Quick summary: The sale of a house or land in Guatemala requires an escritura pública (public deed) authorized by a notary and registration in the Registro de la Propiedad (Property Registry) (Código Civil, Arts. 1125 and 1576). The general rule is that a sale is perfected between the parties when they agree on the property and price (Art. 1791), subject to the real-estate formalities explained below. A pacto de retroventa (seller’s right to repurchase) is prohibited (Art. 1791), and the sale of someone else’s property is void (Art. 1794). Every public deed must contain the 12 items in Art. 29 of the Código de Notariado (Notarial Code). If an essential formality is missing, the interested party has 4 years from execution to bring an action for nullity (Arts. 31-32). The timbre notarial (notarial stamp) is two per thousand, between Q1 and Q300 (Decreto 82-96, Art. 3). Below is a minuta (preparation worksheet) to take to your notary.
This page covers the final sale deed. For the wider buying process, see the property buying guide.
Minuta vs. escritura: who prepares what
The notary prepares and authorizes the deed in the protocolo (notarial record): the ordered collection of original deeds, actas de protocolación (instruments incorporating documents into the protocol), signature-authentication records and documents recorded by the notary (Código de Notariado, Art. 8). Original deeds are drawn up on special stamped paper for protocols (Art. 9). Article 1 recognizes the notary’s authority to attest and authorize acts and contracts.
Your minuta is the worksheet of details and agreements you take to the notary. The worksheet below can be copied; it is not a downloadable Word file.
Why the sale requires a public deed and registration
| Provision | What it says |
|---|---|
| Código Civil, Art. 1125, numeral 2 | Instruments transferring ownership of real estate are entered in the Registry |
| Código Civil, Art. 1576 | Contracts requiring entry or annotation in a registry must be recorded in a public deed, regardless of their value |
| Código Civil, Art. 1576, second paragraph | If the essential requirements are established through the obligated party’s judicial admission or other written evidence, the contract is valid and the parties may compel each other to execute the public deed |
| Código Civil, Art. 1790 | The seller transfers ownership and undertakes to deliver the property; the buyer undertakes to pay the price in money |
| Código Civil, Art. 1791 | A sale is perfected between the parties when they agree on the property and price, even if neither has been delivered |
The annotated Código Civil published by CENADOJ, part of the Organismo Judicial cites the Civil Chamber’s cassation judgment in case 88-2000. The Chamber explained that Art. 1791 is a general rule and that real-estate sales require additional formalities for perfection, referring to Arts. 1125 and 1576. This is commentary on a past judgment, alongside the statutory text.
Three rules the deed cannot bypass
- No pacto de retroventa. Article 1791, amended by Decreto-Ley 218, prohibits an agreement giving the seller a right to repurchase. A clause reserving that right has no place in the deed.
- Only the owner can sell. Under Art. 1794, the sale of someone else’s property is void. The seller must return the price if received and pay damages if they acted in bad faith. Someone who buys their own property believing it belongs to another person may keep the property and recover the price.
- Encumbrances must be disclosed. Article 30 of the Código de Notariado requires the party undertaking an obligation to expressly state whether the property has gravámenes (encumbrances) or limitations that could affect the other party’s rights. The notary must warn the parties of their liability if they fail to disclose them.
For the related document, see RGP property certification.
The 12 contents of every public deed (Código de Notariado, Art. 29)
| # | Content | Essential formality? (Art. 31) |
|---|---|---|
| 1 | Serial number, place, day, month and year of execution | Place and date: yes |
| 2 | Grantors’ given names, surnames, age, marital status, nationality, profession, occupation or trade, and domicile | Given name and surname(s): yes |
| 3 | The notary’s attestation of knowing the persons appearing and their statement that they freely exercise their civil rights | — |
| 4 | Identification of grantors unknown to the notary through cédula de vecindad (the identity document named in the statutory text) or passport, through two witnesses known to the notary, or both methods when the notary considers it appropriate | — |
| 5 | A statement that the notary has examined authentic documents establishing representation for anyone appearing on another’s behalf, describing them and identifying the place, date and authorizing official or notary; confirmation that the representation is sufficient under the law and in the notary’s judgment for the act or contract | Yes |
| 6 | An interpreter appointed by a party who does not know Spanish, preferably a traductor jurado (sworn translator) where possible; if the interpreter cannot sign, a witness signs for them | Yes |
| 7 | A faithful, concise and clear account of the act or contract | Yes (the account of the act and its terms) |
| 8 | Attestation that the notary has examined the relevant titles and supporting documents, according to the nature of the act or contract | — |
| 9 | Transcription of proceedings required by law or considered pertinent by the notary when the act or contract follows judicial authorization or an order, or judicial or administrative proceedings | — |
| 10 | Attestation that the instrument has been read to the interested parties, with their ratification and acceptance | — |
| 11 | Warning about the legal effects of the act or contract and the requirement to present the testimonio (certified copy) to the relevant registries | — |
| 12 | Signatures of the grantors, other participants and the notary, whose signature is preceded by Ante mí (before me). A grantor unable to sign gives a right-thumb fingerprint, or another fingerprint specified by the notary if necessary, and a witness signs for them. If several grantors cannot sign, a witness signs for each party or group representing the same right. A notary who is also the grantor uses Por mí y ante mí (by me and before me) before signing | Yes (signatures or fingerprint, as applicable) |
What happens if something is missing:
- Omission of an essential formality (Art. 31) gives the interested party an action to seek nullity, provided it is brought within four years from execution (Art. 32).
- For omission of a nonessential formality, Art. 33 prescribes a fine for the notary of five to fifty quetzales, depending on the case.
For foreign buyers: Art. 29 lists a passport as an identification method when the notary does not know the grantor; it does not restrict that method to foreigners. A party who does not know Spanish appoints an interpreter, who should be a sworn translator if possible. If the interpreter cannot sign, a witness signs for them.
These requirements are set out in the Código de Notariado published by CENADOJ.
How the deed is written in the protocolo
Article 13 of the Código de Notariado requires instruments to be written in Spanish, legibly, by machine or by hand, without abbreviations. Dates, numbers and amounts in the body of the instrument are written in words; if words and figures differ, the words prevail. This explains why the price is written out.
Under Art. 14, additions, interlineations and deletions are void unless expressly validated at the end of the document before the signatures. Alterations to words are prohibited.
After signing
| Step | What the law says |
|---|---|
| Testimonio | A faithful copy of the escritura matriz (original deed), on the corresponding stamped paper, sealed and signed by the authorizing notary or the lawful substitute (Código de Notariado, Art. 66) |
| Testimonio especial for the Archivo General de Protocolos (General Archive of Protocols) | The stamp law refers to the special copies that notaries must send to the Archive (Decreto 82-96, Art. 3) |
| Timbre notarial | Affixed to the first sheet of the testimonio especial sent to the Archivo General de Protocolos (Decreto 82-96, Art. 3) |
| Registration | Instruments transferring ownership of real estate must be registered (Código Civil, Art. 1125, numeral 2); Art. 29, numeral 11, of the Código de Notariado requires a warning to present the testimonio to the relevant registries |
The timbre notarial (Decreto 82-96)
| Type of act | Notarial stamp |
|---|---|
| Contracts with a stated value | Two per thousand; minimum Q1, maximum Q300; fractions are rounded up to the next whole quetzal |
| Contracts of undetermined value and protocolaciones (incorporation of documents into the protocol) | Q10 |
| Actas notariales (notarial records) and authentication of signatures or documents | Q10 |
The rules are in Art. 3 of the Ley del Timbre Forense y Timbre Notarial published by the Archivo General de Protocolos.
For related costs, see closing costs and notary fees.
Minuta to take to the notary
Use these prompts to prepare your details and questions for the notary:
- Seller and buyer: given names and surnames, age, marital status, nationality, profession or trade, domicile and identification (Art. 29, numerals 2 and 4).
- Representation: documents establishing authority for anyone appearing on another’s behalf. The notary must describe them, record the place, date and authorizing official or notary, and state that the authority is sufficient (Art. 29, numeral 5).
- Language: who will interpret if a party does not know Spanish, with a sworn translator if possible (Art. 29, numeral 6).
- Property: identify the property being sold for the notary’s account of the transaction (Código Civil, Art. 1790; Código de Notariado, Art. 29, numeral 7).
- Price: the agreed price, written out in words for the instrument (Código Civil, Art. 1790; Código de Notariado, Art. 13).
- Encumbrances and limitations: those that exist, or the express declaration that there are none, when they could affect the other party’s rights (Código de Notariado, Art. 30).
- Delivery: the seller’s undertaking to deliver the property (Código Civil, Art. 1790).
- Terms to discuss: the agreed terms of the transaction for its faithful, concise and clear description (Código de Notariado, Art. 29, numeral 7).
- Documents for the notary to examine: the relevant titles and supporting documents, according to the nature of the transaction (Art. 29, numeral 8).
If you are buying from abroad, see buying property in Guatemala while living in the USA. Sellers can consult selling property in Guatemala while living in the USA.
Related procedures
- RGP property certification
- RGP property record search
- Closing costs
- Notary fees
- Buying property from the USA
- Selling property from the USA
General guidance, not legal advice. Based on CENADOJ’s annotated Código Civil, CENADOJ’s Código de Notariado, and the Archivo General de Protocolos copy of the Ley del Timbre Forense y Timbre Notarial. The public deed is prepared and authorized by a notary.