To some degree, the term "International
Real Estate"
is a misnomer. Real Estate is obviously local in nature and comparatively few
parcels of real estate straddle the boundaries of two or more nations. When they
do, they might better be described as "transnational",
"bi-national" or some such term more descriptive of their special
status. Such parcels are considered special situations as special problems
relating to jurisdiction, applicable law, conflicts of law and politics enter
into play. However interesting these special situations might be, they do
not constitute the topic most people are interested in when the term
"international real estate" is used.
Instead,
when using the term, people are most likely to be thinking about real estate
located in a nation other than their own. A more appropriate term for such
real estate might be "foreign real estate" but the qualifier
"international" does not have the negative connotations of
"foreign" and is perhaps seen as somewhat more glamorous. Marketers of
real estate might also use the term even for properties located in their own
nation, if the market that they seek to affect includes potential buyers and
other users located in another country.
The
last decade has seen companies, institutions and individuals alike increasingly
look to real estate situated in various parts of the world as appropriate
vehicles for investing their money and their time. As a result, real
estate professionals and novices alike have come to think of most of the
properties they handle as "international" particularly now that the
Internet allows them to establish an international presence nearly
overnight. There is, to be sure, still a market for local, domestic or
national real estate but the reason for so qualifying that market seems to have
more to do with the marketer's expertise and intended audience than anything
else.
Hence, the
approach taken by the author of this page will focus on categorical opportunities and perils, choices and restrictions,
problems and solutions people encounter as they ever more often extend their
activities outside the boundaries of their own countries and continents.
These topics cover a very broad area of enquiry where marketing, law,
accounting, construction and environmental concerns overlap. The limits of this
approach will be set more by the relationships that people create between
themselves, or which are thrust upon them, when they engage or are engaged in
matters regarding real estate with people outside of their own countries.
A simple
example will serve to illustrate: Suppose the owner-resident of a house in
Switzerland
dies intestate, leaving heirs in California and Switzerland. One of the
Swiss heirs is interested in acquiring the house by buying out his co-heirs,
contacts the California heirs with an offer, obtains the approval of all of
them, save one, who is afflicted with a terminal, incapacitating disease.
Clearly, the succession of the property is subject to Swiss law, as is the sale.
Not so clear perhaps is the extent to which Swiss law, California law, or both
will govern the transfer of the incapacitated heir's rights.
Is
this an "international real estate" problem ? If the question were
addressed to this page's author, the answer would be yes, because both
Switzerland and California have jurisdiction over some part of the transaction
which involves real estate.
The aim of the
author of this Website page is to publish information from time to time about this topic, and
thereby help our audience better to discriminate among the
sources of information, as well as the planners and the players
active in the field, and thereby better to decide whether to commit resources of time
or money to it. This page will also serve to introduce our readers to individual
opportunities involving real estate and travel most susceptible of being of interest to
people resident in countries other than the country of location.
Information regarding such opportunities will be accessible through icons
located in the margins ("Kwik-Links") and bearing the notation
.
Kwik-Linkssm
also lead to other areas of consulting where we provide services and to firms with
which we have Internet Links or other arrangements.
DISCA
sm
will, from time to
time, publish on this page articles of interest in the field of international
real estate. You are invited to submit your proposed article for
publication on the
understanding that you agree that your submittal may be deemed to be your
representation that the material submitted may be published free of charge and
is not subject to any reservation of
rights you or anyone else may have under the laws of any country applicable to
intellectual property, and that you will hold us harmless from any claim based
on the violation of any such rights, if your article is selected for
publication.