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February 16, 2024
A real estate fiduciary is a financial tool that offers security and transparency in real estate transactions, making it an attractive option for buyers and investors due to risk mitigation, professional fund management, and legal protection for all parties involved. It is a good option for security in a market as dynamic as real estate. Here we explain what a real estate fiduciary is and what it is used for.
A real estate fund operates under a contract that establishes the responsibilities, rights, and duties of all parties involved. It is an agreement whereby a person (trustor) transfers assets to the trust company (trustee) to administer, manage, and execute the resources according to the instructions and goals established in the real estate project, protecting the people involved in the agreement.
Trustor This is the individual or legal entity that grants the trust the responsibility of managing the resources to achieve the objectives established in the real estate project.
Trustee This is a third party chosen by the trustor to manage the construction of the project or the real estate assets. In Colombia, in 1990, it was established that trust companies are subject to supervision and inspection by the Financial Superintendency.
Beneficiaries These are the parties who receive the benefits established in the trust agreement. According to Article 1235 of the Commercial Code, the beneficiary has the right to “require the trustee to fulfill their obligations and enforce their responsibility for compliance.” Likewise, they must protect the interests of the trustor and the beneficiaries of the trust.
Legal support A real estate trust offers legal support that protects all parties involved, providing security and transparency to real estate project developers, investors, and buyers.
Professional administration Having a specialized entity manage the project ensures effective management of the real estate project's resources.
Risk mitigation As an entity with expertise in asset management and real estate transactions, a real estate trust can help minimize operational and legal risks.
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The duration of the trust is established in the contract and may vary for each project depending on the needs and goals set. Generally, the duration corresponds to the expected time frame for carrying out the project and obtaining the benefits.
At the end of the established duration, the trustee liquidates the trust and distributes the resources and benefits in accordance with the contract.
In short, the trust is a useful tool that provides greater security in real estate investments. Therefore, before investing in a project, make sure you know the guarantees it offers you. At Cassia, Casa Nua Country, and Torre Médica Campestre, you will have different investment options. These are innovative projects that are at the forefront of market needs.
Written by: Valeria Ospina – Marketing Analyst
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