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Antes de comprar con un familiar o una amistad…

A medida que el precio de los bienes inmuebles y el costo de la vida hayan subido, he notado que muchas personas están optando por hacer inversiones en propiedades (casas de campo, locales y oficinas para alquilar, etc.) en conjunto con algún amigo o uno de sus familiares. Económicamente, esto puede tener mucho sentido, ya que al unir fuerzas los inversionistas pueden aumentar su poder adquisitivo, bajar sus obligaciones mensuales, minimizar su exposición financiera, etc.

Sin embargo, asociarse con un amigo o familiar no es una actividad sin riesgos. En específico, me estoy refiriendo al riesgo de quedar en una situación incómoda con una persona importante en su vida o, peor, que usted quede peleado con un ser querido “por plata”. A continuación, las preguntas que le envié a un cliente que estaba considerando comprar una residencia en la playa con su cuñado:

– ¿Qué pasa si una persona considera que se debe hacer una mejora a la casa o algún tipo de inversión pero la otra persona no? ¿Se hace? ¿Quién toma la decisión final? Y si uno no aporta a dicha mejora o inversión, ¿Queda diluido?

– ¿Cómo van a hacer con el tema de derecho de uso? ¿Se turnan? ¿Qué pasa si ambos quieren usar la casa para el mismo fin de semana importante como Carnavales, Año nuevo, etc.?

– ¿Pueden tener invitados o “prestar” la casa a terceros?

-¿Qué pasa si una persona, sus hijos o un invitado daña o rompe algo? ¿Quién lo paga? ¿Cómo se determina si el daño es suficiente como para cambiar el artículo en cuestión?

-¿Quién tiene la responsabilidad de lidiar con los problemas del apartamento en el día a día. Por ejemplo, se dañó el calentador de gas y se tiene que arreglar. ¿Quién cotiza con los diferentes proveedores, va para el interior para supervisar el trabajo, asegura que todo funcione bien, se encarga de pagar todo y mantener los archivos (recibos, etc.)?

– ¿Qué pasa si un día uno de ustedes quiere vender y el otro no? ¿Qué pasa si un día uno de ustedes quiere alquilar y el otro no? Si se vendiera o alquilara, ¿qué pasa si no se pueden poner de acuerdo con el precio de venta o de alquiler?

-¿Qué pasaría si una de las partes no puede o deja de pagar su hipoteca? Si tú cubres la letra por un periodo extendido, ¿Su socio se diluye? ¿Hay algún tipo de penalidad?

-¿Qué pasa si alguno de ustedes tiene un problema legal y el apartamento es secuestrado?

– ¿Qué pasa si uno de ustedes fallece y la familia del difunto desea vender y usted no está en capacidad para comprar el resto de la casa? ¿Qué pasa si en ese momento no se pueden poner de acuerdo con el precio de venta?

-¿Qué pasa si tu cuñado se divorcia tu hermana?

Cuándo uno empieza a conversar de hacer un negocio o comprar un bien inmueble con un amigo o familiar, todo es color de rosas. Lo recomendable, sin embargo, es conversar de los puntos arriba mencionados y de cualquier otra inquietud que usted tiene antes de invertir.

Si esa conversación tiene un resultado positivo, el siguiente paso sería de poner todo lo hablado por escrito (esto se puede hacer de una forma informal o, si uno quiere mayor seguridad, con un contrato legal) con el fin de evitar cualquier confusión o malinterpretación en el futuro.

De esta forma todo el mundo está claro de las reglas del juego y usted y su amigo/familiar pueden gozar de su inversión y preservar su relación.

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