Costa Rica real estate attorney: what to expect as a foreign buyer

A Costa Rica real estate attorney protects you before money changes hands. This page explains what the lawyer checks, how the process runs and what to ask before you hire one.

By Napoleón Contreras · Last updated October 28, 2026 · Independent information, not legal advice

Figures and rules labeled estimated come from secondary sources (law-firm and press summaries) and have not been confirmed against the current official text as of 2026-10-28. Confirm them with a licensed lawyer before you rely on them.

What a real estate lawyer does in a Costa Rican purchase

In many countries a buyer relies on an agent and a title company. In Costa Rica the legal work centers on an attorney who is also a notary. The attorney reviews the documents, drafts or checks the contract, and the notary formalizes the transfer in a public deed and has it registered. Your lawyer's job is to make sure that what you pay for is what you end up owning.

The legal review normally covers the points below. None of them is cosmetic: each one has caused real buyers to lose money.

At a glance: the main legal checks

The title and the registry

Every property is recorded at the National Registry. A title search (estudio registral) shows the registered owner, the plot (plano catastrado), mortgages, liens, easements and any legal notes. The lawyer compares the registry with the seller's documents. If the seller is a company, the lawyer also checks who has authority to sell on its behalf.

• Does the seller appear as the owner in the registry?
• Are there mortgages, embargoes or annotations that survive a sale?
• Does the surveyed plot match the physical property and the stated area?
• Are there easements or shared-ownership arrangements?

Zoning, water and access

Whether you can build, subdivide or rent a property short-term depends on zoning and municipal rules. Rural land raises two more questions that surprise foreigners: legal access (a recorded right of way, not just a dirt road) and a reliable water source with its own legal status. Ask your lawyer to confirm both in writing before you sign. A private well for domestic use on your own land does not need a water concession, but it must be registered with the Water Directorate, and wells may not be built within 40 meters of a wastewater system (official procedure page of the Water Directorate). Building normally needs a municipal permit and, depending on size and impact, an environmental viability from SETENA estimated.

Beachfront land is different

Land close to the shoreline falls under a special regime known as the Zona Marítimo Terrestre. Part of it is public and cannot be privately owned, and the remainder is usually held through a municipal concession, with rules on use and on who may hold it. This is the area where uninformed foreign purchases go wrong most often. If your target property is near the coast, say so when you contact a lawyer. The first 50 meters measured from the ordinary high-tide line are public and cannot be privately owned (Attorney General opinion OJ-253-2003). The rest of the strip, commonly described as 150 meters, is held through municipal concessions estimated. Reports say concessions run from 5 to 20 years, that a foreigner needs at least five years of residence to hold one, and that companies with more than 50% foreign capital are excluded estimated. We have not confirmed these points against the current text of Law 6043.

The purchase contract and the deposit

Before the deed, buyers usually sign a purchase option or sale agreement and pay a deposit. This document decides what happens if the sale fails. Your lawyer should check:

• who holds the deposit and under what conditions it is returned;
• deadlines for the title review and for closing;
• who pays which costs and taxes (see the closing cost calculator);
• what the seller guarantees and what remedies you have.

Contracts are typically in Spanish. Ask the firm for a translation or a clause-by-clause explanation before you sign anything.

Closing, taxes and registration

At closing the notary prepares the deed, collects the transfer taxes and fees due, and presents the document for registration. After registration, the registry shows you as the owner. Your lawyer should give you the final registry extract and a closing statement that matches the quote you received. The transfer tax is commonly cited at 1.5% of the declared value estimated, and registry rights and stamps are small additional percentages estimated. Notary fees follow a fee schedule set by decree, and a 13% VAT is reported on top of them estimated.

How to hire the right firm

1. Ask for a written, itemized quote: legal fee, notary fee, registry fees, taxes.
2. Confirm that the attorney is licensed and ask for the license number.
3. Confirm who the client is: you alone, or also the seller or the developer.
4. Ask who handles the deposit and how it is protected.
5. Ask what happens if the title search finds a problem: do you get your deposit back?

Once you know what you want, join the waitlist and we will email you when an independent bilingual firm is available. Prefer to learn the whole process first? Read the step-by-step buying guide, or see area guides for Tamarindo and Santa Teresa.