Real Estate in Costa Rica
The number of real estate projects in mountains of Costa Rica increases daily . Residential urbanizations, mountain properties, tourist complexes, condo-hotels, and large projects of condominiums are just a few examples of such phenomenon. As a matter of fact, those companies that promote this kind of expansion have found a very interesting market niche: the selling of mountain properties (lots, houses, villas or apartments), which bears a series of additional benefits, like controlled access, security, common recreational areas, swimming pools, tennis and golf courts; beautiful landscapes, in brief, a number of goods and services that become handy when acquiring a mountain property.
This type of projects are aimed to a very special market: those foreigners who want to invest in this country by purchasing a piece of mountain land or a house in the mountain that will not only contribute to his recreation, but will also produce added values, and even become a source of income. Undoubtedly, the acquisition of these complexes may be more onerous, but deal with several benefits which will hardly be present in the case of common mountain property. These advantages provide this kind of mountain property with a special appeal.
Nevertheless, it is not always as good as it seems. Many times, buyers have been involved in awkward situations: they have acquired one or several mountain properties within a complex or developing urbanization, which was not finished or finished deficiently and in many cases, not even in compliance with the law. In this way, the investor has a property, but not the complex, not was offered to him, not what he really intended to purchase. How frustrating!
Since the promulgation of the “Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor” (law that promotes the effective defense of consumer rights), in 1995, these and many other questions have been answered. That frustrated consumer has begun to see a light at the end of the tunnel.
This law creates the “Comisión Nacional del Consumidor”, CNC (National Consumer’s Commission), entity of maximum decentralization of the “Ministerio de Economía, Industria y Comercio” (Department of Economy, Industry and Commerce). This is an gourp of administrative power formed by three proprietor members and three substitute members, which have knowledge of and solve the conflicts that raise between vendors and consumers, as a result of the consumption relationship they sustain. In this way, when a consumer is unsatisfied because the conditions established in the contract have not been fulfilled, the guarantee has not been carried out, he has not been given clear and veracious information.
The consumer in the Real Estate mountain in Costa rica not are excluded from this possibility. As a matter of fact, when a mountain property is acquired in a vendor-consumer relationship, the latter is affected and can come before the CNC. However, not everyone is qualified to do so, not anytime he wants or for any reason. Therefore, the requirements established by the law must be met. Probably, the most important element to consider before approaching this organization is to determine who the vendor is. The defendant must be a regular real estate dealer. This is the reason why we have approached the issue of urbanizations, condominiums and complexes, in general. In this way, a non-regular dealer is not considered by the CNC as a vendor and therefore, cannot be sued.
Probably, the most important element to consider before approaching this organization is to determine who the vendor is. The defendant must be a regular real estate dealer. This is the reason why we have approached the issue of urbanizations, condominiums and complexes, in general. In this way, a non-regular dealer is not considered by the CNC as a vendor and therefore, cannot be sued.
Finally, a series of formal and evidential requirements must be fulfilled: defendant’s and plaintiff’s name and IDs and the addresses where to locate them, the reason behind the accusation, which deed must be typified in the law and turn in all the documents or witnesses that could support his version.
Nowadays, the consumer of real estate mountains properties in Costa Rica is much more protected. Not only does he have the right to approach the Courts, but as mentioned before, is allowed to approach the CNC as well. For this reason, he must know about his rights, those conferred to him by the Law and use them wisely.
