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WO2017155481A1 - A method for the sales of immovable properties and an electronic system to implement the same - Google Patents

A method for the sales of immovable properties and an electronic system to implement the same Download PDF

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Publication number
WO2017155481A1
WO2017155481A1 PCT/TR2016/000092 TR2016000092W WO2017155481A1 WO 2017155481 A1 WO2017155481 A1 WO 2017155481A1 TR 2016000092 W TR2016000092 W TR 2016000092W WO 2017155481 A1 WO2017155481 A1 WO 2017155481A1
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WO
WIPO (PCT)
Prior art keywords
usufruct
bare
ownership
holder
immovable
Prior art date
Application number
PCT/TR2016/000092
Other languages
French (fr)
Inventor
Serdar INAN
Original Assignee
Inanlar Insaat Anonim Sirketi
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Application filed by Inanlar Insaat Anonim Sirketi filed Critical Inanlar Insaat Anonim Sirketi
Publication of WO2017155481A1 publication Critical patent/WO2017155481A1/en

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    • GPHYSICS
    • G06COMPUTING OR CALCULATING; COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q50/00Information and communication technology [ICT] specially adapted for implementation of business processes of specific business sectors, e.g. utilities or tourism
    • G06Q50/10Services
    • G06Q50/16Real estate
    • GPHYSICS
    • G06COMPUTING OR CALCULATING; COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q40/00Finance; Insurance; Tax strategies; Processing of corporate or income taxes
    • G06Q40/03Credit; Loans; Processing thereof
    • GPHYSICS
    • G06COMPUTING OR CALCULATING; COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q40/00Finance; Insurance; Tax strategies; Processing of corporate or income taxes
    • G06Q40/06Asset management; Financial planning or analysis

Definitions

  • the present invention relates to a technical method, as well as to an electronic system in which this method is implemented, for the direct sales of the tangible bare ownership of an immovable or for the sales thereof in an exchange market for immovable properties to generate a novel trade field through the right of use, i.e. the usufruct, of such properties.
  • immovable properties are primarily such properties by which the housing needs of humans both for dwelling and business purposes are encountered, they have been an investment means with an increasing importance all over the world for centuries.
  • This increasing importance of immovable properties has given rise to the development of many novel sales and rental methods of immovable properties. Many of these methods are based on the presentation of immovable properties, arranging of mortgages, sales, rental etc., as have been conventionally implemented.
  • the US patent US20120246013 of Google Inc. relates to a three-dimensional panoramic presentation and promotion of immovable properties.
  • Another US patent application US2013179301 makes mention on a system transferred to a computerized medium for the sales of immovable properties.
  • the international patent application WO02080078 describes an electronic platform which may be commonly used by banks, franchise establishments, brokers, etc. for the valuation and sales of immovable properties. These and similar systems facilitate the valuation and sales of immovable properties. However, no system is encountered that addresses the bare ownership of an immovable jointly with the usufruct thereof, which actually is restricted to the lifetime of the respective usufruct holder, for the valuation, sales or rental of the immovable properties.
  • the object of the present invention is to generate a technical method, which in basic terms allows to valuate, sell and purchase, as well as to exploit as a means of investment the whole or part of the bare ownership, which constitutes the immovable itself, and of the usufruct, which is some sort of an ownership of the use of the immovable, separately or together, on a platform in the form of an exchange market for immovable properties.
  • the implementation of said method will naturally comprise a novel electronic system.
  • the method and system according to the present invention is a development of the method and system described in the Turkish Patent 2014/08004.
  • This development basically aims to form a platform in the form of a exchange market for immovable properties wherein an immovable is valuated at least based on its bare ownership and on its usufruct.
  • One advantage of the immovable sales method according to the present invention and of the electronic system by which said method is implemented is that an immovable is valuated as bare ownership and as usufruct and that the bare ownership and the usufruct are sold together or separately according to this valuation after a value is generated based on the life quality and the expected average lifetime of a potential buyer.
  • the life quality and the age of the person who is to buy the usufruct is relevant in determining the life insurance (a new insurance policy to be issued) or the expected average lifetime.
  • the new insurance policy to be issued particularly has an increasing or decreasing impact on the price for the sales of the usufruct.
  • the price of the life insurance which is in correlation with the lifetime of the respective buyer and causes the price of the usufruct to increase or decrease also changes the investment value of the respective immovable.
  • This investment the value is lower as compared to the value of a joint sales of the bare ownership and usufruct of an immovable according to the prior art, and therefore is an investable value.
  • an investment means is generated also for those whose purchase power is not enough to buy a regular immovable property.
  • One advantage of the method and system according to the present invention is that the subject method and system allow immovable properties of immovable investors to be traded just as stocks are traded in a stock exchange, either such that the bare ownership rights of immovable properties are traded as a whole or the bare ownership is traded in the form of shares.
  • a conventional investment means involving only the sales or rental of immovable properties is turned into an advantageous novel alternative investment means based on the increasing or decreasing values of bare ownership shares generated for the immovable properties.
  • This advantage is provided by means of the method and the electronic system implementing this method according to the present invention. In order to provide a better understanding of the method and system according to the present invention, it shall be referred to the figures briefly described hereunder.
  • Figure 1 is a scheme illustrating the basic elements of the method and system according to the present invention.
  • Figure 2 is a flow chart illustrating a method by which the usufruct is calculated in the method and system according to the present invention.
  • Figure 3 is a flow chart illustrating how a bare ownership investor can gain profit in the method and system according to the present invention.
  • step 220 210-Query if the holder of usufruct is dead. If the holder is dead, then continue, but if the holder is alive, then go to step 220
  • the basic object of the immovable valuation and sales system according to the present invention is to distinguish between the bare ownership and the usufruct of an immovable property and to valuate and sell the bare ownership and usufruct separately, in place of buying or selling the whole of the immovable property as is the conventional case.
  • the basic elements of the method and system according to the present invention are described in the Turkish patent application 2014/08004.
  • the disclosure here includes some technical improvements.
  • the improvement is made to simplify the calculation and the sales of the usufruct of an immovable property which is restricted to the life expectancy of a buyer.
  • the method and electronic system according to the present invention are also designed for the sales and purchase of the bare ownership of immovable properties just as stocks are traded in a stock exchange.
  • FIG. 1 The basic elements of the method and system according to the present invention are illustrated in figure 1.
  • an immovable property (1) the bare ownership (1a) of the immovable property (1), and the usufruct ( b) thereof, which is actually restricted to the remaining lifetime of the holder of usufruct.
  • bare ownership (1a) is traded in the form of shares on a platform, e.g. on an exchange market for immovable properties, bare ownership shares (1aa) will be available.
  • the immovable property (1) belongs to at least one immovable holder (2).
  • the holder of the bare ownership (2a) who may be the same with or different than the holder of the immovable (2) is a shareholder of said bare ownership (1a)
  • an immovable property can naturally not be owned both by an immovable owner (2), as is the conventional sense, and at the same time by another bare ownership holder (2a) and usufruct holder (2b).
  • the holder (2) of the immovable is normally the holder of the bare ownership (2a) and of the usufruct (2b) at the same time.
  • the immovable property (1) is to be sold or is sold, there will be at least one buyer (3) and the term buyer (3) will comprise the term buyer of bare ownership (3a), and if the bare ownership (1 a) is in the form of shares, it will further comprise the term buyer of a bare ownership share (3aa).
  • the elements mentioned above, i.e. the elements expect the immovable (1), the holder of immovable (2), and the buyer thereof (3) are designed at least according to the laws of the Republic of Turkey to improve the tradability of immovable properties and even to develop an exchange market for immovable properties wherein shares of immovable properties can be sold and bought.
  • two types of ownership are available for an immovable (1): bare ownership (1 a) and usufruct (1 b).
  • Bare ownership (1a) relates to the tangible, but immovable value of an immovable, such as its building, land, etc. and can be bequeathed.
  • the part to be traded in an exchange market for immovable properties is the bare ownership (1 a).
  • the usufruct (1b) is the right of use of a building (or immovable) until death which cannot be bequeathed following death.
  • the value of an immovable (1) will be taken as the sum of its bare ownership (1a) value and its usufruct (1 b) value.
  • the usufruct is a value which increases or decreases according to the life expectancy or to the average life insurance rate of its owner.
  • the bare ownership (1 a) may be bought and sold, be transferred by sales, be transferred by inheritance, and can be divided into shares and traded on platforms such as an exchange market, as described below.
  • the bare ownership (1a) can be divided into many pieces such as bare ownership shares (1 aa) and traded accordingly. Bare ownership shares (1 aa) can also be bought and sold, be transferred by sales or assigned by inheritance.
  • Usufruct (1 b) can be the subject of trade only when the usufruct (1 b) of a conventional immovable, i.e. an immovable which is not separated into bare ownership and usufruct (an immovable which is bought/sold under conventional market conditions) is determined.
  • the usufruct can be bought when a buyer cannot buy the whole of an immovable (1 ) under normal conditions, or can be bought when the buyer has a lower purchase capacity, so as to be restricted to the remaining lifetime of the buyer.
  • the buyer can benefit from the usufruct throughout his/her life and use or rent the respective immovable accordingly. This right, however, cannot be bequeathed.
  • the usufruct (1b) does not comprise all rights of an immovable (1 ) which can be bequeathed, it only comprises its right of use which is restricted to the lifetime of its buyer.
  • the method and system according to the present invention is based on calculating the usufruct (1b) according to a buyer and his/her average life insurance (5a) which correlates to his/her expected remaining lifetime as described below, and therefore on the profit of the bare ownership investor.
  • an immovable (1) in place of at least one holder (2) of that immovable (1), it may also comprise bare owner ship shares (1aa).
  • the bare ownership (1a) is in the form of shares, there may be at least one bare ownership shareholder (2aa) who holds the bare ownership share(s) (1aa).
  • the bare ownership holder (2a) and the bare ownership shareholder (1aa) can sell his/her rights or can transfer his/her rights to his/her inheritors upon death.
  • the holder of the usufruct (1b) can only use or rent his right, which is only one, but cannot sell it. For instance, one person who is the holder of the usufruct (1b) of an apartment can use this apartment for himself/herself or rent it until his/her death. However, when the usufruct holder dies, the usufruct (1b) ends off and is then returned to the bare ownership holder (2a), bare ownership shareholder (2aa), or to a potential buyer of bare ownership or of bare ownership share (3a and 3aa respectively) in the form of profit. This profit can also be left to investor companies as described below.
  • the purchase and sale in the method and system according to the present invention can be either in advance or through bank loans.
  • Bank (4) is included to the system for loans and similar transactions.
  • the manager of the method and system according to the present invention is a managing company (6).
  • the managing company (6) manages immovable properties (1), holders of immovable properties (2), buyers of immovable properties (3), banks (4), insurance companies (5), investors, usufruct holders and similar persons, establishments, and rights.
  • the method and system according to the present invention can optionally be devised on a platform such as an immovable exchange, real estate exchange, etc. where immovable properties and their attached rights (bare ownership, usufruct, bare ownership shares etc.) can be bought and sold just as stocks are traded in a stock exchange. This will comprise both investors in persons and investing companies (7).
  • Investing companies (7) can both use their own money for investment purposes and provide services to potential buyers (3).
  • the buyers (3), bare ownership buyers (3a), and bare ownership share buyers (3aa) can buy these rights directly from immovable holders (2), bare ownership holders (2a) and bare ownership shareholders (2aa) or they may be the clients of investing companies (7).
  • the system may comprise at least one server (9) where relevant data are stored and made accessible to respective parties, at least one software package (10) managing the system on said server, and at least one communication means (11) which provides access to said server (9) and software (10) to carry out the required transactions.
  • the communication means (11) may be a desktop computer, a notebook, a tablet or a smart phone.
  • the operation of the system can preferably be carried out using a web-based software.
  • the interconnection among the relevant parties can take place via Internet or LAN (8).
  • the whole of immovable, the bare ownership (1a) or bare ownership share(s) (1aa) can be sold by the bare ownership holder (2a) or the bare ownership shareholder(s) (2aa) to a buyer (3), to a bare ownership buyer (3a) or to a buyer of bare ownership shares (3aa).
  • the value of an immovable property is 1.000.000 $
  • the bare ownership (1a) and the usufruct (1 b) of said immovable (1) may be 600.000 $ and 400.000 $, respectively. It should be noted that these values are exemplar values only.
  • the bare ownership (1a) may be divided into ten shares of bare ownership (1aa).
  • the unit price of bare ownership shares (1aa) may be 60.000 $. Consequently, this method and system provide the opportunity to invest either 600.000 $ or at least 60.000 $ according to the budget of the buyer or investor.
  • Such an investment can anytime be turned into money and may be traded on a relevant market (e.g. an exchange market for immovable properties) such that a novel trade medium is generated.
  • the usufruct (1 b) cannot be divided into shares in the method and system according to the present invention, and more importantly, the rate of the usufruct (1b) is variable according to the expected remaining lifetime of a potential buyer of the immovable (1 ).
  • the rate of usufruct (1 b) is not fixed.
  • the most important criteria to be considered in calculating the usufruct of an immovable property (1 ) relates to the length of the expected remaining lifetime of the potential buyer of the usufruct (1 b). Since the usufruct (1 b) is restricted to lifetime, the rate or price of the usufruct (1b) will be low if the potential buyer of the usufruct (1 b) is an old person and his/her expected remaining lifetime is short, whereas the price of the usufruct (1 b) will be high if the potential buyer is young and healthy and his/her expected remaining lifetime is long.
  • This variable price of the usufruct (1b) will be calculated based on a novel insurance product which is correlated with lifetime.
  • This insurance product to be used in calculating the usufruct is such an insurance type which varies in proportion to lifetime for use in the system according to the subject system.
  • This insurance may be referred here to as the "average life insurance” to make clear the subject matter of the invention and provide a clear definition.
  • the average life insurance (5a) is such a type of insurance which is used in calculating the usufruct (1b) and which varies according to the expected remaining lifetime of the usufruct holder (2b).
  • the average life insurance (5a) is a means which can also be calculated for the buyer. In result, it is a means to be calculated according to life insurance calculations.
  • the flow chart given in figure 2 provides a method for the calculation of the usufruct (1b). In other words;
  • the step to determine the expected usufruct of an immovable if it is decided to separate an immovable property (1) into bare ownership (1a) or bare ownership share (1aa) and usufruct (1b), first the usufruct (1b) is calculated according to the life quality and the expected remaining lifetime of the potential usufruct holder (2b).
  • This step may also be described as separating the value of an immovable (1) already held by a person into its usufruct and its bare ownership.
  • the life insurance calculations of the potential usufruct holder (2b) are made according to his/her expected remaining lifetime and thus the average life insurance (5a) is calculated.
  • the usufruct will typically be high for young persons and low for old persons.
  • the person who is to become the holder of usufruct is the buyer (3).
  • the usufruct (2b) is increased if the average remaining lifetime and the average life insurance (5a) of the person to hold the usufruct are high. In other words, this is an indicator that the person to hold the usufruct is younger than average and has an expected remaining lifetime which is above the average. Therefore the usufruct (2b) can be increased.
  • the value of usufruct (1 b) is found according to the life quality and to the average remaining lifetime of the person to hold the usufruct based on the result of the previous steps.
  • a usufruct holder (2a) or bare ownership shareholders (2aa) can sell the rights they own or make use of these rights in an exchange market for immovable properties.
  • a usufruct holder (2b) can either use the usufruct (1 b) he/she holds or rent it out to generate an income.
  • a buyer of an immovable property (3a) or a buyer of a share of an immovable property (3aa) who is to make investment in the immovable property (1) will do so according to the life quality and expected remaining lifetime, i.e. calculated average life insurance (5a) of the usufruct holder (2b). Since the usufruct (1 b) will be transferred to the bare ownership holder (2a) or bare ownership shareholder (2aa) when the usufruct holder (2a) dies earlier than the completion of the expected remaining lifetime, this will make an extra profit for the holders (2a, 2aa), but when the usufruct holder lives longer than estimated, they will have no profit.
  • the important point here is to make an estimation on when and in what value the bare ownership holder (2a) or bare ownership shareholder (2aa) will receive the usufruct back when the usufruct holder (2b) dies.
  • the risks here are estimated for the cases when the usufruct holder (2b) dies earlier than expected, when the usufruct holder (2b) dies as expected, and when the usufruct holder (2b) dies later than expected, and accordingly, the bare ownership holder (2a) or bare ownership shareholder (2aa) are protected by an insurance policy.
  • the average life insurance (5a) of the usufruct holder (2b) which is based on the expected remaining lifetime of the usufruct holder (2b) can be made by any of the usufruct holder (2b), bare ownership holder (2a) and bare ownership shareholder (2aa), bare ownership buyer (3a) or bare ownership share buyer (3aa), investing company (7).
  • the important points here are to provide consultancy for calculating the insurance rate, covering the service price and the insurance premiums, and paying the insurance value to respective parties according to events which take place in relation to the insurance.
  • the issuance of the average life insurance (5a) and making payments for financial losses against deaths or late deaths may be performed according to commercial preferences. There should be no restrictions here.
  • the type and content of policy can be clarified according to insurance requirements and innovations to be made.
  • the time of death of the usufruct holder (2b) which may take place earlier or later than the end of the expected remaining lifetime will affect the value of the usufruct (1b) and its return date to the bare ownership holder (2a) or bare ownership shareholder (2aa) from the deceased usufruct holder (2b). For instance, since the bare ownership holder (2a) or bare ownership shareholder (2aa) will receive the usufruct when the usufruct holder (2b) dies before than expected, the bare ownership (1 a) or bare ownership share (1aa) they posses will become more valuable.
  • insurance indemnity will be paid due to early death. If the usufruct holder (2b) dies within the expected remaining lifetime and if a loss payee type of insurance is made, insurance indemnity will be paid due to normal death. If the insurance related to the expected remaining lifetime of the usufruct holder (2b) is made by another person or establishment (e.g. investing company (6) or insurance company (5)), insurance indemnity will be paid to that person or establishment.
  • another person or establishment e.g. investing company (6) or insurance company (5)
  • the usufruct holder (2b) has not died within the expected remaining lifetime, exceeded the expected lifetime and is still alive, the bare ownership holder (2a) or bare ownership shareholder (2aa) will suffer damage, but an insurance policy may be generated which will compensate such losses.
  • This insurance policy may be made and covered by any of usufruct holder (2b), bare ownership holder (2a) or bare ownership shareholder (2aa), bare ownership buyer (3a) or bare ownership share buyer (3aa), investing company (7) according to who is to benefit from this policy. Such a policy reduces the risks of the bare ownership holder (2a) or bare ownership shareholder (2aa) and other beneficiaries.
  • the basic points in the method and system according to the present invention are that the usufruct (1b) terminates when the usufruct holder (2b) dies and this right is returned to the bare ownership (1a) or bare ownership share (1aa); an insurance policy is generated against the early or late death of the usufruct holder (2b) with respect to the expected remaining lifetime; this insurance policy is paid by beneficiary parties; and that the losses of beneficiaries in case the usufruct holder (2b) dies earlier or later than expected are compensated by this insurance policy.
  • the change in the bare ownership (1a) or bare ownership share (1aa) in line with the lifetime of the usufruct holder (2b), and accordingly the price of the life insurance of the usufruct holder (2b) can be made clear in the flow chart given in figure 3.
  • the step "Determine the average life expectancy of the holder of usufruct" (200) the expected remaining lifetime of the usufruct holder (2b) is determined. This determination can be made according to the standards of life insurance policies.
  • the losses of bare ownership holder (2a) or bare ownership shareholder (2aa) due to the late death of the usufruct holder can be compensated if life insurance is available.
  • the usufruct (1 b) is transferred to the bare ownership holder (2a) or bare ownership shareholder (2aa) due to death.
  • step 270" (250) it is switched to the next step if the usufruct holder (2b) had life insurance, and it is switched to step 270 if the usufruct holder (2b) did not have life insurance.
  • the bare ownership (1) of the immovable (1) has now become more valuable due to the death of the usufruct holder (2b) and it is revaluated and made ready for a new sales.
  • the immovable (1) can be revaluated in the form of bare ownership (1), bare ownership share (1a) and a new usufruct (1b).
  • an immovable (1) in the method and system according to the present invention, it (1) can be resolved into bare ownership (1a), bare ownership share (1aa), and usufruct (1b) which varies according to the expected remaining lifetime of the person to buy the usufruct.
  • the sales can be made using bank loans or not, by means of insurance companies (5) or not, to an investing company (7) or to a person. All these procedures described above can either be performed in an unprofessional manner, or under the control of a managing company (6).
  • the bare ownership holder (2a) or bare ownership shareholders (2aa) can trade the rights they own.
  • the values of bare ownership (1a) and bare ownership share (1aa) can increase or decrease according to the value of usufruct (1b) (see figure 2) and to the expected remaining lifetime of the usufruct holder (2b) (see figure 3). Accordingly, new buyers (3), i.e. a potential bare ownership buyer (3a) or a potential buyer of bare ownership share (3aa), can buy and resell said bare ownership (1 a) or bare ownership shares (1aa).
  • the system is made accessible to all users via Internet or LAN (8) by means of software (10) installed by a managing company (6) on at least one server (9) to provide the management of all these procedures.
  • persons or companies can resolve an immovable (1) into its bare ownership (1a) or bare ownership shares (1aa) and usufruct (1b), and valuate and sell such rights by means of communication means (11).
  • An investing company (7) can buy and sell and market these rights.
  • a novel immovable property platform is generated.
  • the method according to the present invention and a system based on this method may be managed as described above based on a computer program and hardware providing communication and may be applied to any kind of immovable properties. Any kind of immovable properties and primarily houses, but also plants, storehouses, airports, etc. may be covered.

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Abstract

A method for the sales of immovable properties and an electronic system by which this method is implemented, characterized by comprising an immovable property (1), wherein said immovable property comprises a bare ownership (1a) and a usufruct (1 b), wherein said bare ownership (1a) preferably comprises at least one bare ownership share (1aa); an immovable property holder (2) of said immovable property (1), wherein said immovable holder (2) comprises a bare ownership holder (2a) or bare ownership shareholder (2aa) and a usufruct holder (2b); a buyer (3) to buy said immovable property (1); a bare ownership buyer (3a) to buy said bare ownership (1a); at least one bare ownership share buyer (3aa) to buy said bare ownership share (1aa); an average life insurance (5a) which changes the value of the usufruct (1b) according to the expected remaining lifetime of the buyer of usufruct (1 b) on a platform wherein said immovable property (1), bare ownership (1a), bare ownership share (1aa) and usufruct (1b) are traded; an insurance company (5) managing said average life insurance (5a) and other insurances; preferably a bank managing the finance of the trade and rental of said rights; a managing company (7) managing said procedures; a buyer (3) or investing company (7) trading said immovable property (1), bare ownership (1a), bare ownership shares (1aa); as well as at least one server (10), at least one software, at least Internet or LAN (8), and communication means (11) providing the implementation of the procedures given above in an electronic setting on said platform.

Description

A METHOD FOR THE SALES OF IMMOVABLE PROPERTIES AND AN ELECTRONIC
SYSTEM TO IMPLEMENT THE SAME
Field of Invention
The present invention relates to a technical method, as well as to an electronic system in which this method is implemented, for the direct sales of the tangible bare ownership of an immovable or for the sales thereof in an exchange market for immovable properties to generate a novel trade field through the right of use, i.e. the usufruct, of such properties.
Prior Art
Even if immovable properties are primarily such properties by which the housing needs of humans both for dwelling and business purposes are encountered, they have been an investment means with an increasing importance all over the world for centuries. This increasing importance of immovable properties has given rise to the development of many novel sales and rental methods of immovable properties. Many of these methods are based on the presentation of immovable properties, arranging of mortgages, sales, rental etc., as have been conventionally implemented. For instance, the US patent US20120246013 of Google Inc. relates to a three-dimensional panoramic presentation and promotion of immovable properties. Another US patent application US2013179301 makes mention on a system transferred to a computerized medium for the sales of immovable properties. The international patent application WO02080078, in turn, describes an electronic platform which may be commonly used by banks, franchise establishments, brokers, etc. for the valuation and sales of immovable properties. These and similar systems facilitate the valuation and sales of immovable properties. However, no system is encountered that addresses the bare ownership of an immovable jointly with the usufruct thereof, which actually is restricted to the lifetime of the respective usufruct holder, for the valuation, sales or rental of the immovable properties.
l Object and Description of Invention
The object of the present invention is to generate a technical method, which in basic terms allows to valuate, sell and purchase, as well as to exploit as a means of investment the whole or part of the bare ownership, which constitutes the immovable itself, and of the usufruct, which is some sort of an ownership of the use of the immovable, separately or together, on a platform in the form of an exchange market for immovable properties. The implementation of said method will naturally comprise a novel electronic system.
The method and system according to the present invention is a development of the method and system described in the Turkish Patent 2014/08004. This development basically aims to form a platform in the form of a exchange market for immovable properties wherein an immovable is valuated at least based on its bare ownership and on its usufruct.
One advantage of the immovable sales method according to the present invention and of the electronic system by which said method is implemented is that an immovable is valuated as bare ownership and as usufruct and that the bare ownership and the usufruct are sold together or separately according to this valuation after a value is generated based on the life quality and the expected average lifetime of a potential buyer. The life quality and the age of the person who is to buy the usufruct is relevant in determining the life insurance (a new insurance policy to be issued) or the expected average lifetime. The new insurance policy to be issued particularly has an increasing or decreasing impact on the price for the sales of the usufruct. The price of the life insurance which is in correlation with the lifetime of the respective buyer and causes the price of the usufruct to increase or decrease also changes the investment value of the respective immovable. This investment the value is lower as compared to the value of a joint sales of the bare ownership and usufruct of an immovable according to the prior art, and therefore is an investable value. Thus, an investment means is generated also for those whose purchase power is not enough to buy a regular immovable property.
One advantage of the method and system according to the present invention is that the subject method and system allow immovable properties of immovable investors to be traded just as stocks are traded in a stock exchange, either such that the bare ownership rights of immovable properties are traded as a whole or the bare ownership is traded in the form of shares. Thus, a conventional investment means involving only the sales or rental of immovable properties is turned into an advantageous novel alternative investment means based on the increasing or decreasing values of bare ownership shares generated for the immovable properties. This advantage is provided by means of the method and the electronic system implementing this method according to the present invention. In order to provide a better understanding of the method and system according to the present invention, it shall be referred to the figures briefly described hereunder.
Description of Figures
Figure 1 is a scheme illustrating the basic elements of the method and system according to the present invention.
Figure 2 is a flow chart illustrating a method by which the usufruct is calculated in the method and system according to the present invention.
Figure 3 is a flow chart illustrating how a bare ownership investor can gain profit in the method and system according to the present invention.
Designation of the Steps, Sections and Parts in the Figures illustrating the Present Invention
1- Immovable
1a-Bare ownership
1aa-Share of bare ownership
1 b-Right of use (i.e. usufruct)
2 Owner or holder of immovable
2a-Owner or holder of bare ownership
2aa-Shareholder of bare ownership
2b-Owner or holder of usufruct
3 Buyer
3a-Buyer of bare ownership
3aa-Buyer of bare ownership share
4- Bank
5- Insurance company 5a- Average life insurance
6- Managing company
7- Investing company
8- Internet or LAN
9- Server
10- Software
11- Communication means
Flow chart illustrating the method by which usufruct is calculated according to claim 2
100-Determine the estimated usufruct of immovable
110-Determine the average life insurance of the person to whom the usufruct is to be sold
120-Are the average lifetime and the average life insurance of said person low? 130-lf the average life insurance is low, reduce the usufruct
140-lf the average life insurance is high, increase the usufruct 150-Find the real value of usufruct
Flow chart illustrating how a bare ownership investor will make profit according to figure 3
200-Determine the average life expectancy of the holder of usufruct
210-Query if the holder of usufruct is dead. If the holder is dead, then continue, but if the holder is alive, then go to step 220
230-Enter the current date and query if the deceased holder of usufruct died before the expected average lifetime has ended? If yes, then continue, but if no, then go to step 240
240-Decrease the value of usufruct because of late death, and if life insurance is available, then inform relevant parties. Inform relevant parties following both cases. 250-Did the deceased holder of usufruct had life insurance? If yes, then continue, but if no, then go to step 270
260-lnform relevant parties on the life insurance rates of the deceased holder of usufruct, inform holders on the price of usufruct 270-Determine the current value of immovable and make it ready for a new sales.
Detailed Description of Invention
The basic object of the immovable valuation and sales system according to the present invention is to distinguish between the bare ownership and the usufruct of an immovable property and to valuate and sell the bare ownership and usufruct separately, in place of buying or selling the whole of the immovable property as is the conventional case. As a matter of fact, the basic elements of the method and system according to the present invention are described in the Turkish patent application 2014/08004. The disclosure here includes some technical improvements. The improvement is made to simplify the calculation and the sales of the usufruct of an immovable property which is restricted to the life expectancy of a buyer. The method and electronic system according to the present invention are also designed for the sales and purchase of the bare ownership of immovable properties just as stocks are traded in a stock exchange. In order to provide a better understanding of this novel method and the system implementing this method, it will be referred to figures, to flow diagrams, and to computer hardware and software.
The basic elements of the method and system according to the present invention are illustrated in figure 1. Here is shown an immovable property (1), the bare ownership (1a) of the immovable property (1), and the usufruct ( b) thereof, which is actually restricted to the remaining lifetime of the holder of usufruct. In case the bare ownership (1a) is traded in the form of shares on a platform, e.g. on an exchange market for immovable properties, bare ownership shares (1aa) will be available. The immovable property (1) belongs to at least one immovable holder (2). When the holder of the bare ownership (2a) who may be the same with or different than the holder of the immovable (2) is a shareholder of said bare ownership (1a), there will be a bare ownership shareholder (2aa) and a usufruct holder (2b) of said immovable (1). Here, an immovable property can naturally not be owned both by an immovable owner (2), as is the conventional sense, and at the same time by another bare ownership holder (2a) and usufruct holder (2b). Currently, the holder (2) of the immovable is normally the holder of the bare ownership (2a) and of the usufruct (2b) at the same time. If the immovable property (1) is to be sold or is sold, there will be at least one buyer (3) and the term buyer (3) will comprise the term buyer of bare ownership (3a), and if the bare ownership (1 a) is in the form of shares, it will further comprise the term buyer of a bare ownership share (3aa).
The elements mentioned above, i.e. the elements expect the immovable (1), the holder of immovable (2), and the buyer thereof (3) are designed at least according to the laws of the Republic of Turkey to improve the tradability of immovable properties and even to develop an exchange market for immovable properties wherein shares of immovable properties can be sold and bought. In this context, two types of ownership are available for an immovable (1): bare ownership (1 a) and usufruct (1 b). Bare ownership (1a) relates to the tangible, but immovable value of an immovable, such as its building, land, etc. and can be bequeathed. In the system according to the present invention, the part to be traded in an exchange market for immovable properties is the bare ownership (1 a). In contrast to bare ownership (1a), the usufruct (1b) is the right of use of a building (or immovable) until death which cannot be bequeathed following death. Under normal conditions, the value of an immovable (1) will be taken as the sum of its bare ownership (1a) value and its usufruct (1 b) value. In the method and system according to the present invention, the usufruct is a value which increases or decreases according to the life expectancy or to the average life insurance rate of its owner. The bare ownership (1 a) may be bought and sold, be transferred by sales, be transferred by inheritance, and can be divided into shares and traded on platforms such as an exchange market, as described below. Therefore, the bare ownership (1a) can be divided into many pieces such as bare ownership shares (1 aa) and traded accordingly. Bare ownership shares (1 aa) can also be bought and sold, be transferred by sales or assigned by inheritance. Usufruct (1 b) can be the subject of trade only when the usufruct (1 b) of a conventional immovable, i.e. an immovable which is not separated into bare ownership and usufruct (an immovable which is bought/sold under conventional market conditions) is determined. In other words, the usufruct can be bought when a buyer cannot buy the whole of an immovable (1 ) under normal conditions, or can be bought when the buyer has a lower purchase capacity, so as to be restricted to the remaining lifetime of the buyer. The buyer can benefit from the usufruct throughout his/her life and use or rent the respective immovable accordingly. This right, however, cannot be bequeathed. In other words, under normal conditions the usufruct (1b) does not comprise all rights of an immovable (1 ) which can be bequeathed, it only comprises its right of use which is restricted to the lifetime of its buyer. The method and system according to the present invention is based on calculating the usufruct (1b) according to a buyer and his/her average life insurance (5a) which correlates to his/her expected remaining lifetime as described below, and therefore on the profit of the bare ownership investor.
In the method and system according to the present invention, if an immovable (1) is separated into two main values in the form of bare ownership (1a) and usufruct (1b), in place of at least one holder (2) of that immovable (1), it may also comprise bare owner ship shares (1aa). There is at least one bare ownership holder (2a) who is the owner of the bare ownership (1a) in the system according to the present invention. If the bare ownership (1a) is in the form of shares, there may be at least one bare ownership shareholder (2aa) who holds the bare ownership share(s) (1aa). The bare ownership holder (2a) and the bare ownership shareholder (1aa) can sell his/her rights or can transfer his/her rights to his/her inheritors upon death. The holder of the usufruct (1b), in turn, can only use or rent his right, which is only one, but cannot sell it. For instance, one person who is the holder of the usufruct (1b) of an apartment can use this apartment for himself/herself or rent it until his/her death. However, when the usufruct holder dies, the usufruct (1b) ends off and is then returned to the bare ownership holder (2a), bare ownership shareholder (2aa), or to a potential buyer of bare ownership or of bare ownership share (3a and 3aa respectively) in the form of profit. This profit can also be left to investor companies as described below. The purchase and sale in the method and system according to the present invention can be either in advance or through bank loans. Bank (4) is included to the system for loans and similar transactions. The manager of the method and system according to the present invention is a managing company (6). The managing company (6) manages immovable properties (1), holders of immovable properties (2), buyers of immovable properties (3), banks (4), insurance companies (5), investors, usufruct holders and similar persons, establishments, and rights. The method and system according to the present invention can optionally be devised on a platform such as an immovable exchange, real estate exchange, etc. where immovable properties and their attached rights (bare ownership, usufruct, bare ownership shares etc.) can be bought and sold just as stocks are traded in a stock exchange. This will comprise both investors in persons and investing companies (7). Investing companies (7) can both use their own money for investment purposes and provide services to potential buyers (3). In this case the buyers (3), bare ownership buyers (3a), and bare ownership share buyers (3aa) can buy these rights directly from immovable holders (2), bare ownership holders (2a) and bare ownership shareholders (2aa) or they may be the clients of investing companies (7).
In order to implement the method and system according to the present invention, the system may comprise at least one server (9) where relevant data are stored and made accessible to respective parties, at least one software package (10) managing the system on said server, and at least one communication means (11) which provides access to said server (9) and software (10) to carry out the required transactions. The communication means (11) may be a desktop computer, a notebook, a tablet or a smart phone. The operation of the system can preferably be carried out using a web-based software. The interconnection among the relevant parties can take place via Internet or LAN (8).
In terms of trading an immovable property (1) in the method and system according to the present invention, the whole of immovable, the bare ownership (1a) or bare ownership share(s) (1aa) can be sold by the bare ownership holder (2a) or the bare ownership shareholder(s) (2aa) to a buyer (3), to a bare ownership buyer (3a) or to a buyer of bare ownership shares (3aa). For instance, if the value of an immovable property is 1.000.000 $, the bare ownership (1a) and the usufruct (1 b) of said immovable (1) may be 600.000 $ and 400.000 $, respectively. It should be noted that these values are exemplar values only. In this example, the bare ownership (1a) may be divided into ten shares of bare ownership (1aa). In this example, the unit price of bare ownership shares (1aa) may be 60.000 $. Consequently, this method and system provide the opportunity to invest either 600.000 $ or at least 60.000 $ according to the budget of the buyer or investor. Such an investment can anytime be turned into money and may be traded on a relevant market (e.g. an exchange market for immovable properties) such that a novel trade medium is generated. The usufruct (1 b), in turn, cannot be divided into shares in the method and system according to the present invention, and more importantly, the rate of the usufruct (1b) is variable according to the expected remaining lifetime of a potential buyer of the immovable (1 ). In other words, the rate of usufruct (1 b) is not fixed. The most important criteria to be considered in calculating the usufruct of an immovable property (1 ) relates to the length of the expected remaining lifetime of the potential buyer of the usufruct (1 b). Since the usufruct (1 b) is restricted to lifetime, the rate or price of the usufruct (1b) will be low if the potential buyer of the usufruct (1 b) is an old person and his/her expected remaining lifetime is short, whereas the price of the usufruct (1 b) will be high if the potential buyer is young and healthy and his/her expected remaining lifetime is long. This variable price of the usufruct (1b) will be calculated based on a novel insurance product which is correlated with lifetime. This insurance product to be used in calculating the usufruct is such an insurance type which varies in proportion to lifetime for use in the system according to the subject system. This insurance may be referred here to as the "average life insurance" to make clear the subject matter of the invention and provide a clear definition. However, this life insurance should not be confused with the commercially available life insurance policies. The average life insurance (5a) is such a type of insurance which is used in calculating the usufruct (1b) and which varies according to the expected remaining lifetime of the usufruct holder (2b). In the most general terms, it is assumed in the average life insurance (5a) that the expected remaining lifetime will be short when the respective person is old, thus the price of the average life insurance (5a) and therefore the usufruct (1b) will be low. On the contrary, it is assumed here that the expected remaining lifetime will be long if the respective person is young, thus the average life insurance (5a) and therefore the usufruct (1b) will be high. The average life insurance (5a) is a means which can also be calculated for the buyer. In result, it is a means to be calculated according to life insurance calculations. In line with the generalizations, the flow chart given in figure 2 provides a method for the calculation of the usufruct (1b). In other words;
In the step to determine the expected usufruct of an immovable (100), if it is decided to separate an immovable property (1) into bare ownership (1a) or bare ownership share (1aa) and usufruct (1b), first the usufruct (1b) is calculated according to the life quality and the expected remaining lifetime of the potential usufruct holder (2b). This step may also be described as separating the value of an immovable (1) already held by a person into its usufruct and its bare ownership. In the step to determine the average life insurance of the person to whom the usufruct is to be sold (110), the life insurance calculations of the potential usufruct holder (2b) are made according to his/her expected remaining lifetime and thus the average life insurance (5a) is calculated. Here, as mentioned above, the usufruct will typically be high for young persons and low for old persons. The person who is to become the holder of usufruct is the buyer (3).
In the step "Are the average lifetime and the average life insurance of said person low?" (120), it is queried if the average lifetime and the average life insurance (5a) is low of the person who is to hold the usufruct. In the step "If the average life insurance is low, reduce the usufruct" (130), the usufruct (2b) is lowered if the average remaining lifetime and the average life insurance (5a) of the person to hold the usufruct are low. In other words, this is an indicator that the person to hold the usufruct is older than average and has an expected remaining lifetime which is under average. Therefore, according to averaging calculations, this person will have a relatively shorter lifetime and thus will use the usufruct for a relatively shorter time period. Therefore the usufruct (2b) can be lowered.
In the step "If the average life insurance is high, increase the usufruct" (140), the usufruct (2b) is increased if the average remaining lifetime and the average life insurance (5a) of the person to hold the usufruct are high. In other words, this is an indicator that the person to hold the usufruct is younger than average and has an expected remaining lifetime which is above the average. Therefore the usufruct (2b) can be increased.
In the step "Find the real usufruct value" (150), the value of usufruct (1 b) is found according to the life quality and to the average remaining lifetime of the person to hold the usufruct based on the result of the previous steps.
When the usufruct (1 b) is determined together with the bare ownership (1a) or bare ownership shares (1 aa) of a standard immovable property (1), there will be a bare ownership holder (2a) or bare ownership shareholders (2aa) for this immovable property (1). The bare ownership holder (2a) or bare ownership shareholders (2aa) can sell the rights they own or make use of these rights in an exchange market for immovable properties. However, a usufruct holder (2b) can either use the usufruct (1 b) he/she holds or rent it out to generate an income. In the method and system according to the present invention, a buyer of an immovable property (3a) or a buyer of a share of an immovable property (3aa) who is to make investment in the immovable property (1) will do so according to the life quality and expected remaining lifetime, i.e. calculated average life insurance (5a) of the usufruct holder (2b). Since the usufruct (1 b) will be transferred to the bare ownership holder (2a) or bare ownership shareholder (2aa) when the usufruct holder (2a) dies earlier than the completion of the expected remaining lifetime, this will make an extra profit for the holders (2a, 2aa), but when the usufruct holder lives longer than estimated, they will have no profit. This, in turn, will cause the value of bare ownership (1a) or bare ownership share (1 aa) to increase or decrease. This will similarly affect the bare ownership buyer (3a) or bare ownership share buyer (3aa) in making an investment decision. The insurance company (5) will have a balancing influence against such uncertainties. Insurance companies' (5) risk calculations according to the life quality and expected remaining lifetime of the usufruct holder (2b) can be made according to the risk calculations currently performed for known life insurances. The value resulting from this insurance calculations is named here as average life insurance (5a). However, this naming is not binding. The important point here is to make an estimation on when and in what value the bare ownership holder (2a) or bare ownership shareholder (2aa) will receive the usufruct back when the usufruct holder (2b) dies. In other words, the risks here are estimated for the cases when the usufruct holder (2b) dies earlier than expected, when the usufruct holder (2b) dies as expected, and when the usufruct holder (2b) dies later than expected, and accordingly, the bare ownership holder (2a) or bare ownership shareholder (2aa) are protected by an insurance policy.
In the method and system according to the present invention, the average life insurance (5a) of the usufruct holder (2b) which is based on the expected remaining lifetime of the usufruct holder (2b) can be made by any of the usufruct holder (2b), bare ownership holder (2a) and bare ownership shareholder (2aa), bare ownership buyer (3a) or bare ownership share buyer (3aa), investing company (7). The important points here are to provide consultancy for calculating the insurance rate, covering the service price and the insurance premiums, and paying the insurance value to respective parties according to events which take place in relation to the insurance. Here, the issuance of the average life insurance (5a) and making payments for financial losses against deaths or late deaths may be performed according to commercial preferences. There should be no restrictions here. The type and content of policy can be clarified according to insurance requirements and innovations to be made.
In the method and system according to the present invention, the time of death of the usufruct holder (2b) which may take place earlier or later than the end of the expected remaining lifetime will affect the value of the usufruct (1b) and its return date to the bare ownership holder (2a) or bare ownership shareholder (2aa) from the deceased usufruct holder (2b). For instance, since the bare ownership holder (2a) or bare ownership shareholder (2aa) will receive the usufruct when the usufruct holder (2b) dies before than expected, the bare ownership (1 a) or bare ownership share (1aa) they posses will become more valuable. Additionally, if there is made insurance in relation to the expected remaining lifetime of the usufruct holder (2b) and if this insurance is of loss payee type, insurance indemnity will be paid due to early death. If the usufruct holder (2b) dies within the expected remaining lifetime and if a loss payee type of insurance is made, insurance indemnity will be paid due to normal death. If the insurance related to the expected remaining lifetime of the usufruct holder (2b) is made by another person or establishment (e.g. investing company (6) or insurance company (5)), insurance indemnity will be paid to that person or establishment. If the usufruct holder (2b) has not died within the expected remaining lifetime, exceeded the expected lifetime and is still alive, the bare ownership holder (2a) or bare ownership shareholder (2aa) will suffer damage, but an insurance policy may be generated which will compensate such losses. This insurance policy may be made and covered by any of usufruct holder (2b), bare ownership holder (2a) or bare ownership shareholder (2aa), bare ownership buyer (3a) or bare ownership share buyer (3aa), investing company (7) according to who is to benefit from this policy. Such a policy reduces the risks of the bare ownership holder (2a) or bare ownership shareholder (2aa) and other beneficiaries. At the same time, if the usufruct holder (2b) dies later than expected, a loss indemnity for compensating the losses due to late transfer of usufruct (1b), as well as another indemnity against the death of the usufruct holder (2b), if the holder (2b) has a life insurance, will be possible. The basic points in the method and system according to the present invention are that the usufruct (1b) terminates when the usufruct holder (2b) dies and this right is returned to the bare ownership (1a) or bare ownership share (1aa); an insurance policy is generated against the early or late death of the usufruct holder (2b) with respect to the expected remaining lifetime; this insurance policy is paid by beneficiary parties; and that the losses of beneficiaries in case the usufruct holder (2b) dies earlier or later than expected are compensated by this insurance policy. In most general terms, the change in the bare ownership (1a) or bare ownership share (1aa) in line with the lifetime of the usufruct holder (2b), and accordingly the price of the life insurance of the usufruct holder (2b) can be made clear in the flow chart given in figure 3. In other words; In the step "Determine the average life expectancy of the holder of usufruct" (200), the expected remaining lifetime of the usufruct holder (2b) is determined. This determination can be made according to the standards of life insurance policies.
In the step "Query if usufruct holder is dead. If the holder is dead, then continue, but if the holder is alive, then go to step 220" (210), the usufruct holder (2b) is queried if he/she is alive. If the usufruct holder died earlier than expected, the usufruct (1a) is transferred to the bare ownership holder (2a) or bare ownership shareholder (2aa). If available, it is continued to the next step to enjoy the insurance policy of the usufruct holder, and if the usufruct holder is alive, a second insurance policy may be arranged which is not compulsory. In the step "Enter the current date and query if the deceased holder of usufruct died before the expected average lifetime has ended? If yes, then continue, but if not, then go to step 240" (230), it is queried if the usufruct holder (2b) died earlier than expected, passed the expected remaining lifetime limit, or died later than expected. In this query, it is continued if the usufruct holder died earlier than expected, and it is switched to step 240, if the usufruct holder did not die earlier than expected.
In the step "Decrease the value of usufruct because of late death, and if life insurance is available, then inform relevant parties. Inform relevant parties following both cases", the relevant parties enjoy the life insurance, if available, because of the late death of the usufruct holder (2b). Here, for instance, the losses of bare ownership holder (2a) or bare ownership shareholder (2aa) due to the late death of the usufruct holder can be compensated if life insurance is available. On the other hand, the usufruct (1 b) is transferred to the bare ownership holder (2a) or bare ownership shareholder (2aa) due to death. In the step "Did the deceased holder of usufruct had life insurance? If yes, then continue, but if no, then go to step 270" (250), it is switched to the next step if the usufruct holder (2b) had life insurance, and it is switched to step 270 if the usufruct holder (2b) did not have life insurance.
In the step "Inform relevant parties on the life insurance rates of the deceased holder of usufruct, inform holders on the price of usufruct" (260), if the usufruct holder had life insurance, the beneficiaries, e.g. of the loss payee type insurance, enjoy the life insurance of the usufruct holder (2b) due to early death, and the usufruct (1b) is transferred to the bare ownership holder (2b) or bare ownership shareholder (2aa).
In the step "Determine the current value of immovable and make it ready for a new sales" (270), the bare ownership (1) of the immovable (1) has now become more valuable due to the death of the usufruct holder (2b) and it is revaluated and made ready for a new sales. During this process, the immovable (1) can be revaluated in the form of bare ownership (1), bare ownership share (1a) and a new usufruct (1b).
During a first evaluation and sales of an immovable (1) in the method and system according to the present invention, it (1) can be resolved into bare ownership (1a), bare ownership share (1aa), and usufruct (1b) which varies according to the expected remaining lifetime of the person to buy the usufruct. The sales can be made using bank loans or not, by means of insurance companies (5) or not, to an investing company (7) or to a person. All these procedures described above can either be performed in an unprofessional manner, or under the control of a managing company (6). For the system's sustainability, there may be an immovable holder (2), bare ownership holder (2a) or a number of bare ownership shareholder (2aa) and a usufruct holder (2b). The bare ownership holder (2a) or bare ownership shareholders (2aa) can trade the rights they own. The values of bare ownership (1a) and bare ownership share (1aa) can increase or decrease according to the value of usufruct (1b) (see figure 2) and to the expected remaining lifetime of the usufruct holder (2b) (see figure 3). Accordingly, new buyers (3), i.e. a potential bare ownership buyer (3a) or a potential buyer of bare ownership share (3aa), can buy and resell said bare ownership (1 a) or bare ownership shares (1aa). Thus, the system is made accessible to all users via Internet or LAN (8) by means of software (10) installed by a managing company (6) on at least one server (9) to provide the management of all these procedures. Thus, persons or companies can resolve an immovable (1) into its bare ownership (1a) or bare ownership shares (1aa) and usufruct (1b), and valuate and sell such rights by means of communication means (11). An investing company (7) can buy and sell and market these rights. Thus, a novel immovable property platform is generated.
The method according to the present invention and a system based on this method may be managed as described above based on a computer program and hardware providing communication and may be applied to any kind of immovable properties. Any kind of immovable properties and primarily houses, but also plants, storehouses, airports, etc. may be covered.

Claims

A method for the sales of immovable properties and an electronic system by which this method is implemented, characterized by comprising an immovable property (1), wherein said immovable property comprises a bare ownership (1a) and a usufruct (1 b), wherein said bare ownership (1a) preferably comprises at least one bare ownership share ( aa); an immovable property holder (2) of said immovable property (1), wherein said immovable holder (2) comprises a bare ownership holder (2a) or bare ownership shareholder (2aa) and a usufruct holder (2b); a buyer (3) to buy said immovable property (1); a bare ownership buyer (3a) to buy said bare ownership (1a); at least one bare ownership share buyer (3aa) to buy said bare ownership share (1aa); an average life insurance (5a) which changes the value of the usufruct (1 b) according to the expected remaining lifetime of the buyer of usufruct (1 b) on a platform wherein said immovable property (1), bare ownership (1a), bare ownership share (1aa) and usufruct (1 b) are traded; an insurance company (5) managing said average life insurance (5a) and other insurances; preferably a bank managing the finance of the trade and rental of said rights; a managing company (7) managing said procedures; a buyer (3) or investing company (7) trading said immovable property (1), bare ownership (1a), bare ownership shares (1aa); as well as at least one server (10), at least one software, at least Internet or LAN (8), and communication means (11) providing the implementation of the procedures given above in an electronic setting on said platform.
The method or system according to claim 1 , characterized in that the usufruct (1 b) is restricted to the lifetime of the usufruct holder (2b), that the value of usufruct (1b) decreases when the expected remaining lifetime of the usufruct holder (2b) is relatively shorter, and that the value of usufruct (1b) increases when the expected remaining lifetime of the usufruct holder (2b) is relatively longer.
The method and system according to claim 1 , characterized in that the bare ownership (1a) and bare ownership share (1aa) can be sold by the bare ownership holder (2a) or bare ownership shareholder (2aa) and that the bare ownership (1a) and bare ownership share (1aa) can be bought by the bare ownership buyer (3a) or bare ownership share buyer (3aa). The method and system according to claim 1 or 3, characterized in that the bare ownership buyer (3a) or the bare ownership share buyer (3aa) are optionally investing companies (7), wherein the procedures can be implemented in a so- called exchange market for immovable properties.
A method for the sales of immovable properties, characterized by comprising at least one immovable property (1), wherein said immovable (1) comprises at least one bare ownership (1a) or bare ownership share (1aa) and a usufruct (1b), wherein said immovable (1) has at least one immovable holder (2), a bare ownership holder (2a) or bare ownership shareholder (2aa), and a usufruct holder (2b), wherein said bare ownership (1a) or bare ownership share (1aa) has at least one bare ownership buyer (3a) or bare ownership share buyer (3aa); wherein the value of said usufruct (1b) increases when the expected remaining lifetime of the usufruct holder (2b) is high, and the value of said usufruct (1b) decreases when the expected remaining lifetime of the usufruct holder (2b) is low; wherein an average life insurance (5a) is provided which is correlated with the length of the expected remaining lifetime; wherein the value of bare ownership (1a) or bare ownership share (1aa) increases or decreases when the usufruct holder (1b) dies earlier or later than the expected remaining lifetime, respectively; wherein an insurance policy is provided which compensates the losses due to the early or late death of said usufruct holder (2b) with respect to the expected remaining lifetime.
The method according to claim 5, characterized by comprising the following optional steps in calculating the usufruct (1b):
- determining the estimated usufruct of immovable (100)
- determining the average life insurance of the person to whom the usufruct is to be sold (110)
- querying if the average lifetime and the average life insurance of said person are low? (120)
- if the average life insurance is low, reducing the value of usufruct (130)
- If the average life insurance is high, increasing the value of usufruct (140)
- finding the real value of usufruct (150)
The method according to claim 5 or claim 6, characterized in that in the step of determining the expected usufruct of immovable (100), it is decided if an immovable property (1) is to be separated into a bare ownership (1) or bare ownership shares (1aa) and usufruct (1 b), it is proceeded to calculate the value of usufruct (1b) according to the life quality and the expected remaining lifetime of the respective buyer of usufruct (2b).
8. The method according to claim 5 or claim 6, characterized in that in the step of determining the average life insurance of the person to whom the usufruct is to be sold (110), the life insurance calculations of the person to hold the usufruct are made according to his/her expected remaining lifetime and thus the average life insurance (5a) is calculated.
9. The method according to claim 5 or claim 6, characterized in that in the step of querying if the average lifetime and the average life insurance of said person are low (120), it is queried if the average lifetime and the average life insurance (5a) is low of the person to whom the usufruct is to be sold.
10. The method according to claim 5 or claim 6, characterized in that in the step of reducing the usufruct if the average life insurance is low (130), the usufruct (2b) is lowered if the average remaining lifetime and the average life insurance (5a) of the person to whom the usufruct is to be sold are low.
11. The method according to claim 5 or claim 6, characterized in that in the step of increasing the usufruct if the average life insurance is high (140), the usufruct (2b) is increased if the average remaining lifetime and the average life insurance (5a) of the person to whom the usufruct is to be sold are high.
12. The method according to claim 5 or claim 6, characterized in that in step of finding the real usufruct value (150), the value of usufruct (1 b) is found according to the life quality and of the average remaining lifetime of the person to whom the usufruct is to be sold based on the result of the previous steps.
13. The method according to claim 5, characterized in that the change in the bare ownership (1a) or bare ownership share (1aa) in line with the expected remaining lifetime of the usufruct holder (2b), and accordingly the price of the life insurance of the usufruct holder (2b) can be made clear according to the following steps:
- determining the average life expectancy of the holder of usufruct (200) - querying if the holder of usufruct is dead: if the holder is dead, then continue, but if the holder is alive, then go to step 220 (210)
- entering the current date and querying if the deceased holder of usufruct died before the expected average lifetime has ended: if yes, then continue, but if no, then go to step 240 (230)
- decreasing the value of usufruct because of late death, and if life insurance is available, then informing relevant parties; informing relevant parties following both cases (240)
- did the deceased holder of usufruct had life insurance: if yes, then continue, but if no, then go to step 270
informing relevant parties on the life insurance rates of the deceased holder of usufruct, informing holders on the price of usufruct (260)
- determining the current value of immovable and making it ready for a new sales (270)
14. The method according to claim 5 or claim 13, characterized in that in the step of determining the average life expectancy of the holder of usufruct (200), the expected remaining lifetime of the usufruct holder (2b) is determined, and in that this determination is based on the standards of life insurance policies.
15. The method according to claim 5 or claim 13, characterized in that in the step of querying if usufruct holder is dead: if the holder is dead, then going on, but if the holder is alive, then going to step 220 (210), the usufruct holder (2b) is queried if he/she is alive; and that if the usufruct holder died earlier than expected, the usufruct (1a) is transferred to the bare ownership holder (2a) or bare ownership shareholder (2aa); and if available, it is continued to the next step to enjoy the insurance policy of the usufruct holder, and if the usufruct holder is alive, a second insurance policy may be arranged which is not compulsory.
16. The method according to claim 5 or claim 13, characterized in that in the step of entering the current date and querying if the deceased holder of usufruct died before the expected average lifetime has ended: if yes, then going on, but if not, then going to step 240 (230), it is queried if the usufruct holder (2b) died earlier than expected, passed the expected remaining lifetime limit, or died later than expected, and it is continued if the usufruct holder died earlier than expected, it is switched to step 240 if the usufruct holder did not die earlier than expected.
17. The method according to claim 5 or claim 13, characterized in that in the step of decreasing the value of usufruct because of late death, and if life insurance is available, then informing relevant parties and informing relevant parties following both cases: the relevant parties enjoy the life insurance if available, because of the late death of the usufruct holder (2b), that the losses of bare ownership holder (2a) or bare ownership shareholder (2aa) due to late death of the usufruct holder are compensated if life insurance is available, and that the usufruct (1 b) is transferred to the bare ownership holder (2a) or bare ownership shareholder (2aa) due to death.
18. The method according to claim 5 or claim 13, characterized in that in the step of querying if the deceased holder of usufruct had life insurance? If yes, then going on, but if no, then going to step 270 (250), it is switched to the next step if the usufruct holder (2b) had life insurance, and it is switched to step 270 if the usufruct holder (2b) did not have life insurance.
19. The method according to claim 5 or claim 13, characterized in that in the step of informing relevant parties on the life insurance rates of the deceased holder of usufruct, informing holders on the price of usufruct (260), if the usufruct holder had life insurance, the beneficiaries, e.g. of loss payee type insurance enjoy the life insurance of the usufruct holder (2b) due to early death, and the usufruct (1b) is transferred to the bare ownership holder (2b) or bare ownership shareholder (2aa).
20. The method according to claim 5 or claim 13, characterized in that in the step of determining the current value of immovable and making it ready for a new sales (270), the bare ownership (1) of the immovable (1) is now more valuable due to the death of the usufruct holder (2b) and it is revaluated and made ready for a new sales optionally in the form of bare ownership (1), bare ownership share (11) and new usufruct (1 b).
PCT/TR2016/000092 2016-03-07 2016-06-29 A method for the sales of immovable properties and an electronic system to implement the same WO2017155481A1 (en)

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US20120246013A1 (en) 2008-07-07 2012-09-27 Google Inc. Claiming real estate in panoramic or 3d mapping environments for advertising
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Patent Citations (5)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
WO2002080078A1 (en) 2001-04-02 2002-10-10 Euro-American International, Inc. System and method for franchise, finance, real estate, and supplier relationship management
US20050240426A1 (en) * 2004-04-27 2005-10-27 Smith Jeffrey C System, method and computer program product for facilitating real estate transactions
US20120246013A1 (en) 2008-07-07 2012-09-27 Google Inc. Claiming real estate in panoramic or 3d mapping environments for advertising
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