La idea de esta reforma es que el proceso expedito puede utilizarse en aquellos casos en que:

– Se venza el plazo del contrato.

– Se incumplan las clausulas del contrato.

– y sobre todo se de la falta de pago, tanto de la mensualidad como de las cuotas del condominio y o de los servicios públicos.

Otra novedad se da en el sentido que el Juez al ordenar el desahucio, puede a la vez, ordenar la retención preventiva de los bienes del demandado. Muchas veces con las anteriores reglas, el inquilino ademas de “vivir gratis” por meses, podía irse con menaje casa y era casi imposible para el dueño recuperar los alquileres que no le fueron pagados.

Esta reforma viene a equilibrar y mejorar la posición de los propietarios de comercios y casas de habitación en alquiler.

Todo dependerá ahora de como o cuan rápido los Juzgados tramiten y resuelvan los procesos.

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Reading the news here in Costa Rica today I found news like this: “Oficenters (commercial real estate) is not in crisis” or “translational companies are still investing in Costa Rica more than $144k”. these news gives me more reasons to think is time to invest in Commercial Business in Costa Rica.

If you analyzed both news, you have everything you need: Clients looking for an specific product (offices space), and products to sell (commercial buildings).

 There are many many areas around down town, near of the international Airport, with all services around, on sale, is just to see what are the transnational companies looking for and you can make money.

We have been helping companies to start their operations in Costa Rica, and is clear at this time all of them are paying rent every month, basically paying for location.  Investing in Costa Rica, is secure and the Constitutional Rules gives the same rights to foreigners, the prices of the products are low, so is a good time to buy and build.

Again, we are sure it is time to go ahead and see Costa Rica as a good destiny to be protected from the crisis, is just to consider buy and build here, or moves funds from your Self-Directed IRA. 

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1. This tax is handle by the local government where the property is locate.
2. In case a person has a sole property,  can apply for an exemption. this exemption if for 45 minimum salaries. The tax should be paid for the excess of that amount. Around $20.000. In fact is possible to ask for an exemption for previous year (up to 5 years).
3. The tax debtors are:

• The owner of the property, 
• the Owner of a  “right of use” in the Maritime Zone, registered in the Local Government.
• the Concessioner in the Maritime Zone. 

     4. The amount or price used to define the Tax, is the price registered on the Local Government on the january 1st of the year where the tax should be paid.

     5. The owner of the property should complete a declaration about the value of the property at least every 5 years. Most of Local Government has a forms to fulfill.  

• The local Government appraise the properties in the area where your property is locate at least every 5 years.  
• The local government can appraise your property one time every 5 years. 
• If a property has a (new) mortgage, a Option Purchase or any other contract registered, then the Local Government can use the amount of the mortgage as the new price of the property.
• if the property has more than one Mortgage, then they sum of all amounts of these mortgages.
• The price given by the owner in the value declaration. (if the amount is higher than the price registered)

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But,  remember, this technology is new or at least has been using in the Public Registry in the last 5 or 7 years, then, where and how are the old records?, and how important are to take in consideration in a purchase process.

Well, the history or the past of the properties are or may be in Books, with handwriting records,  books called “Tomos”, so if you need to know when the property was created, how many owners had, how the actual seller get the property, if had annotations for civil or criminal process, is needed to do a due diligence, reading many tomos, and be really careful in order to find all the paths.

Then, the point is be sure that all transfer deed made in the past were according with the law, the are some hints that can alert you about a fraud.

In case of the Mortgages, liens and annotations , be sure that all of them were cancelled by the lenders,  remember, all those records are handwriting!!

Limitations: when a property is register in the new system (digital), a brief explanation about its kind is made, and some times is really important find the root of this annotation. this is a good example how important to follow a good due diligence.

in your next purchase, be sure that a good due diligence is made, and ask for all the records!

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