Buying Property in Colombia: Key Points

We know that buying a property in another country can be quite scary, especially if you don’t speak the language and are not familiar with the local law. But don’t worry, we are here to help.

If you are interested in Colombian real estate, there are a few key points that you should know about how to buy a house in Colombia. Here, we will explain the most important legal aspects -or steps- you should keep in mind.

Understanding Risks and Protections

Often, foreign buyers are scared they are going to get “scammed”. The first thing you must know is that every real estate transaction has its risks, but in Colombia, there are also many protections for both Colombian and foreign buyers. In fact, both Colombians and foreigners have the same property rights, which are some of the strongest in all of Latin America.

Still, one of the key aspects of a successful real estate purchase is getting expert legal advice and a proper due diligence process. If you are interested in having professional legal counsel, at Colombia Law Group, we are here to guide you.

Four Things You Need to Know About Buying Property in Colombia

1. Get to know what you are buying

So the exciting searching stage is over, and you’ve encountered the ideal property in Colombia. What to do now?

The next step is to carry out a title search to make sure that you are dealing with the actual owner of the property. You also need to verify that it doesn’t have any mortgages or legal actions that could compromise its sale.

In order to do this, you need a “certificado de libertad”. This is an ownership history and no-lien certificate that your lawyer in Colombia can get for you. It is a public document that records the entire history of the property that you want to buy, including its current owner, mortgages, previous negotiations, legal limitations, and other relevant information.

This document can be gained by your lawyer with the “matricula Inmobiliaria”, or real estate registration. This is the property’s identification number.

With these documents, we can find the property title (in Spanish, “escritura publica”), which details the transactions the property has undergone over the years.

Once you and your attorney finish these title study requirements, and your lawyer is happy with the findings, you’re ready to move forward.

2. Make things formal

In a way, buying a property is like getting married. So, if the first stage is getting to know the person you like -the property, in this case-, the second part is to actually propose.

Before actually buying the property, both you -the buyer- and the other party -the seller- need to “guarantee” that you both are going to follow through with your responsibilities.

In Colombia, we know the document that we use for this process as “promesa de compraventa”, in English: the promise of sale or purchase agreement.

This contract creates the legal obligation for both parties to comply. Although it doesn’t require to be signed by a public notary, this document is vital to ensure the transaction goes on smoothly.

The purchase agreement includes several aspects, like:

• The identification of the parties and the aim of the transaction
• The terms for payment, as well as the amounts
• Fees, taxes, and other payments
• Penalties for failure to comply for both the buyer and the seller
• Other legal aspects

If both parties agree, you can change the legal obligations that are established in this contract through a process called “otro si”. This is an attachment to the original contract, which clarifies, adds, and/or changes the initial conditions established in the agreement. This is much easier than developing a new contract from scratch.

One of the most important aspects of this document is that it outlines the down payment or advance payment for the property. This percentage can vary in each case, but it is typically about 10% to 20% of the total price. However, if there is a current mortgage, this amount can be as high as the needed sum to satisfy the debt.

Another important aspect that is outlined in the contract is the penalty clauses. These can apply to both the buyer and the seller if they don’t comply with the terms established in the contract. The penalties to pay are usually a percentage of the total value, which can vary in each case.

3. Close the deal properly

In keeping with the “marriage” analogy, the next step would be to plan the wedding.

As in real weddings, this closing process can be very different in each case. Some processes can be as short as a few days, while others can take up to several years (although none of these extremes are common).

The time it takes to close the deal depends on various factors, like if there’s a mortgage on the property. Typically, the closing process takes about two to three weeks. Meanwhile, your property lawyer will work to get all the necessary documents so we can transfer the property title.

These are some of the paperwork that your lawyer will get to finish this process (when applicable):

• A certificate that verifies that the current owner of the property doesn’t owe any payments to the HOA or condo board (in Spanish: Paz y salvo de administración).
• A document that certifies the payment of special municipal taxes (Paz y salvo de valorización).
• A certificate of payment of regular municipal property tax. The seller has to pay for the entire year before the sale is completed. This document is called a “Paz y salvo de catastro”.
• The property’s rules or “Reglamento de propiedad horizontal”. The Notary uses this document to record the title transfer and all relevant information.
• Mortgage cancellation (in Spanish: “Levantamiento de hipoteca”). It is used when there is a debt on a property. This document confirms that the property is free of mortgages, and the bank issues it.

To buy a property in Colombia, you’ll need to pay notary and legal costs.

Notary fees are:

• The registry of the title, which is 0.5% of the wholesale price.
• The state tax, which is 0.525% of the total value.
• Fees for notary paperwork, which differ depending on the notary.

There could be additional payments if there are complications during the process. However, this is very rare.

4. The big day

Finally, after both you and the seller have paid all the fees and complied with all the formalities, it’s time to “tie the knot”: to register the title.

This process takes place at the Oficina de Registro de Instrumentos Públicos, the government office responsible for the registration of properties in Colombia.

This registration process usually takes about 10 business days to be completed. After the title registration is done, your attorney will get you the updated ownership history and no-lien certificate, stating that you are now the proud owner of the property.

Now you can enjoy your new home or investment property!

So, how to buy a house in Colombia?

As you can see, the Colombian real estate buying process involves several steps and formalities. However, this can be very easy if you have a talented lawyer in Colombia to guide you throughout the process.

Remember, if you need legal assistance to buy real estate in Colombia, at Colombia Law Group we are experts in real estate law. We’ll be happy to help you achieve your plans.