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The Oaks Frequent Questions And Answers


Why is the Guanacaste real estate market strong?

The Guanacaste area is one of the most robust markets in all of Costa Rica. Every investor knows that market demand increases with improved accessibility, which is provided by infrastructure. And in the last four years, important infrastructure investment has dramatically improved accessibility.

The most important event for Guanacaste's infrastructure was the opening of Liberia's airport to direct international flights from North America in December 2002. (A direct flight from Miami is only 2 hours and 45 minutes.) Because the airport is only 48 minutes away from The Oaks, many visitors fly in directly from North America, avoiding the drive from the capital city of San Jose altogether. Equally important, but not yet showing up in statistics, is the inauguration of the first direct international flights from Europe in May 2007. These visitors will start showing up in the statistics next year.

According to official government statistics, the number of passengers going through the Liberia International Airport has increased six fold over the past four years, from 56,262 in 2002 to 351,515 in 2006. Over the last five peak travel seasons, from November through April, landings and departures have increased by almost 200,000, from 36,369 during November 2001 - April 2002, to 236,330 during November 2006 - April 2007. Not surprisingly, plans are now underway to expand the airport to accommodate future growth.

Most investors do not realize that the area received its second infrastructure investment in July 2003 with the opening of a half-mile long bridge across the Tempisque River. Donated by the government of Taiwan at a cost of $26 million, the Friendship Bridge shortened the driving time from the San Jose airport to Tamarindo by about 30 minutes, to 3 1/2 hours.

What is now needed is a third round of infrastructure investment, to improve Costa Rica's infamous roads. Visitors in March 2007 discovered that the road from the Liberia airport all the way to The Oaks is freshly paved, without potholes, cutting the drive time by at least 15 minutes, and making it pleasant. Other roads await attention, after eight years of benign neglect under previous administrations. However, as a frequent driver, I see encouraging signs of road work throughout Guanacaste and also on the PanAmerican highway.

There also is an extensive schedule of daily flights into and out of Tamarindo on SANSA and NatureAir, for convenient connections to San Jose (45 minutes), Liberia (20 minutes) and throughout the country. Thus, it is easy to take a day trip to the Arenal volcano, or to take an easy weekend trip to the Carribbean side, the southern zone or even to Panama.

Is the U.S. real estate market having an adverse effect on the Guanacaste market?
Anecdotal evidence indicates that the U.S. subprime mortgage meltdown is having an effect on the Costa Rican market, as buyers from areas that are hardest hit have suffered some loss of confidence. However, the slack has been taken up by buyers from Canada, some Western states and Great Britain and Europe.

Non-U.S. investors benefit from a weak U.S. dollar, making purchases in Costa Rica, which is a dollar-based economy, cheap in terms of their home currencies. We have noticed significant buying interest from Canada. Individual buyers at The Oaks continue to come from hard-hit areas like Florida, mainly individuals who bought their Florida properties some time ago and do not need to sell, and are now buying pre-retirement homes while prices here still are under $200,000.

Does The Oaks have security?
Yes. The Oaks is a gated community that offers security 24 hours a day, 7 days a week. In addition to parking guards and roving external security, each unit comes equipped with an alarm and smoke detector system, and a private safe.

Is there a rental pool?
No. THE OAKS is primarily a residential community. However, our on-site rental company will use its best efforts to maximize rental opportunities for owners who use our services.

Does The Oaks offer property management?
Yes. As a service to our clients, The Oaks concierge service offers rental management and property management services for a low 15% of rental income, or on an a la carte basis. We advertise rentals on our roadside billboard and on property rental web sites. Outside agents also offer services at 15 to 20% of rental income.

How is the rental market for The Oaks?
We originally thought that the rental market in the neighborhood of The Oaks consisted mainly of long term rentals, of which very few are available. Long term rentals here mean more than six months. Long term rentals avoid the 16.39% sales and hotel tax imposed on daily, weekly and monthly rentals, indeed on all rentals of six months or less. As offered at The Oaks, long term rentals also come with only a 15% lease commission, sufficient to cover costs and leave the profits in your pocket. Most if not all leasing commission rates in the area vary between 30% and 50% of rentals, a factor to be considered along with the sales and hotel tax when calculating your ROI for short term rentals.

Here is my personal experience. In December 2006, I rented a new 750 square foot, two bedroom, two bath apartment about one and a half miles from The Oaks, for $950 a month. The apartment does not have hot water, does not have internet or cable TV, has a suicide shower in the bathrooms for hot showers, and has mini-split air conditioners in the bedrooms, with ceiling fans in the kitchen and living room to circulate the air. I tried to negotiate the price down. No luck. In the middle of January, available for the middle of February, a two bedroom, two bath apartment in Tamarindo central came up, 1100 square feet, fully air-conditioned, partial bay view, hot water, cable TV and high speed internet. I jumped. They asked $2,200 a month. I offered $1,900 a month, cash up front for six months. They accepted. I renewed the lease for three months in August, taking advantage of the slow season to lower the rent to $1500 a month. I renewed the lease again for three more months, mid-November through mid-February, $1500 a month for November, back up to $1900 a month for the high season months.

So, two price points. (The same unit shown on the internet is listed at $4,000 per month, so take that listing with a huge grain of salt.) Putting The Oaks in the middle produces a long term rental rate of about $1,400 a month. We'll see.

At $1,400 a month, a long term lease will produce rental income of $16,800 a year, minus a 15% commission, for $14,280 net. The equivalent income on a weekly lease, assuming 60% occupancy, or 31 weeks, a 35% commission, a 16.39% sales and tourist tax, and 7% for credit card processing fees and extra wear and tear, would require a weekly rental rate collected from the renter of $925 a week. And that is break even.

Recently (September 2007) we commissioned a rental survey from an independent agent who is active in the market. His survey recommended price points of $2,000 a week during the three holiday weeks at Christmas, New Year and Easter, $900 a week during the high season from December through April, and $700 a week during the low season. He did not have good data points for long term rentals (just as I suspected). Once again, we'll see. More flights create greater demand for lodging, with The Oaks being one of the few new options available this year. The Oaks also is one of the few options available that offers easy access to Tamarindo and at the same time easy access to the best surfing and swimming beaches, such as Playa Grande, Playa Pirata, Avellanas, Junquillal and Negra. With each new year, the situation will depend on the balance that year between supply and demand.

Is financing available?
We have worked closely with a major international bank to offer 25 year mortgages with interest rates fixed for the first five years to U.S. and Canadian residents at an 80% loan to value ratio. Recognizing the outstanding value of The Oaks, the bank has appraised The Oaks units over 30% above current offering prices. Why? Partly because values are rising as each phase of buildings nears completion, and partly because the developer's marketing strategy rewards earlier buyers through systematic price increases, leading to higher prices in phases three, four and five. What does this mean to an investor? For about $35,000 down, an investor can finance his purchase during construction for interest only, and on completion will pay under $1300 per month, including principal, interest, insurance, taxes and maintenance.

What about closing costs?
The conventional wisdom, taken from the Table of Registry Rights, Stamps and Taxes, and the Fee for Lawyers and Notaries, is that closing costs, including title insurance, total about 4 1/2 % of the purchase price, consisting of about 1% for documentary stamps, 1 1/2 % for a real property transfer tax, between 1 and 1 1/4% for the lawyer/notary fee, and 1% for title insurance.

There is a better way, and at The Oaks we help you find it.

At The Oaks, we have placed the title to each of our 96 condominium units into a separate corporation. If you are from the U.S., you are well advised to form your own personal Costa Rican corporation in addition. By negotiating on your behalf, we have lawyer/notaries who will do this for you for a cost between $300 and $400, depending on the lawyer, instead of the "customary" $600 to $1,000.

We then transfer the shares of the corporation owning the title to your unit to you or your personal corporation at closing, avoiding real estate documentary stamps, transfer taxes and so-called "mandatory" minimum fee schedules for lawyers/notaries. We also negotiated the cost of title insurance on your behalf, reducing the cost by 30%. As a result, total closing costs are merely 1% of the purchase price including title insurance. We did not subsidize these costs and hide them in the purchase price. We simply structured an intelligent transaction, then negotiated the prices.

How much are annual real estate taxes?
Real estate taxes in Costa Rica are ridiculously low, 1/4 of 1% per year read more on a property's declared value, which changes only once every five years. Costa Rica's new President has proposed an increase in this tax to 1/2 of 1% annually, to fund low income housing.

How much is my maintenance fee?
Your initial maintenance fee is $150 per month, which includes 24 hour security, a concierge service, maintenance of the public areas, and insurance on the common areas.

Is there a capital gains tax on the sale of my unit?
In Costa Rica, there is no capital gains tax. Compare: Panama 10%, U.S. 15%, Mexico 32%. When you sell your unit, you can make a transfer of shares of the company owning your unit. Unless you are in the business of selling shares, you should qualify for capital gains treatment, no tax.

Anything else on taxes?
Yes, actually. If you form a Costa Rican holding company, the sale of the shares of the company directly owning your unit (in effect, the sale of your unit), will not be subject to U.S. tax until you return the proceeds of the sale to the U.S., as a distribution from your holding company to yourself. At that time, they will be taxed at ordinary rates.

Tip No. 1: Make a loan from yourself to your Costa Rican holding company, and return up to 90% of your investment to the U.S. virtually tax free, while retaining the profits in your holding company for further investment.

Tip No.2: Think of your Costa Rican property purchase, properly structured, like an unlimited retirement account. You can contribute any amount you want and defer taxes until you make withdrawals. One advantage. You don't have to wait until you're 65 to make withdrawals.

Normal disclaimers that our lawyer loves:
Please consult your tax attorney and accountant for personal tax planning, as individual circumstances may vary, and need to be taken into account. We do not offer legal advice.

 


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