Problems and Solutions in Property Buying and Selling

Problems and Solutions in Property Buying and Selling

Buying and selling property, whether a house, apartment, or land, is a high-value transaction that requires extra care. A small mistake can result in significant losses or even loss of ownership. In Indonesia, several common problems often arise in property transactions, and below are discussed along with tips for prevention.

1. Incomplete Legality and Documents

Problem:

·         The certificate is not original, duplicated, or still in the name of the previous owner.

·         The Building Permit (IMB/PBG) is missing or does not meet building specifications.

·         Land and Building Tax (PBB) is in arrears.

Solution:

·         Check the certificate at the National Land Agency (BPN) office or through an online checking service.

·         Ensure the IMB/PBG (Building Permit) matches the existing building.

·         Request proof of PBB (land and building tax) payments for at least the last five years.

2. Ownership Disputes

Problem:

·         The property is in an inheritance dispute.

·         Another party is claiming ownership.

·         The land is in a conflict zone or has no land certificate.

Solution:

·         Check the ownership history with the National Land Agency (BPN).

·         Use a notary or PPAT (Land Deed Official) to ensure there are no disputes.

Request a dispute-free certificate from the seller.

3. Complicated and Non-Transparent Transaction Process

Problem:

·         Pricing is not transparent, with hidden fees.

·         The certificate transfer process takes a long time due to incomplete documents.

·         Payment stages are unclear.

Solution:

·         Use a written agreement detailing the price, payment stages, and deadlines.

·         Involve a notary/PPAT from the beginning of the transaction.

·         Retain all proof of payment.

4. Fraud or Fraudulent by Individuals

Problem:

·         The property is fictitious or does not match the advertisement.

·         The down payment was taken by a rogue broker.

·         The seller is selling a property that has been mortgaged to the bank.

Solution:

·         Check the property's location in person before paying.

·         Ensure the mortgage-free certificate is available at the National Land Agency (BPN).

·         Transfer payments only to the seller's official account or through a notary.

5. Property Values Are Inappropriate

Problem:

·         The price is too high compared to the market price.

·         Inaccurate information about the property's condition (flood-prone, cracked, near pollution sources).

Solution:

·         Conduct a property price survey in the surrounding area.

·         Inspect the physical condition of the building in person, ideally with a building expert.

·         Ask local residents about the area's flood history and safety.

6. Environmental Issues and Access

Problem:

·         Narrow or inadequate road access.

·         The neighborhood is prone to crime or disasters.

·         Public facilities such as schools, hospitals, and markets are far away.

Solution:

·         Visit the location at different times (day and night) to assess safety.

·         Refer to the city planning plan from the local government.

·         Consider the distance to important public facilities.

7. Errors in the Agreement

Problem:

·         The PPJB (Sales and Purchase Agreement) was not drawn up before a notary.

·         There is no clear clause regarding cancellation or compensation.

·         The contract was made orally.

Solution:

·         All agreements must be in writing and notarized.

·         Include clauses regarding cancellation, penalties, and dispute resolution.

·         Keep copies of all documents.

So, we can conclude that property buying and selling transactions require thoroughness, patience, and the involvement of professionals. Thoroughly reviewing documents, understanding the legal process, and maintaining transparent communication with relevant parties are key to avoiding future problems. With the right precautions, buying and selling property can be a safe and profitable investment.