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PURCHASE CONTRACTS

Costa 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.

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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.