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	<title>Costa Rica Real Estate Informations &#187; Costa Rica Law</title>
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		<title>Real Estate Law &#8211; Real Estate in Costa Rica</title>
		<link>http://www.costaricarealestate24.com/costa-rica-law/real-estate-law-real-estate-in-costa-rica/</link>
		<comments>http://www.costaricarealestate24.com/costa-rica-law/real-estate-law-real-estate-in-costa-rica/#comments</comments>
		<pubDate>Fri, 12 Jun 2009 22:35:51 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Costa Rica Law]]></category>

		<guid isPermaLink="false">http://www.costaricarealestate24.com/?p=40</guid>
		<description><![CDATA[A lot of companies in Costa Rica has focused on legal assistance to companies that are already in operation as well as those that desire to be established in Costa Rica, as well as investors who desire to purchase properties in Costa Rica.  A exclusive service for the “legal local establishment” gives a unique and [...]]]></description>
			<content:encoded><![CDATA[<p>A lot of companies in Costa Rica has focused on legal assistance to companies that are already in operation as well as those that desire to be established in Costa Rica, as well as investors who desire to purchase properties in Costa Rica.  A exclusive service for the “legal local establishment” gives a unique and excellent legal and commercial experience in everything related to needs and procedures that must be followed by those who invest in properties in our country.<span id="more-40"></span> Our lawyers have excellent experience in Costa Rican corporate and <a href="http://www.encuentra24.com/costa-rica/index.php/real-estate-tips/costa-rica-real-estate-law">real estate law</a> and can offer legal support in these specific areas.  Our assistence structure contains opinions on areas such as: laws, taxes, accounting, which offers a complete support in legal areas.<br />
The range of services covers:<br />
Escrow Agreements, Due Diligence, Purchase Options, Transfer Writings, Rental Contracts<br />
<strong>Escrow Agreements: </strong> The decision to buy real estate is a big one, and we as lawyers know that sometimes if you are purchasing in a place that is not your place of origin the decision to tranfer funds to strangers can become quite difficult.  Having the knowledge that we can offer a 100% secure escrow service to our clients using one of the most famous companies in the world for matters of title guarantees for properties, Title Company, no matter what happens previous to the closing or during the proceedings, your funds are in good hands and only if everything is 100% safe according to the law and your expectations, the funds will be transferred to the seller and the property will finally be transferred to the buyer.<br />
<strong>Due Diligence:</strong> Costa Rica has one of the safest Public Registries in the area, with excellent technological support, but nevertheless this does not guarantee for the lawyers and the buyers that the property that they are looking to purchase is in optimal legal condition.  Our firm for many years has performed due diligence on properties, and after all of these years, we have created a complete list with many areas to cover, for example: the last ten years of the history of the property, chain of ownership, <a href="http://www.costaricarealestatevisa.com/guidelines-to-property-ownership-in-costa-rica">property</a> taxes, registries of encumbrances, annotations, claims, variations in property registry maps; we also analyze the seller, his history, when he bought the property, etc.  The final report demonstrates a complete scenario of what the client is looking to buy.<br />
<strong>Purchase Option:</strong> We give complete support during the process of negotiation until the signing of the option contract.  In this case of processes or agreements, our lawyers concern themselves with performing the process of due diligence on the property, trying to give the potential buyer the complete information around all legal areas that will affect the purchase of the real estate.  The preceeding includes areas such as taxes, annotations, encumbrances, chain of ownership, generally covering the past ten years.  In our daily life of law we have managed to observe that the seller pressures the signing of an option with the least possible time, and in many cases this makes the buyer hurry and eventually causes conflicts.  Keeping that in mind, we work from the legal point of view and we counsel general questions so that the agreement remains in legal margins.<br />
<strong>Transfer Writings: </strong> Once all of the required proceedings show that everything is legal and everything is in line with the expectation of the buyer, the transfer writing involves a very important decision to take.  Usually, the lawyere only transfer the property to the client following his instructions, but the decision must be taken taking into consideration the benefits, and future pros and cons.  The lawyers also must take into consideration the reason for which the client is buying the property and the use that he will give it.  Once again the impacts from the point of view of taxes must be taken into consideration if the the property is acquired as a real estate asset or as part of a commercial business.</p>
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		<title>Guaranty Trust &#8211; Costa Rica</title>
		<link>http://www.costaricarealestate24.com/costa-rica-law/guaranty-trust-costa-rica/</link>
		<comments>http://www.costaricarealestate24.com/costa-rica-law/guaranty-trust-costa-rica/#comments</comments>
		<pubDate>Tue, 26 May 2009 01:14:30 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Costa Rica Law]]></category>
		<category><![CDATA[law]]></category>

		<guid isPermaLink="false">http://www.costaricarealestate24.com/?p=35</guid>
		<description><![CDATA[One of the modern figures of contracting is without doubt the Trust, the opening with which parties can reach agrement, the low registry cost and the security that it offers make it one of the figures of most interest currently.
There are various types of trusts: testamentary, guaranty, shares, administrative, etc.
Here I have undertaken the task [...]]]></description>
			<content:encoded><![CDATA[<p>One of the modern figures of contracting is without doubt the Trust, the opening with which parties can reach agrement, the low registry cost and the security that it offers make it one of the figures of most interest currently.</p>
<p>There are various types of trusts: testamentary, guaranty, shares, administrative, etc.<br />
Here I have undertaken the task of explaining in a simple manner one of the most commonly used:</p>
<p><strong>The Guaranty Trust</strong><br />
•    Transmission of property for the obtaining of a determined end that justifies the normal faculties of the “owner” be subordinated to the terms and obligations contained in the contract.<br />
The norm would be to sign a mortgage for the amount that the buyer has left to pay, nevertheless, this has serious implications for both parties for which the contract of trust takes the same effect, without the secondary effects of a mortgage.<br />
<strong>Subjects:</strong><br />
- Trustor: The party that has the intent of selling (the seller).<br />
-Trustee: Thir party who has in his power the property during the length of the contract.  A bank or a trust third party<br />
-Beneficiary: The beneficiary (buyer).<br />
TRUSTOR: Person who transfers the properties of his personal assets, in fiduciary property. In the example, it would be the seller.<br />
BENEFICIARY: Person for whose benefit the trust is constituted, obliging the trustee to turn over the properties at the moment that the contract establishes.  This would be in the seller in the example.<br />
TRUSTEE: Has a restricted right to the property destined exclusively to the end foreseen in the contract (transfer of the property at the moment of completion of the contract).  Trusted third party who will have the property registered in his name during the period of the contract.<br />
Principal function of the trustee: Administration of the property for the benefit of the trustor and beneficiary.  Responsibilities of father of household with own property.<br />
A neutral and impartial figure.<br />
Gives accounts of this management.<br />
Follows instructions according to the contract without interpreting it.<br />
Can not dispose of the property (sell, mortgage or put a lien on it).</p>
<p><strong>Autonomous Personal Assets</strong><br />
•    Separated from the assets of any other subject.<br />
It is untouchable and can&#8217;t be interevened with judicially even in the case of bankruptcy.<br />
During the period of the contract the property would belong to the trust.</p>
<p><strong>Advantages:</strong><br />
•    Avoids for the creditor in case of non-fulfilment by the debtor, the thorny judicial execution that must be had in the case of traditional guarantees. (Auction).<br />
In case of disagreement it signals beforehand that all conflict will be resolved via arbitration.<br />
Reduction of costs: exempt from payments of rights of registration and registration taxes as long as the properties remain in the trust or return to the trustor.<br />
<strong> To Be Considered:</strong><br />
In those cases in which the buyer of the property can not pay the entire totality of the price, instead of establishing a mortgage for the remainder, subscribes to a trust contract, to the effect that until the buyer hasn&#8217;t paid the totality the property will not be transferred to his name.<br />
It is here where the trust contract lends ittself to adjustments for the contractual reality, incorporating clauses such as:<br />
•    The estate remains in the hands of the trustor (buyer) as holder assuming the obligations of a depository, which is translated in a position of “owner”, for which he assumes rights to “productive use and user”.<br />
The trustor takes advantage of the fruits of the estate and participates actively and unilaterally in its administration, management, and exploitation.<br />
The trustee supervises to prevent damage.<br />
Property taxes are still paid by the trustor.<br />
The possession of the property is obtained by the “buyers” until the entirety of the payments has been achieved.<br />
In case of non-fulfilment, all previous payments are property of the seller, without any arrangements.<br />
The management of permits is managed by the buyer without alleging nullification by the inability to acquire one.<br />
All of this without it being necessary to establish a mortgage on the property, which carries along with it from the point of view of taxes an increase in the fiscal value of the property and the resulting increase in the payment of taxes on the property.</p>
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