Once
you have selected a property that you want to purchase, your agent
will provide you with an offer form called a Preliminary Agreement.
Often the offer form will go back and forth between you and the
Vendor until all conditions of the sale and the purchase price is
agreed up by both parties. At this time, this offer form it will
go to the lawyers for each party and a more formal contract will
be entered into that will be firm and binding. Also att this time,
10% of the purchase price will accompany the the accepted offer
agreement and this sum will be held in trust by the vendors lawyer
or the Vendor' Realtor until closing of the transaction. A date
for closing is set by contract between parties and the on that date
your attorney will be delivered a Transfer document in exchange
for the remainder of the purchase price. Your attorney will deliver
this Transfer document to the Land Registry where the Registrar
deletes the name of the Seller and inserts your name or the name
of your company, depending how you are taking title. You are now
the new owner of the property. At this time upon registration the
land value will be established by the sale price or government appraisal
for the collection of Stamp Duty...which must be paid to the government
within 30 days of closing.
The Purchase and Sale Agreement Document
This is an approved document that is filed with the Registrar within
one month of the date of execution of the sale.
This document describes the property, sets out the agreed upon price
and terms and any other relevant conditions involved in the transaction.
In most cases the deposits and the proceeds form the sale are held
in trust until the transfer is registered.
Once registered, proceeds are released to the Vendor and real estate
commissions to the Agent.
A Land Certificate is issued as evidence of the title with the original
staying in the Registry and a copy of the Land Register Certificate
will show current ownership and any liens or charges on the property.
Removal of charges against title must be made by the person to whom
the money is payable.
Turks and Caicos Government Registration of Land Title is final
and title is absolute.
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