FAQ

1. Can foreigners legally own property in Guatemala?

Yes — foreigners have the same property rights as Guatemalan citizens. You can buy and register land in your name without a Guatemalan

partner or company, except for maritime and border zones (within 15 km of international borders or coasts, which does not include Lake Atitlán).
Ownership is secured through a public deed (escritura pública) and registered in the national property registry (Registro General de la Propiedad).

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 2. How can I verify that the seller truly owns the property?

Ask the seller for:

• The escritura pública (deed)

• The current property registry extract (Certificación Registral) from the Registro General de la Propiedad

• The cadastral map (mapa catastral) showing property boundaries

Then, have a Guatemalan notario abogado (a licensed notary-lawyer) verify:

• Legal title

• Ownership history

• No liens, debts, or boundary disputes

Never proceed without independent verification.

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3. How are property prices negotiated with a private seller?

Property prices around Lake Atitlán are not standardized, and there’s no MLS (Multiple Listing Service). Prices are based on:

• Location (village access, view, waterfront)

• Land size and access to water/electricity

• Title clarity (registered vs. “possession rights”)

 Having a local lawyer or bilingual representative helps ensure fair negotiation and translation accuracy in the contract.

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4. What are the steps to complete the purchase legally?

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1. Hire a notario abogado to draft or review the contract.

2. Sign a preliminary purchase agreement (if applicable).

3. Pay a deposit (often 10%, held in escrow or directly with the notary).

4. Due diligence: verify title, boundaries, taxes, and utilities.

5. Sign the escritura pública before a notary.

6. Pay taxes and registration fees (usually 3–5% total).

7. The notary registers the deed with the national registry and provides an official copy.

 

5. What taxes and fees do I pay as the buyer?

Typical costs include:

• Transfer tax (Impuesto de Timbres Fiscales): 3% of declared value

• Registration fees: ~1%

• Notary fees: 1–2% (negotiable)

• Municipal property tax (IUSI): paid annually, based on property size/value

• Optional: attorney or translator services

It’s common for sellers to undervalue properties on paper to reduce taxes, but this can cause issues later for resale or proving investment value. Always record the true sale price.

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6. What’s the difference between titled land and possession rights?

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• Titled land (tierra titulada):
  Fully registered, secure ownership that can be verified at the Registro General de la Propiedad.

• Possession rights (derechos de posesión):
  Common in Guatemala, especially near the lake. The holder occupies the land but lacks full legal title.
  ⚠️ Foreigners cannot register possession rights under their name — you can only hold through a local corporation or trusted local. It’s risky unless you plan to formalize and title it legally.

 

7. What should I know about utilities, access, and local regulations?

Ask the seller to clarify:

• Access rights: Is there a registered right of way (servidumbre de paso)?

• Utilities: Water source (municipal, private, or lake), electricity connection, internet availability.

• Zoning or protected areas: Some lakefront or steep-slope lands are in protected ecological zones.

• Septic systems & environmental laws: Lake Atitlán has strict waste management regulations — noncompliance can result in fines.

 

✅ Pro Tip:

Always work with:

• A local bilingual notario abogado familiar with foreign buyers

• Optionally, a trusted local real estate consultant who knows the village (San Marcos, San Juan, Santa Cruz, etc.)

• Never pay in full until the deed is signed and registered.