Before signing a purchase agreement (promesa de compraventa) or paying a down payment, every property buyer should conduct — or have someone conduct — a title study. This is the step that reveals whether the property has mortgages, liens, pending lawsuits, or zoning issues that aren't visible during an in-person visit. This guide explains what a title study is, which documents to review, and which warning signs you should know if you're buying property in Medellín or its Metropolitan Area.
What is a title study?
It is the legal review of a property's history: who has owned it, how ownership has changed, and whether it carries any liens (mortgages, garnishments, easements) or title limitations that could affect the buyer. The central document in this review is the certificate of title and freedom from encumbrances (certificado de tradición y libertad), issued by the Public Instruments Registry Office (Oficina de Registro de Instrumentos Públicos) corresponding to the property's location.
Documents you should review
- Certificate of title and freedom from encumbrances (ideally issued no more than 30 days prior): shows the ownership history and any liens currently in effect.
- Public deed of the last sale, to verify that it matches what is on record.
- HOA clearance certificate (paz y salvo de administración), if the property is part of a condominium regime (residential complex or building).
- Property tax clearance certificate (paz y salvo de impuesto predial) from the municipal Treasury Office (Secretaría de Hacienda).
- Valorization charge clearance certificate (certificado de libertad de valorización), when applicable.
- Building permit and condominium regime bylaws (for new properties or those in buildings), verifying that the construction is legalized.
- Seller's ID card and, if the seller is a legal entity, an updated certificate of existence and legal representation.
Common warning signs
- The certificate of title shows active mortgages or liens that the seller did not disclose.
- There are civil lawsuits or probate proceedings on the property registration record (folio de matrícula inmobiliaria).
- The area or boundaries in the deed do not match what is physically shown on site.
- The property was acquired through inheritance and not all heirs appear as sellers.
- There are unpermitted constructions or ones that don't match the approved plans.
- The seller shows unusual urgency to close the deal or avoids showing documents.
Why not do it yourself?
The certificate of title can be easily checked online, but interpreting it correctly — identifying an improperly cleared lien, a defective chain of title, or a title limitation that isn't obvious at first glance — requires legal judgment. A title study done by a lawyer also reviews the chain of title over longer periods (usually 10 to 20 years), not just the most recent transaction, which is key to detecting risks that only surface over time.
Are you buying property in Medellín?
At Iniciativa Legal Abogados, we carry out complete title studies before you sign any commitment, and we support the entire purchase-sale process, from the promise of sale through the registration of the deed. Contact us before making a down payment.