Buying Real Estate
in Costa Rica
While the economy has become more global in nature, real estate
tends to reflect more local factors. The news from the U.S. is
dominated by foreclosures, the subprime mortgage mess and home
values plunging in many areas. Costa Rica on the other hand has
a booming real estate market with strong demand as the world discovers
this special country.
Costa Rica�s laws and constitution, based on a well-developed tradition of Democratic government, include secure property rights for the private ownership of land. These laws are extended equally to foreigners as well as residents. Neither citizenship, nor residency, or even a presence in the country is required for land ownership. There are almost no restrictions to the ownership of land in Costa Rica, with the exception of direct beachfront. To a prospective off-shore investor, the receptiveness of the host country to be invested in, is an important consideration of the investment. This is especially true for Real Estate. Few countries in the world welcome foreigners so well, and have such magnanimous laws that allow for, and protect, the property rights of foreign investors the same as citizens. Costa Rica�s open door policy to foreign investment combined with secure property rights, has made it a number one pick for foreign Real Estate investment. Land RecordsCosta Rica boasts a safe form of title registration to protect buyers from hidden claims. In many ways, the Costa Rican system of maintaining property records is far superior to systems in use by more developed countries such as the United States. All documents are centered in the National Registry, where both titles and surveys are recorded. Records are kept in a central computer system as well as on microfilm, and in original form. Duplicates of all records are updated daily, and sent to two separate fireproof vaults in separate locations from the registry. Any change in the status of a title, or any claim that might affect it, must also be noted on the title registry page, thus making it easy to verify. Those who purchase land in Costa Rica should get professional advice, which includes a search of the title in the Registry, so as to confirm there are no liens or encumbrances on it, and to establish its proper ownership. Once the deal is completed, the purchaser should receive documents to prove the sale was registered in the Registry. Property TaxesThe yearly taxes on properties in Costa Rica are very low. Yearly property taxes based on 0.0025% of the declared value of the property. This declared value is a common law practice in which a property�s value according to the government is very low, almost always lower than the sales price. Closing CostsClosing costs for a sale include a land transfer tax, a stamp tax, and attorney fees. The transfer and land taxes are assessed based on the declared value, while legal fees are charged based on actual sales price of the property. Closing costs typically run a total of 3-5% of the actual sales price, including the attorney fees. Closing costs are customarily split 50/50 between the buyer and seller. Costs of obtaining and registering a mortgage are the buyer�s responsibility. FinancingMost property sales in Costa Rica are paid in full at closing. Bank financing in Costa Rica is difficult to find at economically feasible rates. Owner financing is often available, and typically requires at least half down with a 1-3 year note. Many people, who need financing, find they can obtain financing in their own country faster and at a lower rate than in Costa Rica. Purchase ContractsCosta Rica�s legal system is based on a "civil code" system, as opposed to a "common law" system like that of the United States. Under Costa Rica�s civil code, there is less interpretation of the law by judges, because the civil code is more restrictive. For this reason, land contracts in Costa Rica are far less comprehensive, than the common law contacts most foreigners are used to. Under the civil code system, the contact covers only what is not regulated by law, and thus can be very simple. In Costa Rica a land purchase contract is achieved through an "option to purchase". An option to purchase gives the buyer the right to purchase a described property in a set amount of time. Typically 10-20% of the purchase price is paid to the seller through a broker or attorney (after verifying the property can be legally transferred), for the purchase of the option. Most closings can take place in a matter of days if the property is already registered in the National Registry; however, most options are written for 30-90 days. A purchase agreement or option to purchase under civil code has far less components but should include: The names and identification numbers of the buyer and seller, whether held by a corporation or personally. A description of the property, which includes boundaries and size (if know at time of sale) and all numbers identifying the property in the National Registry. Properties being subdivided from a larger property can be sold based on agreed upon boundaries, or based on the square meters of land to be divided off. The price in either colones or dollars. The dates for the option period. Terms or mortgages to be recorded at closing, if any. An agreement to the payment of closing costs; usually split 50/50 between the parties. An agreement to provide for a registered survey prior to closing, usually the seller�s responsibility. Any other agreements or clauses. Title InsuranceTitle insurance is not necessary in Costa Rica due to the laws of the civil code. The buyer� attorney should make a thorough title search prior to closing; after which, one can safely purchase the property. To pay a title company to perform the exact same task prior to closing is redundant and expensive. Additionally, when a property is transferred to a new owner in Costa Rica, all past claim that were not properly registered in the National Registry, can not be placed on the new owner, thus eliminating the need to insure against past problems coming to light. Many properties are held by corporations (S.A.), and in these cases, more thorough research is required if one wants to assume the existing corporation, which can save money on closing costs. After the SaleThe purchaser should verify, through his broker or attorney, that the property was properly registered in the National Registry, and receive originals or copies of the documents showing all the proper stamps from the process.
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