A Costa Rica property purchase can look settled long before its legal risks have been identified. The listing may be persuasive, the seller may appear cooperative, and a purchase and sale agreement may arrive with a request for a quick deposit. Those are precisely the circumstances in which what questions should you ask before hiring a property lawyer? becomes a practical capital-protection question, not a formality.
For an international buyer, the right lawyer should be able to explain what will be verified, what will not be verified without additional work, who the lawyer represents, and when legal review must occur. The best time to ask is before signing a PSA, delivering a reservation payment, authorizing escrow instructions, or sharing funds with a seller or intermediary.
Questions to ask before hiring a property lawyer in Costa Rica
Start with the lawyer’s role in your specific transaction. A lawyer can prepare documents, act as a Notary Public for a transfer, represent the seller, represent the buyer, or perform some combination of these roles. Those functions are not interchangeable.
Ask directly: Will you represent me as the buyer, and will you identify any actual or potential conflict of interest? A seller, developer, broker, lender, or closing agent may recommend counsel they use regularly. That relationship does not automatically mean the lawyer cannot represent you, but it does require clarity. Buyer-focused representation means the lawyer’s legal judgment, due diligence, contract advice, and transaction recommendations are directed to your interests.
Also ask who will perform the work and be your day-to-day contact. International clients need clear English communication, but they also need access to the attorney responsible for legal decisions. Confirm how significant issues will be reported, whether advice will be given in writing, and how quickly the lawyer expects to respond when a PSA deadline or escrow release is pending.
What experience do you have with this type of property?
“Real estate experience” is too broad a description for a meaningful decision. A condominium in an established project, development land, a commercial building, a luxury home held through a corporation, and property near the coast can raise very different questions.
Ask the attorney whether their practice includes buyer-side acquisitions involving the same category of property and transaction structure. For example, a buyer of development land should want a discussion of legal access, cadastral plans, land-use considerations, water availability, and whether the intended project requires further technical, environmental, municipal, or other review. A condominium buyer should want the condominium regime, recorded rules, assessments, common-area obligations, and project documentation examined as relevant to the transaction.
Coastal property deserves especially careful questions. Some properties are privately titled; others may involve concession rights or land subject to a different legal regime. Do not assume that a view, a beach-adjacent location, or a familiar sales description establishes the nature of the right being acquired. Ask the lawyer how the property’s status will be determined and whether ownership or use restrictions could affect your intended acquisition, holding structure, or future transfer.
What due diligence will you perform, specifically?
This is often the most revealing question. “We will check title” is not a complete answer. Ask for a practical description of the review and the documents or public records it will involve.
For a titled property, a buyer’s attorney will generally need to examine the National Registry information associated with the property, including the folio real record, to assess the registered owner, recorded liens, annotations, easements, restrictions, and other entries that may affect title or transfer. The cadastral plan should also be reviewed in relation to the registered property information. A registry review is essential, but it is not the same as a physical inspection, survey confirmation, zoning opinion, construction review, or environmental analysis.
That distinction matters. A property can appear clean in the registry and still present practical issues involving access, boundaries, occupation, roads, utilities, permits, water, or its suitability for your planned use. Ask the lawyer which risks are included in the legal due diligence, which require reports from surveyors, engineers, architects, environmental consultants, or other professionals, and who will coordinate those inquiries.
If the seller is a corporation, ask whether the review includes the company’s legal authority to sell. The attorney should consider the corporate record, current representation authority, and the approvals or signatures necessary for the transaction. If you are buying the corporation rather than the property itself, the inquiry becomes materially broader. You are not simply acquiring land or a home; you may be acquiring a legal entity with historical obligations, records, assets, and potential liabilities. That structure should never be treated as a shortcut around ordinary due diligence.
How will you review the purchase and sale agreement?
A PSA allocates risk before closing. It should be reviewed before you sign it, not after a deposit has become difficult to recover.
Ask the lawyer to explain the conditions that must be satisfied before your funds become nonrefundable or are released. Depending on the transaction, those conditions may address acceptable due diligence results, title and registry status, corporate authority, financing if applicable, delivery of defined documents, possession, repairs, permits, condominium matters, or other negotiated requirements.
The central question is not whether the agreement contains a due diligence clause. Ask: What happens if the due diligence identifies a problem, and what written remedy do I have? Vague language can leave a buyer arguing over whether a defect is material, whether a deadline was met, or whether a deposit may be retained.
Your lawyer should also explain default provisions, closing deadlines, extension rights, representations made by the seller, allocation of closing costs, possession arrangements, and the consequences if registry or document issues delay the transfer. A contract may be commercially acceptable even if it is not ideal. The value of good counsel is candid advice about the trade-offs and the points worth negotiating before you commit capital.
Who will hold my deposit and how will escrow work?
Ask whether the proposed escrow arrangement is independent, what instructions will govern the account, and what written authorization is required before funds are released. You should understand the identity and role of every party handling transaction money.
Escrow does not replace due diligence, nor does it repair an unfavorable contract. It is a process for holding and releasing funds according to agreed instructions. Your lawyer should review those instructions alongside the PSA so that the release conditions, timing, currency arrangements, and closing mechanics are consistent.
Be cautious about sending a deposit based solely on informal emails, a broker’s assurance, or a document that has not been legally reviewed. International wires are difficult to unwind once released. Before sending funds, confirm the recipient, account details through an appropriate verification process, the governing escrow documents, and the contractual basis for the transfer.
Will you explain the Notary Public’s role at closing?
Costa Rican property transfers typically involve a Notary Public who formalizes the transfer deed for registration. This is an important function, but buyers should ask how the notarial role fits with independent legal representation.
Ask who will prepare and authorize the transfer deed, who will submit it for registration, and what must be checked before closing instructions are given. The deed must reflect the transaction accurately, but the broader buyer-protection work should already have addressed title, contract conditions, authority, funds, and required documentation.
You should also ask what the post-closing process will be. A transaction is not fully complete simply because a deed has been signed. Clarify how the filing will be monitored, how registration status will be communicated, what documents you will receive, and whether any corporate, condominium, municipal, or utility follow-up is expected.
How are fees, scope, and decisions documented?
Request a written engagement agreement or clear written confirmation of scope. It should identify the client, the property or transaction, the expected services, fee structure, disbursements, exclusions, and any work that may require separate authorization.
This is not merely an administrative step. It prevents a common misunderstanding: assuming a legal fee includes every investigation needed for a particular property. A title and contract review may be essential, yet a prudent purchase may also require a survey, technical inspection, engineering opinion, corporate review, or specialized regulatory analysis. Knowing the scope early allows you to make informed decisions about time, cost, and risk.
Ask one final question that often produces the most useful answer: Based on what you know now, what are the principal legal and transactional risks, and what information would change your recommendation? A careful lawyer will not promise that a property is risk-free. They should identify the known issues, the unanswered questions, and the steps required before you sign or wire funds.
For buyers who want disciplined legal review before committing to a Costa Rica acquisition, American Law Partners can assess the proposed transaction, PSA, title and registry information, ownership structure, escrow process, and closing path in clear English. The right conversation should happen while you still have choices.
