Why Hiring a Good Lawyer in Costa Rica Is Essential for Property Purchases
How to choose, vet, and work with the attorney who protects your purchase.
A good lawyer in Costa Rica is your main protection when buying property, because transfers here run through a notary public rather than a title company. Your lawyer verifies the title at the National Registry, moves funds through regulated escrow, and records the deed in your name. Choose poorly and the mistake can cost you the property itself.
Why does the lawyer matter so much in Costa Rica?
If you are coming from the United States or Canada, you are probably used to a closing that involves a title company, an escrow officer, and title insurance as standard practice. Costa Rica does not work that way. The system is built around two things: the public property record at the Registro Nacional, and the notary public who drafts and records your transfer deed. There is no large title insurance industry standing behind every purchase (title insurance exists here, but most buyers close without it).
That puts far more weight on one professional. Your lawyer in Costa Rica is often the person doing the title study, drafting the contracts, coordinating the escrow, paying the transfer tax, and filing the deed. When that person is careful, closings here are orderly and safe. We have been part of many of them in the Playas del Coco area, and the process works well when it is done right. When that person is careless or dishonest, there is not much of a safety net behind them.
What is a notary public in Costa Rica, and why is it different?
In the US, a notary is someone who checks ID and stamps a signature. In Costa Rica, a notary public is a licensed attorney who has also completed a graduate specialty in notarial law and is regulated by the Dirección Nacional de Notariado under the Notarial Code (Law 7764). Only a notary can draft and authenticate the transfer deed (the escritura pública) and submit it for recording at the Registro Nacional.
This is why "hire a good lawyer" and "hire a good notary" are usually the same sentence here. Many real estate attorneys are also notaries. If yours is not, a notary will still have to execute the deed, so it pays to know who is doing what before you sign anything.
What does a good real estate lawyer actually do for you?
A thorough attorney earns their fee well before closing day. On a typical purchase, expect them to:
- Run a full title study at the Registro Nacional to confirm who owns the property and to surface mortgages, liens, annotations, easements, and pending lawsuits.
- Check the survey (the plano catastrado) against the registered title, so the land you walked matches the land you are buying.
- Review the corporation if the property is held in a company, including who really controls the shares and whether corporate taxes are current.
- Confirm water and land use, especially for lots: a water availability letter and the municipal land use certificate (uso de suelo) can make or break a building plan.
- Flag concession issues in the maritime zone, where the rules differ completely from titled land. Our guide to concession vs. titled properties explains why this matters on the beach.
- Draft the purchase agreement with real protections: due diligence periods, deposit terms, and clear conditions for walking away.
- Coordinate a regulated escrow, so your money sits with a SUGEF-registered escrow provider until conditions are met, never in someone's personal account.
- Pay the transfer tax and record the deed, then follow up until your name actually appears in the registry.
What can go wrong with the wrong lawyer?
Most closings in Costa Rica go smoothly. We want to be honest about that: this is not a lawless market, and thousands of foreigners buy here safely every year. But the failures we have heard about over the years almost always trace back to skipped legal steps. A careless or dishonest lawyer can:
- Miss a lien, mortgage, or annotation that becomes your problem after closing.
- Fail to record the deed promptly, leaving a window where the seller could transfer or encumber the property again.
- Handle funds informally instead of through a registered escrow, which is where most outright theft happens.
- Represent the seller or developer at the same time, and quietly resolve every conflict in their favor.
None of these risks are exotic. Every one of them is avoidable with an independent, verified attorney and a regulated escrow account.
What do legal fees and closing costs look like in 2026?
Costa Rica's property transfer tax is 1.5% of the higher of the sale price or the registered fiscal value, under Law 6999. On top of that, budget roughly 0.5% for National Registry stamps, a small amount for other documentary stamps, and notary fees that follow an official tariff and commonly work out to around 1% to 1.5% of the purchase price. All in, buyers usually plan for total closing costs in the range of 3.5% to 4%. Who pays is negotiable, but in practice the buyer usually covers closing costs, or the parties split them.
Treat these numbers as planning figures, not a quote. Fees shift with the deal structure (for example, buying a corporation rather than the property directly), so ask your attorney for a written estimate before you commit. We walk through the whole sequence in our guide on how to buy a home in Costa Rica.
How do you verify a lawyer before you hire them?
You do not have to take anyone's word for it. A few checks take minutes and filter out most problems:
- Confirm they are licensed and in good standing with the Colegio de Abogados y Abogadas de Costa Rica, the national bar association, which lets you check for suspensions and disciplinary actions.
- Confirm notary status with the Dirección Nacional de Notariado if they will execute your deed.
- Ask who holds the money. The only good answer is a SUGEF-registered escrow company. If anyone suggests wiring your deposit to a personal or law firm account, walk away.
- Ask for references from past foreign buyers, and from agents or property managers who have closed multiple deals with them.
- Get the plan in writing: scope, timeline, fees, and what the due diligence report will cover.
After closing, you can also verify the result yourself. The Registro Nacional offers free online property consultations, so you can see your own name (or your corporation) on the title within days of recording.
Should your lawyer be independent from the seller?
Yes. It is common here for a seller or developer to offer "their" lawyer to handle everything, and it is usually pitched as a convenience. Sometimes it is fine. But due diligence only protects you when the person doing it answers to you. An independent attorney costs about the same, reads the file with your interests in mind, and has no reason to soften bad news. This matters even more for foreign buyers; if that is you, start with our guide for Americans buying property in Costa Rica.
How we fit in
At Expat Properties | CR, we live and work in Playas del Coco, and we have spent years watching which attorneys communicate clearly, hit deadlines, and protect buyers. You are always free to hire any lawyer you like, and we mean that. But if you want a short list of legal professionals we trust with our own clients' closings, just ask. Browse our current properties for sale, or contact us with your questions and we will point you in the right direction.
Frequently asked questions
Do I need a lawyer to buy property in Costa Rica?
In practice, yes. Only a notary public, a specially licensed attorney regulated by the Direccion Nacional de Notariado, can draft and record the transfer deed at the National Registry. Most buyers hire a real estate attorney who is also a notary to run the title study, manage escrow, and handle the closing from start to finish.
How much does a real estate lawyer cost in Costa Rica?
Notary fees follow an official tariff and commonly work out to around 1% to 1.5% of the purchase price. Add the 1.5% transfer tax and roughly 0.5% in registry stamps, and total closing costs usually land near 3.5% to 4%. Get a written estimate from your attorney, since deal structure changes the math.
How do I check if a Costa Rican lawyer is legitimate?
Verify their license and standing with the Colegio de Abogados y Abogadas de Costa Rica, and their notary status with the Direccion Nacional de Notariado. Ask where deposits are held; the answer should be a SUGEF-registered escrow company, never a personal account. References from past foreign buyers are a strong final filter.
Cover photo: Blogtrepreneur, CC BY 2.0, via Wikimedia Commons · Photo: Rawpixel (uncredited photographer), CC0 1.0, via Openverse
