Practical guide for navigating the legal and bureaucratic process
1. Preliminary research and legal assistance. It is essential to have a lawyer specialized in real estate law in Costa Rica. Your attorney will verify the property titles in the National Register, check that there are no pending mortgages or litigation, and will ensure that the purchase is legitimate and secure.
2. Creation of a company. Many foreigners prefer to buy property through a limited liability company (Sociedad Anónima or S.A.). This approach offers tax advantages and facilitates asset management, especially for succession. A lawyer can assist you in setting up the company, which requires a registration with the Register of Legal Entities.
3. Signing of the preliminary contract. After choosing the property, we proceed with the signing of a preliminary contract. This document defines the details of the sale, such as the price, payment methods and finalization times. A deposit of 10-20% of the value of the property is usually required. Your lawyer will be responsible for verifying that the contract complies with local laws.
4. Due diligence. Legal due diligence is a crucial step in making sure there are no legal constraints on the property. Your lawyer will carry out extensive research to verify the regularity of the securities and confirm that there are no bureaucratic obstacles or debts related to the property.
5. Public act and registration. Once the due diligence has been completed, the purchase is finalized through a public act before a notary. In Costa Rica, notaries are also lawyers with powers of registration, and will be responsible for registering the transaction in the National Registry. After registration, you will officially become the owner of the property. Payment of taxes Foreigners who own property in Costa Rica must comply with local tax regulations. The main taxes include real estate tax, which ranges from 0.25% to 0.55% of the registered value of the property, and luxury real estate tax, if applicable. In addition, income from renting the property is subject to income tax.