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Completing a Deal !!!

Once you have found the property you want to buy and come to financial terms you will need an attorney / notary to execute the transaction. As with real estate agents, it is typical for an attorney to represent both the buyer and seller. It is the buyer’s right to select the attorney. Documents are in Spanish so if you don’t speak and read good Spanish, make sure your attorney can translate them for you. Only a state certified Notary can authenticate a real estate transaction. In Costa Rica, a Notary must also be a lawyer. However, some practicing lawyers are not Notaries but work with a partner that is the official Notary. This is not a problem. Just make sure it is clear that all documents will be certified by his or her partner.

In Costa Rica, the seller transfers property to the buyer by executing a transfer deed before a notary public. Unlike common law countries, such as the United States and Canada, in Costa Rica the notary public has extensive powers. The notary public must be an attorney and may draft and interpret legal documents, as well as authenticate and certify the authenticity of documents. Property can be purchased in one person's name, jointly, or in the name of a corporation. It is very common in Costa Rica for individuals to put property in the name of a corporation in which they own all the shares. You should discuss this asset protection with your accountant and attorney so that you will be informed of the tax implications in your individual situation.

It is the lawyer’s role to draw up the contract or carta de venta. However, before the sale document is executed, the lawyer must verify the position of the existing registration including liens, mortgages, etc, and make sure all back taxes and government fees are paid up to date.

Keep in mind that a lawyer may not cover all the issues in some land transactions, be them titled, untitled or beachfront properties. Some, which may need to be considered in the sales contract. In most cases, the lawyer never even sees the physical property and can’t advise you on issues such as describing physical access (it may differ from access shown on the survey map), or that the survey map coincides with the physical borders like fence lines, and in some cases ( as with possession property ), organize notarized statements with bordering neighbors stating there are no boundary disputes or usage agreements with third parties. Also, describing and guaranteeing water rights, and how to handle existing tenants or crops. It is important to make sure that after all the papers are presented that someone follow up on the recording of the papers.

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