Real Estate Attorney in Tamarindo, Costa Rica

Munduss Legal keeps an office in Tamarindo, Guanacaste, and represents buyers from the United States and Canada who are acquiring homes, condominiums, lots and rental properties along this stretch of the Pacific coast: Tamarindo, Langosta, Playa Grande, Flamingo, Potrero, Avellanas and the surrounding communities.

We act for the buyer, and only the buyer. We do not sell property, we do not share commissions with anyone in the transaction, and our opinion of a title does not depend on whether the deal closes.

Why a purchase in Guanacaste needs local counsel

Titled property in Costa Rica can be owned by foreigners with the same rights as citizens, and most of the law is national. What changes on the coast is the ground itself. The questions that decide whether a Tamarindo-area purchase is sound are local ones:

• Is the land titled, or is it a concession? The first 200 meters from the high-tide line fall under the Maritime Zone Law. The first 50 meters are public and cannot be owned; the next 150 meters can only be held under a municipal concession, which is a different right from ownership and carries restrictions on foreign holders. See our page on maritime zone concessions.
• Is there water? A lot without a water availability letter from the local ASADA or from AyA may not obtain a building permit. In several coastal communities availability is limited, and it has to be verified in writing before closing, not after.
• What can be built? Not every district has a zoning plan in force. Where there is none, land use is determined case by case by the municipality, and setbacks from rivers, creeks, mangroves and public roads can take a meaningful part of a lot out of play.
• Is it a condominium? Much of the coastal inventory is held under the condominium regime. Bylaws can restrict short-term rentals, pets, construction and use, and unpaid HOA dues follow the unit.
• Will it be rented? Short-term rentals must be registered and are subject to VAT and income tax. The ownership structure should be decided with that in mind before the deed is signed, because changing it later costs money.

How we handle a purchase

1. Before you sign anything. We review the offer or letter of intent so that the deposit, the due diligence period and the exit conditions are written to protect you.
2. Due diligence. Title and encumbrance study at the National Registry, comparison of the cadastral survey with the physical lot, water, zoning and land-use verification, municipal and tax standing, condominium bylaws and dues, and corporate review when the property is held by a company. You receive a written report. More on legal due diligence.
3. Structure. Personal name or Costa Rican company, one owner or several, with or without a rental operation. We explain the tax and estate consequences of each in plain terms. More on corporate structuring.
4. Escrow. Funds move through an escrow agent registered with the Costa Rican financial regulator. We coordinate the compliance file so that it does not delay closing.
5. Closing and registration. The transfer deed is executed before a Costa Rican notary public and filed at the National Registry. We follow it until the property appears in your name, and we deliver the registered title.

Frequently asked questions

Can I buy property in Tamarindo as a foreigner?

Yes. Titled property can be owned by a foreign individual or by a Costa Rican company with foreign shareholders, with the same rights as a national. You do not need residency. The exception is land inside the maritime zone, which is held by concession and has its own rules.

Do I have to travel to Costa Rica to close?

No. Many of our clients close from abroad through a special power of attorney. The power has to be granted with specific formalities to be valid for a property transfer in Costa Rica, so we prepare it and guide you through signing it where you live.

How long does a purchase take?

It depends on the property and on the agreement between the parties. A due diligence period followed by closing within a few weeks is common for titled property with clean records. Concessions, properties held in companies and transactions with financing take longer.

Should I buy in my own name or through a corporation?

There is no single right answer. A company can simplify a future sale and the succession of the property, and it carries annual obligations and filings of its own. We recommend a structure after we know how you will use the property, who will inherit it and where you pay tax.

What are the closing costs?

Closing costs in Costa Rica are made up of the government transfer tax, registry stamps and notary fees set by an official tariff, plus escrow fees. We give you a written estimate for your specific transaction before you commit to it.

Who do you represent?

The buyer. The notary who executes a deed in Costa Rica is a neutral public officer, and a seller or developer will often propose their own. You are entitled to your own counsel, and who the notary will be is a point you can and should negotiate in the purchase agreement.

Talk to us before you sign

The least expensive moment to involve a lawyer is before the offer is signed and the deposit is wired. Write to da***@*****ss.com or message us on WhatsApp at +1 (863) 389-9378. Our Tamarindo office is in La Garita, Oficentro Global Tribu, office 4, next to Condominios El Sandal.