Andrew

Member
Hi,

I´m looking for a lawyer and a notaris who can check some papers / certificates for me in the Gianyar or Sanur area. The lawyer that my neighbor recommended to me isn´t responding, and the notaris that I visited says different things every day I visit her :-( As I´m not sure if I can read PM (not enough posts here yet), pls send to R1150GS [at] gmxpro.net. Thanks a lot.

Andrew
 
Hi Andew,
It is very difficult to recommend someone, as the investing banks say, "past performance is not a indicator for future performance". However, I have used a lawyer in Austrindo Law Office (Jln ByPass Ngurah Rai 2001). The office is literally next door to the BIMC Hospital, same side as the hospital. Office parking area is tiny!They charged 5 million to check a land Contract... and found issues, which they discussed directly with the Notaris over the phone, and got the matters resolved. So, they did their job, quickly, but not cheaply! Phone No 62 361 847 3340, if you want to try them. (I am NOT on a commission !)

As for the Notaris, well, emmm.... we have had to carefully check Contract details ourselves, have had to chase progress, and recheck changes. But then again, I had to do exactly the same when buying land in the UK, so it likely to be a 'professional' issue. I gather that the guy we used is one of better Notaris on Bali . If you want his details, let me know.
BTW, we use Email to confirm every change and sums of money, including stage payments. That way there is a record of agreements. If the Notaris will not use email, then beware.
Good luck with your project. Barekarma
 
Hi Andrew. No problem. His name is I Made Dwita (called Ma-day). His formal office is in Ubud (Jln Ray Goa Gajah 9X, Peliatan, Ubud, Gianyar, Bali - 80571), but he often works from his home in Renon, Denpasar. Office Number 0361 977612 or Mobile 081 238 09581. He has an Assitant who speaks English quite well. Made speaks English too, but he prefers to use Bahasa Indonesian (hey, I prefer to use my own language too, English, so I am just the same!). We use text messages on the phone, to avoid misunderstandings.

And remember my warning. Like nearly all Notaris (Asia & Europe), you have to do the chasing, and give very clear deadlines if possible. YOU need to check any Contracts especially for dates, time scales, sums of money, and any references to other documents, as most of the Clauses in Land Contracts are quite standard (Just like Europe and USA). If you need any specific matter included, like ensuring a working conection to the Telephone or TV Cable, or there is a current IMB for that land, or ensuring that the water supply is solely for your use, then make sure that such Clauses are in both the Draft Contact(s) and in the Final Contract. This is standard common sense, but it is too easy to forget when in the heat and confusion of land purchase/lease in a foriegn country. Assume the worse in the planning stage (the 'what if...' questions), and write a clause to cover it.
If you get stuck, I am sure that other Balipod members will able to advise.... you are not the first to go down this route in Bali. Good Luck!
Barekarma
 
Thx Barekarma,

it seems your notaris is well known as he was recommended by someone else too :)

I want to purchase an existing building, so the troubles with the land / IMB should not be too big, but I expect other problems...

I already have documents from a planned property purchase, but that notaris I for sure won´t use. It was interesting to see how different the notaris was compared to Europe. I´m used to the notaris telling me what the law / rule is, but with her it was the other way around. I prefer common sense over strict laws, but I could also see that having rules has some advantages, specially for the people who cannot afford good lawyers / notaries / money to bend the rules.

My plan is to use the contracts that are already existing for the property I am interested in (they were prepared for another buyer that decided to stay in his home country) and let one or two other notaris check / alter them, maybe also go to a lawyer.

I´ve been following the threads here for some time and it will be interesting how bloody my nose will be. Hope it won´t cost me too much :)

I´m thankful for all the help I can get from the members here in this forum.

Andrew
 
Hi Andrew,
Regarding the existing building and the IMB, make sure that the approved IMB plans ACTUALLY match the building on the land. In my case, the building was a fuctioning koskosan (rented appartments) but the IMB was for a 'rumah tangga' or family house. Luckily we did not want the koskosan and planned to convert the existing building into a family house, so all was OK. But I know of another person who leased a IMB Approved House/Shop (Reko), only to find the local governement knocking on the door, pointing out the Approved IMB was for 2-storey building, but the building was actually 3-storeys. The building owners simply said it was nothing to do with them, and that the lease owner should pay the 'fine' as they had signed the lease contract and should have known of the difference. I think the matter is still in dispute.
Also make sure that the IMB plate does have a Approved certificate to go with it. From a another overseas buyer (in a bar, naturally) I learnt he was shown a villa to buy, asked about the IMB approval, and was shown by the smiling land agent and smiling Jakartan villa owner to a shiny new IMB plate on the wall of the villa.... as he had wisely insisted on seeing the IMB. The presence of a 'bule' buyer attacted local village attention. Suddenly a very irrate local contractor arrived, and demanded the return of his 'borrowed' IMB plate. The guy eventually discovered the IMB for the villa was "in process" and was likely to be refused as it was very close to, or even inside, a forbidden building zone near a desa pura (Village Temple). He did not go any further with the deal. The most basic rule "Cavet Emptor" (Buyer Beware) is paramount here in Bali.
Hopefully, you will avoid such a 'bloody nose' and I wish you luck with your project. Bali has a very positive side too!
Barekarma
 
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