Dec. 19, 2010 -
PRLog -- Over the past several years of conducting private investigations in Costa Rica I have learned a great deal about the legal system that always seems to present problems for ex-pats. The problems start with the selection of an attorney. Most assume that a lawyer here is inequivalent to lawyers in the United States. The reality is that if you select a lawyers based on what you read on the internet you are going to have problems. First and foremost, if you are going to buy property in Costa Rica never use the seller's attorney. If you don't take anything from this blog but this simple piece of advice, please take it. You want an attorney who is representing only you in your real estate purchase. An attorney who will look out for your best interests, who will do all the necessary due diligence and not rubber stamp it just because his relationship with the seller or his realtor. Most attorneys that work for the seller/realtor have a financial interest in the successful outcome of the sale. This not to say the seller's attorney is dishonest, I'm just saying that he has a vested interest to see things the way the seller/realtor sees them and not your interests. You want an attorney who you know will do the the real work, the due diligence, the title search, and explain in English exactly what is in the sales and purchase agreement as well as exactly what you are buying. For example, if you bring an attorney a piece of property that you are interested in purchasing for a check, will just go on the internet and look at the title and base their recommendation solely on what the internet says. (you can do this yourself by going to
http://www.registronacional.go.cr/ ) If there is no negative information listed the attorney will recommend that you purchase it without delay. The problem with information on the internet is that many times it is not accurate or is stale. But a competent attorney will actually go or send someone down to the National Registry of Costa Rica that house property records, and look at all the documents relating to the property going back as far as he can in time, to insure that the property has no liens or other issues that could be problematic for you. This is especially important if the property is beach front property. Nonetheless any property that you have an interest in should be examined carefully the National Registry of Costa Rica and copied for future refence, not just checked on the internet. This brings up a point that needs to be discussed. The person the attorney sends to the National Registry of Costa Rica usually is a "runner" or a secretary employed by the attorney. They merely pick up copies of what the attorney wants and returns to the office. Many times when checking the records there are items that present "red flags" that lead to other inquiries that may have a bearing on clear and marketable title that the untrained eye will disregard. The attorneys we use send a private investigator who reads Spanish and is competent in the regulations here to review everything contained in the records and bring that to the attorney. There are a number of private investigators listed on the internet that offer services in Costa Rica. Some are aligned with attorneys some are not. Others are not physically located in Costa Rica and sub contractor to do the work. As with attorneys, care should be given in the selection of a private investigator. In todays economy everyone is looking to save money. However, the old adage, "you get what you pay" is particularly true with private investigators. The money you think you are saving by taking the best price often times winds up costing substantially more if the private investigator is not competent or lacks the background to accomplish the task. Thus I highly recommend that you ask around, and try to find someone who you know really knows what he is doing and verifies things very carefully. Someone who is not overwhelmed with work, and will give your purchase and your case the attention and time it deserves to insure everything is absolutely and without doubt, in perfect order for transferring the clear title to your name or the name of your corporation. If you follow these simple suggestions then you will diminish your exposure to an unpleasant and costly mistake when doing anything in Costa Rica.
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Cody L Gear and Associates is a charter member of CID and have been providing investigative services in Costa Rica and South America since 1997. We have the experience and education to deliver verifiable, quality information to our clients.
