Buying real estate in Costa Rica can be an exciting and rewarding experience. Whether you are dreaming of a retirement home near the beach, a mountain hideaway, an investment property, or a small business venture, Costa Rica continues to attract buyers from North America and Europe. The country offers political stability, natural beauty, friendly people, and a relatively straightforward property ownership system for foreigners.
However, one crucial factor can determine whether your experience is smooth and successful—or stressful and expensive: choosing the right attorney.
In Costa Rica, an attorney plays a far more central role in real estate transactions than many foreign buyers expect. Unlike in the United States or Canada, where real estate agents, escrow companies, and title insurance companies divide responsibilities, in Costa Rica much of the legal responsibility rests on the shoulders of the attorney you hire. For this reason, choosing an attorney carefully is not just good advice—it is essential.
Why an Attorney Is So Important in Costa Rica
Costa Rica does not operate under the same real estate safeguards that many North American buyers take for granted. There is no nationwide multiple listing service (MLS), real estate agents are not required by law to be licensed, and title insurance is not commonly used in residential transactions.
Instead, Costa Rica relies on a centralized public registry, known as the Registro Nacional, where all property titles, liens, mortgages, easements, and legal attachments must be recorded to be legally enforceable. Navigating this system correctly requires legal knowledge, experience, and attention to detail.
Your attorney is responsible for:
- Verifying ownership of the property
- Ensuring the title is clear and free of liens
- Confirming property boundaries and registered measurements
- Preparing or reviewing the purchase contract
- Handling escrow or trust arrangements
- Recording the transaction properly at the National Registry
A competent attorney protects your interests. An inexperienced or careless one can expose you to unnecessary risk.
English Fluency Is Not Optional
The first and most important requirement when choosing an attorney is simple: he or she must speak English fluently—and speak it well.
Legal transactions involve complex documents, specific terminology, and important deadlines. If you cannot clearly understand what your attorney is explaining—or if they cannot clearly understand your concerns—you are putting yourself at risk.
Fluent English allows your attorney to:
- Explain Costa Rican laws and procedures in plain language
- Answer your questions clearly and accurately
- Translate and interpret legal documents correctly
- Communicate effectively with banks, sellers, and other professionals
Do not assume that “basic English” is enough. This is not the time for misunderstandings. If you are unsure about their language skills, have a detailed conversation before hiring them. Ask them to explain the entire buying process step by step and see how comfortable and clear they are.
Always Ask for Multiple References
Never hire an attorney based on a single recommendation or an online advertisement alone. Ask for references—several of them.
A reputable attorney who regularly works with foreign buyers should be able to provide:
- Names of past clients (preferably foreigners)
- Contact information
- Brief descriptions of similar transactions they have handled
Take the time to contact these references. Ask direct questions:
- Were you satisfied with the attorney’s communication?
- Were fees clearly explained in advance?
- Were there any surprises?
- Would you hire this attorney again?
If an attorney hesitates to provide references or becomes defensive when asked, consider that a red flag.
Ask About Fees—Up Front and in Writing
One of the most common sources of frustration for foreign buyers is unexpected legal fees. To avoid this, ask about fees before you agree to move forward—and get everything in writing.
Ask these specific questions:
- What is your total fee for this transaction?
- What services are included in that fee?
- Are there additional costs I should expect?
- How are government fees, transfer taxes, and registry costs handled?
In Costa Rica, legal fees for real estate transactions are often higher than what buyers are accustomed to in the U.S. or Canada. This does not necessarily mean the fees are unreasonable—but surprises are unacceptable.
A clear written fee agreement protects both you and the attorney. If an attorney is unwilling to provide this, you should look elsewhere.
Experience in Real Estate Law Matters
Not all attorneys in Costa Rica specialize in real estate law. Some focus on criminal law, family law, labor law, or immigration. While they may be fully licensed attorneys, that does not mean they are qualified to handle a real estate transaction for a foreign buyer.
Ask directly:
- How many real estate transactions have you handled?
- How many involved foreign buyers?
- Do you regularly work with corporations purchasing property?
- Are you familiar with coastal, rural, or agricultural properties (if applicable)?
Real estate in Costa Rica has unique challenges, such as concession land near the coast, agricultural zoning restrictions, water rights, access easements, and informal boundary markers. An experienced real estate attorney knows what to look for and how to address potential problems before they become costly.
Your Attorney Must Represent You—Not the Seller
This point cannot be overstated: your attorney should be completely independent from the seller’s attorney.
In some cases, sellers or real estate agents may suggest using “their” attorney to save time or money. While this may sound convenient, it creates a conflict of interest. An attorney cannot fully protect both parties at the same time.
Your attorney’s sole responsibility should be to protect your interests—not to close the deal quickly, keep the seller happy, or please the real estate agent.
Never Pay Attorney Fees Before the Deal Is Closed
One of the most important rules when buying real estate in Costa Rica is this:
Do not pay any attorney fees until the deal is closed.
A professional attorney understands this and will not pressure you for payment in advance. Fees are typically paid at closing, once:
- The title transfer is complete
- The property is properly registered
- Funds have been disbursed correctly
Paying fees early removes your leverage and increases your risk. If something goes wrong or the deal falls apart, recovering prepaid fees can be difficult or impossible.
Written Contracts Only—No Exceptions
All offers and agreements should be in writing and prepared or reviewed by your attorney. Verbal agreements have little to no legal value in Costa Rica, especially in real estate transactions.
Your attorney should:
- Draft the purchase and sale agreement
- Clearly outline contingencies and timelines
- Specify penalties for non-compliance
- Protect your deposit with proper escrow arrangements
Never rely on informal promises or handshake deals, no matter how friendly or trustworthy the seller may seem.
Red Flags to Watch For
While many attorneys in Costa Rica are ethical and competent, buyers should watch for warning signs, including:
- Poor communication or delayed responses
- Vague explanations of fees or procedures
- Pressure to move quickly without proper due diligence
- Reluctance to provide references
- Asking for payment before closing
Trust your instincts. If something feels wrong, it probably is.
Final Thoughts
Buying real estate in Costa Rica can be a wonderful experience—but only if you approach it with patience, preparation, and professional guidance. Choosing the right attorney is the single most important decision you will make during the process.
A qualified, experienced, English-speaking attorney with solid references will:
- Protect your investment
- Reduce your risk
- Give you peace of mind
Take your time, ask questions, and never feel rushed. The right attorney will welcome your caution and respect your need for clarity.
When it comes to Costa Rica real estate, choosing an attorney carefully is not just good advice—it is common sense.