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Hong Kong and Macau Residents

Things to know about acquiring real estates in Taiwan

  • Source:National Immigration Agency, Ministry of the Interior
  • Date:2016/9/13
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I. Procedures for buying and selling of house:
Payment of down payment → Signing of contract → Signature → Tax payment → Transfer of ownership → handing over of property
II. Procedures for signing of contract:
The transaction procedure, methods of payment, and other transaction terms must be stated in the contract and countersigned by both parties after the negotiation of the property price. The process must be witnessed by a certified property registration agent.
III. Rights and obligations:
1. Buyer:
(1) Verify ownership and inspect the condition of the property and the content of the contract.
(2) The new ownership of the property can be designated prior to signing the contract.
(3) Payment of installment should be made according to the terms stated on the contract.
(4) Provide relevant certificates and documents required for the application of mortgage loan and the transferring of property ownership.
(5) The deed tax, stamp duty, registration fees, fees of property registration agent, etc. are payable by the buyer.
The party responsible for the payment of the aforementioned fees can be negotiated between the buyer and the seller.
2. Seller:
(1) Provide complete information about the current condition of the property and provide necessary certificates and documents for transferring of ownership.
(2) Receive installment from the buyer and handing over of property according to terms stated in contract.
(3) Clearance of all housing and land taxes incurred prior the transfer of property ownership and voiding of original mortgage.
IV. Important issues for signing of contract:
1. Ensure that the address of the property is consistent with that stated on the contract.
2. The buyer may have already verified the relevant property registration transcripts prior to down payment and payment to the property agent, but he/she should verify the property registration transcripts again during the signing of the contract to prevent possible changes to the original property ownership or revisions in the establishment of legal relationship with bank for the mortgage loan.
3. Please verify the identity of party signing the contract with his/her ID card, driving license, or NHI IC card. An authorization letter should be provided if the intended party of the contract is unable to be present during the signing of the contract.
4. The buyer should evaluate his/her personal credit and verify the amount of the loan available from the bank. The contract should state the amount of the loan and alternative solutions if the intended amount of the loan is unavailable.
5. Payment methods
The payment methods should be stated in the contact. The payment can usually be divided into 4 phases:
(1) During signing of contract: down payment during signing of contract.
(2) Payment after preparation of all relevant documents: The seller should prepare all relevant documents for the ownership transferal and the second payment should be made when the seller provides all the relevant documents to the lawyer or property registration agent designated by both parties.
(3) After tax: A third payment should be made after the clearance of all respective taxes.
(4) Payment of balance: the remaining balance should be paid after transferal of ownership and after verification of all documents for the new ownership.
6. Please verify if the property has an existing rental/lease contract to prevent problems that may arise during the handing over of the property.
7. The party responsible for the payment of various fees, such as deed tax, property registration fee, notarization fee, agency fees, loan application fee, insurance and etc. must be clearly stated on the contract. The aforementioned fees are usually payable by the buyer. The land tax, housing tax, water, electricity and gas bills and building management fee incurred before the date of delivery of the property should be paid by the seller. The buyer is responsible for what incurs after that date.
8. The complimentary facilities or items must be stated in the contact to prevent future disputes.
9. If the property comes with a parking lot, please verify that the parking lot can be transferred individually.
10. The date of handing over the property must be clearly stated in the contract.
11. Please verify that the total amount of the mortgage loan for the property and the outstanding amount. The figures should be stated in the contract. The deadline for the clearance of the seller’s mortgage loan, and prove of mortgage termination should be stated in the contract as well.
12. Agency fee: if the property is purchased through an agent, the total agency fee collectable by the agent must not exceed 6% of the deal.
13. If the purchase or sales of the property is made through an agent, the agency representative must countersign on the relevant documents and contracts to hold responsibility for the deal.
The Dept. of Land Administration, M.O.I., is responsible for the operations of acquiring real estates in Taiwan. Please visit the Dept. of Land Administration website for more details: Chinese website, English website
Contact information of various land administration offices: http://www.land.moi.gov.tw/chhtml/landgov.asp?cid=48

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  • Updated: 2016/11/16 16:20:00