Real Estate Law
A poorly executed property sale shows up years later — when a hidden lien appears, a neighbor with a competing title, or half a million quetzales of unpaid property tax. We handle registry due diligence, deed drafting and the entire real estate cycle so your investment doesn't turn into litigation.
When clients reach out
We review the property's registry status, verify the seller, calculate taxes and fees, and draft the deed. We explain in plain language what you're signing and what you'll actually pay — including 12% VAT on first sales or the 3% Stamp Tax on resales.
Project legal structure, condominium regimes, co-ownership bylaws, promise-of-sale contracts with buyers, allocation deeds, subdivisions and lot mergers. We work with residential and commercial developers.
Lease agreements that protect you: rent escalation clauses, guarantees, repairs, early termination, purchase options. The difference between a poor and well-drafted lease is hundreds of thousands when conflict arises.
Eviction of delinquent tenants, lease termination, recovery of guarantees, eviction lawsuits. We give you an honest assessment of timing and likelihood before starting.
Foreigners can buy with few restrictions (we verify the zone). We assist in obtaining NIT, opening a bank account, conducting due diligence and signing — even by power of attorney if you can't travel. See also our blog on foreigners doing business in Guatemala.
Registry errors, overlaps with neighboring properties, double inscriptions, outdated records. We diagnose and design a correction plan. Some cases resolve administratively, others require court proceedings.
Real estate services
Applicable framework
How we work
You tell us the property, the parties, the agreed price and any conditions (bank financing, mortgage to cancel, condominium regime). We define schedule and fees.
Day 1We obtain Property Registry certifications, verify liens, mortgages, attachments, annotations. We review IUSI status, plans, municipal licenses. You receive a written report.
Days 2–712% VAT (first sale) or 3% Stamp Tax (resale), notary fees, registry fees, pending IUSI. Detailed liquidation before signing — no surprises.
Days 5–8We draft the document, send it for your review, make adjustments and coordinate signing with the other party. If a bank is involved, we coordinate with their legal counsel.
Days 8–12Signing before notary at our office or on-site. We issue the testimonio especial and handle tax and fee payment with the SAT.
Day 12Filing, follow-up and resolution of any observations until final registration in your name.
Weeks 2–8Reference fees
Indicative costs for real estate transactions in Guatemala. We provide a detailed quote once we review the property data.
1.5% – 3% of value
Includes legal fees + due diligence + deed + tax filing + registry filing.
from Q2,500
Registry, fiscal and municipal review without commitment to purchase.
from Q2,000
Preparatory contract. Credited toward the final deed fee.
1% of amount
When independent of a sale. Minimum Q2,500.
from Q1,500
Residential or commercial, custom-drafted.
quoted
Property recovery for default or termination. Quoted after lease review.
Fees do not include 12% VAT / 3% Stamp Tax, registry fees, IUSI or third-party costs (appraiser, surveyor).
FAQs
If it is a first sale from the developer (new property), 12% VAT applies on the sale price. If it is a subsequent transfer (private to private), a 3% Stamp Tax applies. Notary fees (1.5–3%), property registry fees and any unpaid IUSI (property tax) are added on top.
It is a complete review of the property before signing: registry status, liens, mortgages, attachments, IUSI status, easements, plans, municipal licenses, actual possession. It tells you whether what you are buying really is what it appears to be.
Standard processing: 4 to 8 weeks. Depends on the Registry's caseload and whether the file has no observations. We follow up continuously and resolve any observations.
Yes. Foreigners can acquire real estate with very few restrictions (some border and coastal zones have special rules). We help with NIT registration, opening a bank account, due diligence and signing — even by power of attorney if you cannot travel.
Yes, with coordination from the lender bank. Standard practice: buyer pays the seller in two parts — one part directly to the bank to cancel the mortgage, the rest to the seller. A single deed is signed with simultaneous mortgage cancellation and sale.
IUSI follows the property — arrears at the time of sale pass to the new owner unless agreed otherwise. We always require IUSI clearance before signing, or the pending amount is deducted from the price.
A promise of sale is a preparatory contract — parties agree to execute the final deed in the future when conditions are met (loan approval, construction completion, lifting of liens). The sale itself is the definitive transfer. Promises are common for pre-construction or conditional deals.