Almost every Costa Rica property purchase mentions a notario público, and almost every foreign buyer assumes it's the local version of the notary they've used to witness a signature back home. It isn't. The role carries far more legal weight here, and understanding what it actually covers helps explain why the notario's fee is one of the biggest line items on your closing statement.
A Notario Is Not the Same as a US or Canadian Notary
In the US or Canada, a notary public typically just confirms your identity and witnesses a signature, a formality that takes a few minutes and costs a few dollars. Costa Rica follows the civil-law tradition, where the notario público is a practicing attorney who has been granted additional notarial authority by the state. That distinction matters because it means the person drafting your deed is legally accountable for its accuracy, not just for confirming who signed it.
What the Notario Actually Does in a Property Purchase
The notario drafts the transfer deed (the escritura), reviews the property's registered status at the National Registry, confirms there are no outstanding liens, and files the deed for registration once signed. They're also responsible for calculating and remitting the transfer tax and registration stamps to the government on the buyer's behalf. In practice, the notario is the person who makes the transfer of ownership legally real.
Can the Notario Also Be Your Attorney?
Sometimes, but it's worth understanding the difference between the two roles. The notario's job is to execute the transaction correctly and neutrally, not necessarily to advocate for either side. Many buyers, particularly on larger purchases, retain a separate attorney for due diligence and negotiation, while a notario (sometimes the same person wearing a different hat, sometimes someone else entirely) handles the deed itself.
How Notario Fees Are Typically Structured
Notario fees are commonly set as a percentage of the transaction value, often in the 1-1.5% range, though the exact structure can vary by transaction size and complexity. This fee is separate from the property transfer tax itself and from any additional due diligence work your own attorney might bill separately.
Choosing the Right Notario
Look for a notario with specific experience in real estate closings involving foreign buyers, not just general notarial work. A good notario will walk you through each document before you sign, explain what's being registered and why, and give you a clear, itemized breakdown of their fee rather than a single lump sum.
Frequently Asked Questions
Is a notario público in Costa Rica the same as a notary in the US or Canada?
No. A US or Canadian notary mainly witnesses signatures. A Costa Rican notario público is a licensed attorney who also drafts the deed, verifies title, and registers the transaction with the National Registry, a role closer to a real estate closing attorney than a notary.
Do I need my own attorney if the notario is already handling the closing?
It's common and often recommended, especially for due diligence that goes beyond what the closing notario is responsible for. Many buyers retain a separate attorney to review title and represent their interests independently, particularly on larger purchases.
Who chooses the notario in a Costa Rica property purchase?
There's no fixed rule, it's negotiated between the parties and often specified in the purchase agreement. Some buyers use a notario recommended by their agent or attorney; others bring their own.
