usual property financier can get financing as high as 95% &#8211; 97% of the price. But this would be absolutely bigoted in this example to compare this with all money buying. Taking the same example from before your net return would be the 7% appreciation profits of your property. With the same $100,000 you can go out there and get twenty <a href="http://www.sdb-club.com/blog/finance-your-property-investment-properties">investment properties</a>, finance 95% of it and make a superb $140,000 profit a year. Householder loans UK are a particularly popular type of loan among banks, as they present more bank security than some other sorts of loans at the same time, though , these loans present chances to the home-owner that they won&#8217;t otherwise be fit for.</span></p>
<p><span style="color: #808080;"><span id="more-556"></span>The longer a person has owned their home and the more payments they&#8217;ve made against their mortgage, then the more equity they have in their home you could look at it as a method to measure what proportion of the home you really &#8220;own&#8221;, compared to how much is still held by the mortgage. The equity of a place or other piece of property is employed as security for house owner loans UK, suggesting a lien or legal claim is placed on it by the bank to supply a guarantee the loan will be paid back.</span></p>
<p><span style="color: #808080;">Should you fail to reimburse the loan and the bank or <a href="http://www.sdb-club.com/blog/finance-your-property-investment-properties">finance company</a> is not able to gather their cash, they have got a legal right to take ownership of the house or property and put it on the market to sell and reclaim their cash. Regardless of the message from all these late night infomercials, seller financing is harder to get than they would like you to make believe it is. Only about one out of 20 properties for sale may be able to get <a href="http://www.sdb-club.com/blog/finance-your-property-investment-properties">seller financing</a>. That implies that there is no <a href="http://www.sdb-club.com/blog/finance-your-property-investment-properties">mortgage balance</a> on the property. From this narrow selection the vendor must be galvanized to sell under these conditions. As you can see this interprets into lots of work to gain your goals.</span></p>
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		<slash:comments>11</slash:comments>
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		<title>Property Landscape Benchmark Lending</title>
		<link>http://www.sdb-club.com/blog/property-landscape-benchmark-lending/</link>
		<comments>http://www.sdb-club.com/blog/property-landscape-benchmark-lending/#comments</comments>
		<pubDate>Sat, 04 Jul 2009 10:42:44 +0000</pubDate>
		<dc:creator>][-NooM-][</dc:creator>
				<category><![CDATA[Benchmark Lending]]></category>
		<category><![CDATA[benchmark deposit]]></category>
		<category><![CDATA[Foreign Exchange]]></category>
		<category><![CDATA[lending rate]]></category>
		<category><![CDATA[Property Landscape]]></category>
		<category><![CDATA[real estate investment]]></category>

		<guid isPermaLink="false">http://www.sdb-club.com/blog/?p=326</guid>
		<description><![CDATA[The laws that govern Asia&#8217;s property markets serve many gods. A range of cultural values affects land ownership. Political considerations in the region encompass everything, from free democracies, to tightly controlled communist regimes. And of course, there is economics. In many cases this is the driving force behind regulatory changes that cool down, or speed [...]]]></description>
			<content:encoded><![CDATA[<p><span style="color: #808080;">The laws that govern Asia&#8217;s property markets serve many gods. A range of cultural values affects land ownership. Political considerations in the region encompass everything, from free democracies, to tightly controlled communist regimes. And of course, there is economics. In many cases this is the driving force behind regulatory changes that cool down, or speed up, investment.</span></p>
<p><span style="color: #808080;">&#8220;It&#8217;s very much a mixed bag,&#8221; says Jane Niven, regional general counsel for Jones Lang LaSalle. &#8220;You have Singapore, Hong Kong and India, which follow a common law based on the English system, as well as French and German influences elsewhere in Southeast Asia, an Australian system (Torrens), which has been adopted in some countries, and of course heavily regulated systems in Communist China and Vietnam.</span></p>
<p><span style="color: #808080;">&#8220;India is a title-based system, but it operates within such a corrupt environment that there are no guarantees of land ownership. People can claim an interest in property, even if they don&#8217;t have an interest, and they can tie it up in court for years and years, frustrating a legitimate owner&#8217;s ability to deal with that land for years at a time.</span></p>
<p><span style="color: #808080;">&#8220;There has been quite a lot of change in Malaysia, where there&#8217;s a recognition of the need to improve the private land situation, particularly with regard to foreign investment. &#8220;And many of these countries &#8211; Indonesia, the Philippines, Malaysia &#8211; will put legislation out for consideration which can take 18 months, two years, even up to five years to be passed.&#8221;</span></p>
<p><span style="color: #808080;">And yet, if Asian property law development has a common denominator, Niven contends, it is a reticence to encourage foreign ownership. This is an area that her team spends a good deal of time monitoring.</span></p>
<p><span style="color: #808080;">&#8220;Unquestionably, it&#8217;s one of the driving factors. You see it in places like Indonesia, changes to the laws in Thailand, particularly company laws which this year have made it more difficult for foreign corporations to operate and own property,&#8221; Niven says.</span></p>
<p><span style="color: #808080;">&#8220;Even in China, although they&#8217;ve introduced legislation to free up private ownership, they&#8217;ve actually made it much more difficult for foreign entities to own property, and that is an attempt to slow down the economy more than prevent foreigners from owning land.&#8221;</span></p>
<p><span style="color: #808080;"><br />
</span></p>
<p><span style="color: #808080;"><span id="more-326"></span>But just as regulation can restrict foreign investment, it can also encourage it. &#8220;Malaysia has changed some rules regarding foreign ownership to try and increase the amount of foreign investment in the country. They&#8217;re doing it in a limited way by defining areas ripe for development,&#8221; Niven says.</span></p>
<p><span style="color: #808080;">Still, she maintains: &#8220;Across the board, if you look at one thing Asian nations have pretty much in common is trying to keep the foreigners out. We&#8217;re always looking at the issue of foreign ownership and the issues around this. First is the economy and whether foreign ownership is used to drive the economy or slow it down via regulatory restrictions. [Generally] there&#8217;s been a tightening of foreign investment laws, although some would say they are more clarifications. But there&#8217;s no question that a lot of the governments are looking at foreign investors and how they invest, and are tightening their rules, and that eventually leads to land ownership issues, because foreign entities can&#8217;t come into a country unless it&#8217;s via a local owner.&#8221;</span></p>
<p><span style="color: #808080;">Niven puts forward one of Asia&#8217;s most progressive cities as an example. &#8220;Even in Singapore, to a certain extent, the vast majority of commercial land is owned by the government or government-controlled organizations. There are a lot of leasehold properties, some for 999 years, some 99 years. Even residential condominiums are on leasehold land.</span></p>
<p><span style="color: #808080;">&#8220;Where you&#8217;ve got freehold land, there are restrictions on foreign ownership. If you are just in Singapore on a work visa you can&#8217;t own what they call landed properties. You can only become a landed property owner if you become a permanent resident.&#8221;</span></p>
<p><span style="color: #808080;">Niven says this desire to keep foreign ownership at arm&#8217;s length, in Singapore, for example, &#8220;comes from a desire of keeping it an Asian country and also wanting to be seen to be very independent. Also, if you allow foreigners to own too much, that restricts the amount of property available to the locals. It&#8217;s a very small island and they need to ensure the local population is adequately housed and that means retaining control of property.&#8221;</span></p>
<p><span style="color: #808080;">Singapore saw a number of regulatory changes in the past year, according to research published by Allens Arthur Robinson. It included some notable policy changes to the Property Fund Guidelines, the Central Provident Fund and the Land Titles (Strata) Bill, governing en-bloc sales. The legislation aims to provide additional safeguards and greater transparency for all owners involved in such sales.</span></p>
<p><span style="color: #808080;">Amendments to the Property Fund Guidelines focused on establishing measures to safeguard the interests of investors in real estate investment trusts (REITs); providing greater clarity and flexibility on investment guidelines; and rationalizing the guidelines where the compliance costs exceed the benefits.</span></p>
<p><span style="color: #808080;">Allens Arthur Robinson also reports that the Monetary Authority of Singapore will amend the Securities and Futures Act and relevant regulations in the next round of legislative amendments, to set up a licensing regime for REIT managers. It concludes: &#8220;the increased focus on disclosure, investment flexibility, reduction of compliance costs and supervision of REIT managers, should serve to advance Singapore&#8217;s position as one of the most developed REIT markets in the region&#8221;.</span></p>
<p><span style="color: #808080;">But in terms of regulatory changes in the past year, most of Asia has remained unremarkable. The two nations that stand out, Malaysia and China, do so much for the economic reasons that Niven describes.</span></p>
<p><span style="color: #808080;">The Property Right Law of the People&#8217;s Republic of China provides, for the first time, a unified definition for a property right and introduces the concept in China. It also expressly protects an individual&#8217;s property rights from infringement at the same level as state and collective rights, and affords specific protection for mining, mineral and other use rights. Allens Arthur Robinson research adds that the law is a landmark for China, where land cannot be privately owned. &#8220;Under the current framework, purchasers of residential and commercial real estate, as well as farmers, receive grants of lease for up to 70 years, with the underlying fee simply reverting to the state or the collective at the end of the term.&#8221; Allens Arthur Robinson also observes that it is unclear how many of the details of the law will be applied in practice. &#8220;Many of the provisions have been defined generally or are silent as to the mechanics of how they will operate. Therefore, much will depend on the detailed implementation guidelines that are to follow and subsequent interpretation by the courts.&#8221;</span></p>
<p><span style="color: #808080;">Kenny Suen, managing director of Vigers Asia Pacific, says that China is struggling to keep a lid on an overheating economy, which has been helped in no small part by property investment. To counter this, China has been working overtime. It has used both monetary and regulatory controls to cool the economy and shut out foreign investment.</span></p>
<p><span style="color: #808080;">Suen says that the cycle of tightening measures is still on track to cool down the overheated market, which the introduction of a series of monetary measures in the third quarter initiated. &#8220;The deposit-reserve ratio requirement was lifted by 50 basis points to 12.5%, effective from September 25. Meanwhile, both the one-year benchmark deposit rate and lending rate increased by 0.27% to 3.87% and 7.29% respectively. Besides, uplifting the cost of borrowing proved to be another core tightening measure. The People&#8217;s Bank of China and the China Banking Regulatory Commission jointly announced in September an increase in the mortgage costs for both commercial and second residential properties by raising the down-payment on second residential properties to at least 40% from 30%, and down-payment on commercial properties to at least 50% from 40%.&#8221;</span></p>
<p><span style="color: #808080;">The tighter lending standards were designed to put home-owners and buyers in a bind, &#8220;but the strong buying sentiment currently shows no sign of waning,&#8221; Suen says.</span></p>
<p><span style="color: #808080;">&#8220;In addition to monetary policy tightening, the central government has issued regulations to restrict foreigners buying properties since 2006,&#8221; he adds. &#8220;Following Beijing and Shanghai, the Shenzhen Municipal Bureau of Land Resources and Housing Management and the Shenzhen office of the State Administration of Foreign Exchange issued a joint notice in July 2007 to restrict foreigners from buying houses. Foreigners (excluding residents in Hong Kong, Macau and Taiwan) who have resided or studied in mainland China for less than a year are restricted from buying a residential property for their personal use. Meanwhile, foreigners (including residents in Hong Kong, Macau and Taiwan) are restricted to buying only one residential property for their personal use.&#8221;</span></p>
<p><span style="color: #808080;">Suen thinks that the tighter measures have not undermined investor confidence in Chinese residential property, even though the central government is likely to introduce stricter measures soon to moderate the continued acceleration of property capital values.</span></p>
<p><span style="color: #808080;">Developers also saw the full implementation of Land Appreciation Tax collections from February 1 2007. They will now have to pay land-use fees in a lump sum, rather than in instalments, from November 1; this is designed to dry up cash-flow. Foreign entities wanting to buy properties for investment can now only do so through a wholly foreign-owned mainland company, or a joint venture with a mainland firm. They must also pay at least 50% equity for projects worth over US$10 million. The Chinese State Administration of Foreign Exchange has banned foreign investors from borrowing offshore, to target foreign investors riding on lower offshore interest rates. Now forced to borrow domestically, they will find it difficult to fund projects after the central government has instructed its banks to rein in loans in this sector.</span></p>
<p><span style="color: #808080;">While China continues to fence itself in, Malaysia is showing the region another direction with property law reform, according to Darien Bradshaw, regional director for Colliers International. &#8220;The only major change I&#8217;ve seen recently which is real in terms of government guidelines is Malaysia, where capital gains tax was abolished on April 1 [2007],&#8221; he says. &#8220;In the pipeline there have been discussions, as I understand it, that stamp duty might be abolished as well.</span></p>
<p><span style="color: #808080;">&#8220;In Malaysia, as a foreigner you can buy a freehold property, get a loan of 70%, there&#8217;s no restrictions on money going in and out, and you can sell at any time during construction if you&#8217;re buying off the plan. I would rate it very close to the UK and New Zealand in terms of acquisition costs and disposal costs and the ability to get money in and out. Across the board, the Malaysian government has done more than any other government in Asia in terms of enabling foreigners to invest in their country.&#8221;</span></p>
<p><span style="color: #808080;">Aravindhran Balan, manager of the knowledge department of the Malaysian firm Jayadeep Hari &amp; Jamil, agrees that there have been numerous changes and amendments to Malaysia&#8217;s property regime in the past 12 months, and that the abolition of capital gains tax was a big concession to all investors.</span></p>
<p><span style="color: #808080;">&#8220;Prior to April 1 2007, capital gains or profits arising from the disposal of property were subject to gains tax of up to 30% of the profit from the sale,&#8221; Aravindhran says. &#8220;An individual could claim exemption from real property gains tax for disposal of only one private residence in his lifetime. The taxable amount was based on the duration you held the property.&#8221;</span></p>
<p><span style="color: #808080;">Since November last year, the Malaysian government has also eased the guidelines for the purchase of residential properties by foreigners. Previously, it required the approval of the Foreign Investment Committee (FIC), a division under the federal government&#8217;s Economic Planning Unit, and the local State Authority.</span></p>
<p><span style="color: #808080;">&#8220;These processes consumed time and cost. Worse still was the fact that the applications could not be made concurrently because the State Authority would always require that the FIC Approval be obtained first as a prerequisite to its consideration,&#8221; Aravindhran says.</span></p>
<p><span style="color: #808080;">&#8220;In a nutshell, the new guidelines state that FIC approval is no longer required where a foreign national or permanent resident purchases a residential property exceeding RM250,000 (US$74,200) in value (the rules on residential properties below the value of RM250,000 remain unchanged); and also where the property is bought solely for the foreign purchaser&#8217;s own use and occupation only (not to be rented or leased out or purchased as investment).&#8221;</span></p>
<p><span style="color: #808080;">Aravindhran says that the changes and amendments to the legislative and regulatory outfit of property law in Malaysia are a step by the government to liberalize its legal regime, with the aim of reducing red tape and preventing the deterrence of foreign direct investment.</span></p>
<p><span style="color: #808080;">&#8220;I cannot comment on whether Malaysia is the most progressive nation with respect to its property laws compared to its neighbours, but it is evident that over the past year Malaysia is making strides in modifying its property laws to boost the property market and better safeguard the interest of purchasers, and even the sellers. There are definitely more changes expected to come, since Malaysia has only just begun its journey in reforming its property laws.&#8221;</span></p>
<p><span style="color: #808080;">Bradshaw says Malaysia is &#8220;the best example in the region of all the good things to do&#8221;. He lists Thailand as &#8220;the flip side&#8221;.</span></p>
<p><span style="color: #808080;">&#8220;For example if you&#8217;re buying a property off the plan, if you&#8217;re looking at any major new development, on a freehold basis developers can sell 49% of their projects overseas. But it&#8217;s very difficult to get finance, so you need to be a cash buyer.</span></p>
<p><span style="color: #808080;">&#8220;Where there&#8217;ve been misunderstandings is where the government has said they&#8217;re going to clamp down in terms of people buying villas that come with land. Really the only way you can do that is by setting up a local Thai company where, as a foreigner, you can only earn 49% of the shares in that company, which means you can only own on a leasehold basis.</span></p>
<p><span style="color: #808080;">&#8220;There have been a lot of misunderstandings about the differences between investing in units off the plan and buying a villa or house on a piece of land, and that has been further complicated because there&#8217;s an interim government and we don&#8217;t really know what the policies of the new government will be.&#8221;</span></p>
<p><span style="color: #808080;">John Howard, managing director of Tilleke and Gibbins International in Phuket, agrees that uncertainty in Thailand&#8217;s market stems from political realities.</span></p>
<p><span style="color: #808080;">&#8220;Thailand is waiting for an elected government in December, so don&#8217;t expect changes, if any, until next year,&#8221; he says. &#8220;Thailand will not open land acquisition to foreigners (presently possible only to a discrete category of approved investors), but it matters not, as the market accepts long-term leasehold and there is often no appreciable difference in price. Thailand may enhance the foreign freehold condominium quota.&#8221; Howard sees the region&#8217;s notables this year, apart from China and Malaysia, as Singapore, &#8220;which has opened up some land to foreign freehold purchase,&#8221; and Vietnam &#8220;which is talking about modernizing its land records and long-term leasehold laws&#8221;.</span></p>
<p><span style="color: #808080;">He says &#8220;the common thread&#8221; with Asian property is long-term leasehold, which is where it differs from other regions.</span></p>
<p><span style="color: #808080;">&#8220;Most other countries allow foreign ownership of land, sometimes with conditions. In those countries long-term leasehold is not common, although it exists in some parts of, for example, Europe, Australia, the UK and the US. In the more developed nations the law in effect guarantees the validity of a title. That is not the case in much of Asia, so a rigorous title due diligence is almost always indicated.&#8221;</span></p>
<p><span style="color: #808080;">Bradshaw also lists Vietnam as an area of potential interest. &#8220;There&#8217;s been a slight watering down of government policy to try and entice foreign investors into the market. For example, you only need a multiple-entry visa now for a period of three months as a prerequisite for buying property, but it&#8217;s still only on a 50-year leasehold basis, and it&#8217;s a still a grey area in terms of laws untested, but there has been some documentation from government.&#8221;</span></p>
<p><span style="color: #808080;">He concedes that foreign ownership in Asia is tightly controlled, but adds: &#8220;there have been changes in places like Macau with the deregulation of property there, so foreigners have been able to get a foothold into that market.&#8221;</span></p>
<p><span style="color: #808080;">Howard says leaseholds are the norm for the region and, despite some reforms, will probably remain that way. &#8220;By and large there are laws and they do govern property, but what property? Owning a building is generally allowed, but not the land on which it resides. As the building generally cannot be moved, it goes with the land. While some countries allow freehold ownership of land or apartments, for land, long-term leasehold is the reality in the region, with differences being in what types of leases can be taken, and how secure they are.&#8221;</span></p>
<div id="_mcePaste" style="overflow: hidden; position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px;"><span style="color: #808080;">The laws that govern Asia&#8217;s property markets serve many gods. A range of cultural values affects land ownership. Political considerations in the region encompass everything, from free democracies, to tightly controlled communist regimes. And of course, there is economics. In many cases this is the driving force behind regulatory changes that cool down, or speed up, investment.</span></p>
<p><span style="color: #808080;">&#8220;It&#8217;s very much a mixed bag,&#8221; says Jane Niven, regional general counsel for Jones Lang LaSalle. &#8220;You have Singapore, Hong Kong and India, which follow a common law based on the English system, as well as French and German influences elsewhere in Southeast Asia, an Australian system (Torrens), which has been adopted in some countries, and of course heavily regulated systems in Communist China and Vietnam.</span></p>
<p><span style="color: #808080;">&#8220;India is a title-based system, but it operates within such a corrupt environment that there are no guarantees of land ownership. People can claim an interest in property, even if they don&#8217;t have an interest, and they can tie it up in court for years and years, frustrating a legitimate owner&#8217;s ability to deal with that land for years at a time.</span></p>
<p><span style="color: #808080;">&#8220;There has been quite a lot of change in Malaysia, where there&#8217;s a recognition of the need to improve the private land situation, particularly with regard to foreign investment. &#8220;And many of these countries &#8211; Indonesia, the Philippines, Malaysia &#8211; will put legislation out for consideration which can take 18 months, two years, even up to five years to be passed.&#8221;</span></p>
<p><span style="color: #808080;">And yet, if Asian property law development has a common denominator, Niven contends, it is a reticence to encourage foreign ownership. This is an area that her team spends a good deal of time monitoring.</span></p>
<p><span style="color: #808080;">&#8220;Unquestionably, it&#8217;s one of the driving factors. You see it in places like Indonesia, changes to the laws in Thailand, particularly company laws which this year have made it more difficult for foreign corporations to operate and own property,&#8221; Niven says.</span></p>
<p><span style="color: #808080;">&#8220;Even in China, although they&#8217;ve introduced legislation to free up private ownership, they&#8217;ve actually made it much more difficult for foreign entities to own property, and that is an attempt to slow down the economy more than prevent foreigners from owning land.&#8221;</span></p>
<p><span style="color: #808080;">But just as regulation can restrict foreign investment, it can also encourage it. &#8220;Malaysia has changed some rules regarding foreign ownership to try and increase the amount of foreign investment in the country. They&#8217;re doing it in a limited way by defining areas ripe for development,&#8221; Niven says.</span></p>
<p><span style="color: #808080;">Still, she maintains: &#8220;Across the board, if you look at one thing Asian nations have pretty much in common is trying to keep the foreigners out. We&#8217;re always looking at the issue of foreign ownership and the issues around this. First is the economy and whether foreign ownership is used to drive the economy or slow it down via regulatory restrictions. [Generally] there&#8217;s been a tightening of foreign investment laws, although some would say they are more clarifications. But there&#8217;s no question that a lot of the governments are looking at foreign investors and how they invest, and are tightening their rules, and that eventually leads to land ownership issues, because foreign entities can&#8217;t come into a country unless it&#8217;s via a local owner.&#8221;</span></p>
<p><span style="color: #808080;">Niven puts forward one of Asia&#8217;s most progressive cities as an example. &#8220;Even in Singapore, to a certain extent, the vast majority of commercial land is owned by the government or government-controlled organizations. There are a lot of leasehold properties, some for 999 years, some 99 years. Even residential condominiums are on leasehold land.</span></p>
<p><span style="color: #808080;">&#8220;Where you&#8217;ve got freehold land, there are restrictions on foreign ownership. If you are just in Singapore on a work visa you can&#8217;t own what they call landed properties. You can only become a landed property owner if you become a permanent resident.&#8221;</span></p>
<p><span style="color: #808080;">Niven says this desire to keep foreign ownership at arm&#8217;s length, in Singapore, for example, &#8220;comes from a desire of keeping it an Asian country and also wanting to be seen to be very independent. Also, if you allow foreigners to own too much, that restricts the amount of property available to the locals. It&#8217;s a very small island and they need to ensure the local population is adequately housed and that means retaining control of property.&#8221;</span></p>
<p><span style="color: #808080;">Singapore saw a number of regulatory changes in the past year, according to research published by Allens Arthur Robinson. It included some notable policy changes to the Property Fund Guidelines, the Central Provident Fund and the Land Titles (Strata) Bill, governing en-bloc sales. The legislation aims to provide additional safeguards and greater transparency for all owners involved in such sales.</span></p>
<p><span style="color: #808080;">Amendments to the Property Fund Guidelines focused on establishing measures to safeguard the interests of investors in real estate investment trusts (REITs); providing greater clarity and flexibility on investment guidelines; and rationalizing the guidelines where the compliance costs exceed the benefits.</span></p>
<p><span style="color: #808080;">Allens Arthur Robinson also reports that the Monetary Authority of Singapore will amend the Securities and Futures Act and relevant regulations in the next round of legislative amendments, to set up a licensing regime for REIT managers. It concludes: &#8220;the increased focus on disclosure, investment flexibility, reduction of compliance costs and supervision of REIT managers, should serve to advance Singapore&#8217;s position as one of the most developed REIT markets in the region&#8221;.</span></p>
<p><span style="color: #808080;">But in terms of regulatory changes in the past year, most of Asia has remained unremarkable. The two nations that stand out, Malaysia and China, do so much for the economic reasons that Niven describes.</span></p>
<p><span style="color: #808080;">The Property Right Law of the People&#8217;s Republic of China provides, for the first time, a unified definition for a property right and introduces the concept in China. It also expressly protects an individual&#8217;s property rights from infringement at the same level as state and collective rights, and affords specific protection for mining, mineral and other use rights. Allens Arthur Robinson research adds that the law is a landmark for China, where land cannot be privately owned. &#8220;Under the current framework, purchasers of residential and commercial real estate, as well as farmers, receive grants of lease for up to 70 years, with the underlying fee simply reverting to the state or the collective at the end of the term.&#8221; Allens Arthur Robinson also observes that it is unclear how many of the details of the law will be applied in practice. &#8220;Many of the provisions have been defined generally or are silent as to the mechanics of how they will operate. Therefore, much will depend on the detailed implementation guidelines that are to follow and subsequent interpretation by the courts.&#8221;</span></p>
<p><span style="color: #808080;">Kenny Suen, managing director of Vigers Asia Pacific, says that China is struggling to keep a lid on an overheating economy, which has been helped in no small part by property investment. To counter this, China has been working overtime. It has used both monetary and regulatory controls to cool the economy and shut out foreign investment.</span></p>
<p><span style="color: #808080;">Suen says that the cycle of tightening measures is still on track to cool down the overheated market, which the introduction of a series of monetary measures in the third quarter initiated. &#8220;The deposit-reserve ratio requirement was lifted by 50 basis points to 12.5%, effective from September 25. Meanwhile, both the one-year benchmark deposit rate and lending rate increased by 0.27% to 3.87% and 7.29% respectively. Besides, uplifting the cost of borrowing proved to be another core tightening measure. The People&#8217;s Bank of China and the China Banking Regulatory Commission jointly announced in September an increase in the mortgage costs for both commercial and second residential properties by raising the down-payment on second residential properties to at least 40% from 30%, and down-payment on commercial properties to at least 50% from 40%.&#8221;</span></p>
<p><span style="color: #808080;">The tighter lending standards were designed to put home-owners and buyers in a bind, &#8220;but the strong buying sentiment currently shows no sign of waning,&#8221; Suen says.</span></p>
<p><span style="color: #808080;">&#8220;In addition to monetary policy tightening, the central government has issued regulations to restrict foreigners buying properties since 2006,&#8221; he adds. &#8220;Following Beijing and Shanghai, the Shenzhen Municipal Bureau of Land Resources and Housing Management and the Shenzhen office of the State Administration of Foreign Exchange issued a joint notice in July 2007 to restrict foreigners from buying houses. Foreigners (excluding residents in Hong Kong, Macau and Taiwan) who have resided or studied in mainland China for less than a year are restricted from buying a residential property for their personal use. Meanwhile, foreigners (including residents in Hong Kong, Macau and Taiwan) are restricted to buying only one residential property for their personal use.&#8221;</span></p>
<p><span style="color: #808080;">Suen thinks that the tighter measures have not undermined investor confidence in Chinese residential property, even though the central government is likely to introduce stricter measures soon to moderate the continued acceleration of property capital values.</span></p>
<p><span style="color: #808080;">Developers also saw the full implementation of Land Appreciation Tax collections from February 1 2007. They will now have to pay land-use fees in a lump sum, rather than in instalments, from November 1; this is designed to dry up cash-flow. Foreign entities wanting to buy properties for investment can now only do so through a wholly foreign-owned mainland company, or a joint venture with a mainland firm. They must also pay at least 50% equity for projects worth over US$10 million. The Chinese State Administration of Foreign Exchange has banned foreign investors from borrowing offshore, to target foreign investors riding on lower offshore interest rates. Now forced to borrow domestically, they will find it difficult to fund projects after the central government has instructed its banks to rein in loans in this sector.</span></p>
<p><span style="color: #808080;">While China continues to fence itself in, Malaysia is showing the region another direction with property law reform, according to Darien Bradshaw, regional director for Colliers International. &#8220;The only major change I&#8217;ve seen recently which is real in terms of government guidelines is Malaysia, where capital gains tax was abolished on April 1 [2007],&#8221; he says. &#8220;In the pipeline there have been discussions, as I understand it, that stamp duty might be abolished as well.</span></p>
<p><span style="color: #808080;">&#8220;In Malaysia, as a foreigner you can buy a freehold property, get a loan of 70%, there&#8217;s no restrictions on money going in and out, and you can sell at any time during construction if you&#8217;re buying off the plan. I would rate it very close to the UK and New Zealand in terms of acquisition costs and disposal costs and the ability to get money in and out. Across the board, the Malaysian government has done more than any other government in Asia in terms of enabling foreigners to invest in their country.&#8221;</span></p>
<p><span style="color: #808080;">Aravindhran Balan, manager of the knowledge department of the Malaysian firm Jayadeep Hari &amp; Jamil, agrees that there have been numerous changes and amendments to Malaysia&#8217;s property regime in the past 12 months, and that the abolition of capital gains tax was a big concession to all investors.</span></p>
<p><span style="color: #808080;">&#8220;Prior to April 1 2007, capital gains or profits arising from the disposal of property were subject to gains tax of up to 30% of the profit from the sale,&#8221; Aravindhran says. &#8220;An individual could claim exemption from real property gains tax for disposal of only one private residence in his lifetime. The taxable amount was based on the duration you held the property.&#8221;</span></p>
<p><span style="color: #808080;">Since November last year, the Malaysian government has also eased the guidelines for the purchase of residential properties by foreigners. Previously, it required the approval of the Foreign Investment Committee (FIC), a division under the federal government&#8217;s Economic Planning Unit, and the local State Authority.</span></p>
<p><span style="color: #808080;">&#8220;These processes consumed time and cost. Worse still was the fact that the applications could not be made concurrently because the State Authority would always require that the FIC Approval be obtained first as a prerequisite to its consideration,&#8221; Aravindhran says.</span></p>
<p><span style="color: #808080;">&#8220;In a nutshell, the new guidelines state that FIC approval is no longer required where a foreign national or permanent resident purchases a residential property exceeding RM250,000 (US$74,200) in value (the rules on residential properties below the value of RM250,000 remain unchanged); and also where the property is bought solely for the foreign purchaser&#8217;s own use and occupation only (not to be rented or leased out or purchased as investment).&#8221;</span></p>
<p><span style="color: #808080;">Aravindhran says that the changes and amendments to the legislative and regulatory outfit of property law in Malaysia are a step by the government to liberalize its legal regime, with the aim of reducing red tape and preventing the deterrence of foreign direct investment.</span></p>
<p><span style="color: #808080;">&#8220;I cannot comment on whether Malaysia is the most progressive nation with respect to its property laws compared to its neighbours, but it is evident that over the past year Malaysia is making strides in modifying its property laws to boost the property market and better safeguard the interest of purchasers, and even the sellers. There are definitely more changes expected to come, since Malaysia has only just begun its journey in reforming its property laws.&#8221;</span></p>
<p><span style="color: #808080;">Bradshaw says Malaysia is &#8220;the best example in the region of all the good things to do&#8221;. He lists Thailand as &#8220;the flip side&#8221;.</span></p>
<p><span style="color: #808080;">&#8220;For example if you&#8217;re buying a property off the plan, if you&#8217;re looking at any major new development, on a freehold basis developers can sell 49% of their projects overseas. But it&#8217;s very difficult to get finance, so you need to be a cash buyer.</span></p>
<p><span style="color: #808080;">&#8220;Where there&#8217;ve been misunderstandings is where the government has said they&#8217;re going to clamp down in terms of people buying villas that come with land. Really the only way you can do that is by setting up a local Thai company where, as a foreigner, you can only earn 49% of the shares in that company, which means you can only own on a leasehold basis.</span></p>
<p><span style="color: #808080;">&#8220;There have been a lot of misunderstandings about the differences between investing in units off the plan and buying a villa or house on a piece of land, and that has been further complicated because there&#8217;s an interim government and we don&#8217;t really know what the policies of the new government will be.&#8221;</span></p>
<p><span style="color: #808080;">John Howard, managing director of Tilleke and Gibbins International in Phuket, agrees that uncertainty in Thailand&#8217;s market stems from political realities.</span></p>
<p><span style="color: #808080;">&#8220;Thailand is waiting for an elected government in December, so don&#8217;t expect changes, if any, until next year,&#8221; he says. &#8220;Thailand will not open land acquisition to foreigners (presently possible only to a discrete category of approved investors), but it matters not, as the market accepts long-term leasehold and there is often no appreciable difference in price. Thailand may enhance the foreign freehold condominium quota.&#8221; Howard sees the region&#8217;s notables this year, apart from China and Malaysia, as Singapore, &#8220;which has opened up some land to foreign freehold purchase,&#8221; and Vietnam &#8220;which is talking about modernizing its land records and long-term leasehold laws&#8221;.</span></p>
<p><span style="color: #808080;">He says &#8220;the common thread&#8221; with Asian property is long-term leasehold, which is where it differs from other regions.</span></p>
<p><span style="color: #808080;">&#8220;Most other countries allow foreign ownership of land, sometimes with conditions. In those countries long-term leasehold is not common, although it exists in some parts of, for example, Europe, Australia, the UK and the US. In the more developed nations the law in effect guarantees the validity of a title. That is not the case in much of Asia, so a rigorous title due diligence is almost always indicated.&#8221;</span></p>
<p><span style="color: #808080;">Bradshaw also lists Vietnam as an area of potential interest. &#8220;There&#8217;s been a slight watering down of government policy to try and entice foreign investors into the market. For example, you only need a multiple-entry visa now for a period of three months as a prerequisite for buying property, but it&#8217;s still only on a 50-year leasehold basis, and it&#8217;s a still a grey area in terms of laws untested, but there has been some documentation from government.&#8221;</span></p>
<p><span style="color: #808080;">He concedes that foreign ownership in Asia is tightly controlled, but adds: &#8220;there have been changes in places like Macau with the deregulation of property there, so foreigners have been able to get a foothold into that market.&#8221;</span></p>
<p><span style="color: #808080;">Howard says leaseholds are the norm for the region and, despite some reforms, will probably remain that way. &#8220;By and large there are laws and they do govern property, but what property? Owning a building is generally allowed, but not the land on which it resides. As the building generally cannot be moved, it goes with the land. While some countries allow freehold ownership of land or apartments, for land, long-term leasehold is the reality in the region, with differences being in what types of leases can be taken, and how secure they are.&#8221;</span></div>
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