What must the promesa de compraventa contain?

It must be in writing and include the property, the price, the method of payment, the time limit and the conditions for signing the deed. It is worth reviewing the arras (earnest money), the time limits and the penalties for breach before signing.

Does the promesa de compraventa make me the owner?

No. The promesa binds the parties to enter into the sale, but ownership is not transferred by it: it is transferred by the escritura pública once it is duly registered.

Which clauses should be reviewed before signing?

The price and the method of payment, the time limit for executing the deed, the arras, the status of encumbrances, delivery of the property and the penalties for breach by either party.

When is the purchase of a property perfected?

The sale of real estate is made by escritura pública before a notary (article 1857 of the Código Civil), but you only become the owner when that deed is entered in the Oficina de Registro de Instrumentos Públicos (article 756 of the Código Civil). The deed alone is not enough.

What does the lawyer review at the notarial and registration stage?

That the deed faithfully reflects what was agreed, that the corresponding taxes and fees are paid, and that the registration is in order in the buyer's name, with no outstanding encumbrances.

Does the seller need to be up to date on support payments in order to sell?

When completing the sale of a property, the notary requires the certificate from the Registro de Deudores Alimentarios Morosos, REDAM, the register of delinquent support debtors (Ley 2097 de 2021). A delinquent support debtor faces restrictions on carrying out this type of transaction.

What legal risks should I avoid when buying?

Buying without an estudio de títulos; properties with falsa tradición (a defective chain of title), undisclosed encumbrances or attachments; impersonation of the seller; or assets in an estate whose partition has not been completed.

What costs does buying a property involve?

There are notarial fees, registration fees and beneficencia charges (a departmental levy) or taxes, which are usually shared between the parties as agreed. It is worth clarifying them in the promesa in order to avoid surprises.

What should I review if I buy with a mortgage loan?

The terms of the loan, the mortgage created in the bank's favor, the associated insurance policies, and the coordination of the disbursement dates with the signing of the deed.

Real Estate Lawyer in Colombia: Why Legal Review Matters

Why is it important to have an attorney in the purchase of a property?

Guide to Why is it important to have an attorney in the purchase of a property: key requirements, evidence, risks and when legal advice may be needed in Colombia.

Category Civil Law Published February 11, 2025 Updated May 29, 2026 Author Fabio Castro Forero

Purchase and Sale of Real EstateContractsReal Estate

Key functions of the lawyer in the purchase of a property

Having a lawyer when buying real estate protects the buyer at every stage of the transaction, from verifying the legal status of the property to the final entry in the registry.

Review of the property's legal status: Verifies that the property is free of mortgages, attachments or legal disputes.
Title search (estudio de títulos): Examines the property's history in order to detect possible irregularities. If the registry history needs to be extended beyond twenty years, the Oficina de Registro (public deeds registry office) issues a special certificate for that purpose (Ley 1579 de 2012, art. 69).
Contract advice: Drafts and reviews the purchase and sale agreements in order to protect the buyer's interests.
Handling of notarial and registry formalities: Coordinates the signing of the escritura pública (public deed) and its entry in the Oficina de Registro de Instrumentos Públicos.
Tax advice: Explains the taxes and costs associated with the transaction.

Mortgage loans and tax aspects

If the purchase is made through a mortgage loan, the lawyer reviews the terms and conditions of the loan closely in order to detect and avoid abusive clauses. The lawyer also advises on the taxes associated with acquiring the property:

Registration tax.
Property tax.
Withholding tax (retención en la fuente) in specific cases.

Stages of the purchase process with legal advice

Legal review of the property

Before formalizing any purchase commitment, the lawyer carries out legal due diligence in order to make sure the property has no legal problems. This includes requesting the Certificado de Tradición y Libertad (the property's title and encumbrance certificate), which shows the property's history and confirms who the legitimate owner is.

Abogada revisando la compraventa de un inmueble en Colombia

Statutory reference

The Certificado de Tradición y Libertad reproduces the legal situation of the property and, in computerized offices, is issued immediately (Ley 1579 de 2012, arts. 67 and 68). Its validity is limited to the date and time of the request (art. 72), so it is best to obtain it shortly before signing.

To confirm that the property does not have mortgages, liens or pending litigation.
Check that the property taxes and other contributions are up to date.
Verify that the property complies with the regulations of urban planning.

The promesa and the signing of the purchase and sale agreement

Before the deed, a promesa de compraventa (binding pre-sale agreement) is usually signed. The purchase and sale agreement must include the identification of the parties, a description of the property, the price and the method of payment, and penalty clauses for breach. The lawyer reviews every clause in order to make sure it is fair and protects the buyer.

Statutory reference

For the promesa to bind the parties, article 89 of Ley 153 de 1887 requires that it be in writing, that it set a time limit or a condition for the date of the final contract, and that the property be identified in such a way that only the transfer of title or the legal formalities remain in order to complete it.

Sentencia CSJ SC490-2024 — Corte Suprema de Justicia, Sala de Casación Civil, Agraria y Rural (M.P. Francisco Ternera Barrios)

In this case, several people signed a private agreement to formalize by escritura pública a community of ownership and possession over a property, but the document never specified on what legal basis that transfer would be made. The lower courts declared the absolute nullity of the promesa contract because the promised contract was left undetermined, and the Corte Suprema upheld that decision. The Court was emphatic that the underlying error was confusing the escritura pública (the instrument) with the legal act that had to be solemnized through it: it is not enough to promise to "record a deed"; the promesa must make clear which specific legal transaction that deed will document. CSJ SC490-2024 — the promised contract left undetermined.

Escritura pública and registration of the property

Once the sale has been agreed, it must be formalized before a notary's office by escritura pública. The lawyer coordinates the signing of the deed before the notary, verifies payment of taxes and notarial fees, and handles registration of the property with the Oficina de Registro de Instrumentos Públicos, which formalizes the transfer of ownership.

Statutory reference

The escritura pública is a requirement without which the sale of real estate is not perfected (Código Civil, art. 1857). The subsequent entry in the Oficina de Registro de Instrumentos Públicos effects the transfer of ownership (Código Civil, art. 756) and, as a general rule, the registration process must be completed within a maximum of five business days from filing (Ley 1579 de 2012, art. 27).

Payment of taxes and closing of the transaction

The buyer must pay certain taxes and costs associated with the transaction. The lawyer advises on these payments and makes sure everything is in order before completing the purchase.

Registration tax (impuesto de registro): Required in order to register the property in the new owner's name.
Property tax (impuesto predial): Must be up to date before the purchase.

Legal risks in the purchase of a property

Not having legal advice may expose the buyer to various risks, including:

Real estate fraud: Sale of properties whose documents are not in order or which have dual title.

Ownership disputes: Claims by third parties asserting rights over the property.

Hidden encumbrances: Outstanding debts, undisclosed mortgages or attachments.

Zoning and planning problems: Illegal construction or failure to comply with land-use rules.

Sentencia CSJ SC3726-2020 — Corte Suprema de Justicia, Sala de Casación Civil (M.P. Luis Armando Tolosa Villabona)

In this case, a third party impersonated the true owners of a property by means of a forged general power of attorney and sold it without being the owner and without authority to dispose of it; the false seller was even convicted of forgery, breach of trust and fraud. The lower courts found that "there was a full sale of a thing that was not the seller's property and which he had no authority to dispose of" and declared the sale unenforceable against the true owners; the Corte Suprema upheld that outcome. The unenforceability did not operate automatically: it was a consequence that the judge declared only after establishing that the person who sold was neither the owner nor authorized to sell the whole of the property. CSJ SC3726-2020 — sale of another person's property and unenforceability.

Sentencia CSJ SC4454-2020 — Corte Suprema de Justicia, Sala de Casación Civil (M.P. Luis Alonso Rico Puerta)

The acción redhibitoria for hidden defects (the buyer's action to undo the sale) does not operate automatically: for it to succeed, the buyer must have been unaware of the defect without any fault on their part, and that standard of diligence becomes stricter when the transaction is governed by the Código de Comercio rather than the Código Civil. In the case examined, a foundation had bought several lots that turned out to contain an old river meander, classified as a high flood-risk area. The Court concluded that this defect did not qualify as a hidden defect, because it was detectable from public information (aerial photographs from the IGAC, Colombia's national geographic institute, and cadastral maps) and from the minimum diligence to be expected given the size of the transaction. The practical lesson: having an estudio de títulos and technical due diligence before signing is the very condition for being able to invoke this protection later if something goes wrong. CSJ SC4454-2020 — hidden defects and the buyer's diligence.

A lawyer can detect these problems before they finalise the purchase, avoiding future complications. Having a lawyer in the purchase of a property is essential to ensure a secure transaction, and without legal complications. His experience in the verification of documents, drafting of contracts and the management of notarial procedures protects the buyer of any scams and legal conflicts.

If you are thinking of acquiring a property in Bogotá or in any other city in Colombia, having the advice and support of a lawyer specialized in real estate law is a sound decision that can spare you problems and make your investment secure.

Benefits of hiring a lawyer in the purchase of a property in Colombia

Legal advice in real estate transactions does not only avoid risks: it ensures that every step complies with the rules in force, that the documents are genuine and that the transfer of ownership is duly completed in the public registry.

Do you have questions about this topic? At Cafore Abogados we will guide you clearly.

Consult an attorney

Frequently asked questions

Why do I need a lawyer to buy real estate?

To carry out the title search, review the promesa and the deed, and verify the registration. That is what prevents you from buying an asset with debts, attachments or ownership problems that are not visible at first sight.

What is the estudio de títulos?

It is the review of the property's ownership history over several years, in order to confirm that the seller is the true owner and that the property carries no encumbrances, attachments, mortgages or restrictions.

What is the certificado de libertad y tradición for?

It is the document issued by the Oficina de Registro de Instrumentos Públicos showing who the titleholder is and what encumbrances or restrictions affect the property. It is best to request a recent one, only a few days old, before signing.

Why is it important to have an attorney in the purchase of a property?

Key functions of the lawyer in the purchase of a property

Mortgage loans and tax aspects

Stages of the purchase process with legal advice

Legal risks in the purchase of a property

Benefits of hiring a lawyer in the purchase of a property in Colombia

Frequently asked questions

Keep informing yourself

Buy your property with legal certainty