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Lesson 3 of 12 6 min

How to read an auction notice

What the law forces the notice to say, field by field, on a real example.

The edicto is the official auction notice. It is written in dreadful legal Spanish, often as one endless sentence, and it still contains everything you need to decide. The good news: the law spells out exactly what it must say, so it always carries the same pieces in roughly the same order.

For real estate: the registration details in the Public Property Registry, the district, canton and province where it is located, as well as the registered land use, the area, the boundaries, the liens and filings, and any buildings or crops it contains where these appear in the case file. Liens the successful bidder must bear shall also be stated.
Code of Civil Procedure, article 157.5

Field by field

1. The court and the case file

For example: “Juzgado de Cobro del Primer Circuito Judicial de San José, expediente 24-001234-1157-CJ”. That number is the key to everything else: it is how you check the status of the proceeding and how you ask questions at the court office. Always write it down.

2. What is being sold

For real estate you will see the finca with its registry number and province (for example “finca del partido de Alajuela, matrícula 123456-000”). That number is what you use for the registry check. If a “derecho” appears (000, 001, 002…), only one co-owner's share is being auctioned, not the whole property. Read that twice.

3. Land use, area and boundaries

Naturaleza is the registered use (building lot, dwelling, farm…). Medida is the area in square metres according to the Registry. Linderos are the neighbours on each side. If the registered use says “pasture” and the photo shows a two-storey house, something does not add up; find out before, not after.

4. Liens and filings

This is the part that costs the most to skip. A gravamen is a charge on the property (mortgages, easements, restrictions). An anotación is a warning that a proceeding is underway. The notice must state whether the asset is sold free of liens or subject to some of them.

5. The base and the three dates

The notice states the base and exact time for each round. A typical example:

RoundDate and timeBase
First14 August, 9:00 a.m.₡50,000,000.00
Second25 August, 9:00 a.m.₡37,500,000.00
Third5 September, 9:00 a.m.₡12,500,000.00

If the three bases do not drop in that proportion (100%, 75%, 25%), read the notice again carefully: you may be looking at a different kind of sale or at a publication error. The next lesson explains where those percentages come from.

6. The place

Normally the court's own premises. The stated time is the actual time: auctions start punctually and wait for no one.

Quick glossary

  • Despacho: the court handling the case.
  • Expediente: the unique case file number.
  • Finca / matrícula: the property's identifier in the Registry.
  • Folio real: the property's registry record.
  • Base: the minimum starting price for that round.
  • Postura: a bid.
  • Mejora: a bid that improves on the previous one.
  • Adjudicatario: the winning bidder.
  • Insubsistente: an auction voided because the winner failed to pay.

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