The Special Power of Attorney in Costa Rica

The SPECIAL POWER OF ATTORNEY (SPA):

This is a SPECIAL, SPECIFIC & UNIQUE document that authorizes a person (or corporation) to act on behalf of another to perform specific and special actions such as purchase of a property. This tool is especially useful for clients that wish to close on their property without returning to Costa Rica. It is best to sign the SPA before leaving the country because the law requires this SPA to be signed in the presence of a Costa Rican Notary Public. Otherwise, a visit to a Costa Rican Consulate in the US (or another foreign country) will be necessary, or the Notary Public will have to go the residence country of the one granting the SPA. One exception to this rule, however, is if the property is being purchased through a corporation. In this case, a signed proxy letter will be sufficient and there is no need to visit a consulate. The Special Power of Attorneys can work both ways, for the Seller and the Buyer, no matter if such parties are persons or corporations. Important rule for the Special Power of Attorney: by law, the SPA is a document for a specific act, then, has to be drafted very carefully, and in case of being used for a Real Estate Transaction, it has to be very complete regarding Purchase Price and details of the Property, moreover, has to be drafted by a Notary and recorded in his Book of Deeds. No “private” documents are valid in this matter.