In the Dominican Republic, registered real estate is evidenced by a certificate of title issued by the Title Registry under Law 108-05 on Real Estate Registration. That certificate is the foundation of any safe purchase, but the copy handed over by the seller or the agent is not enough to buy with peace of mind.
These are the steps we follow at Cabinet Legal before a client commits a single dollar.
1. Obtain the official certificate of the property's legal status
Issued by the Title Registry, the certificación del estado jurídico confirms that the duplicate certificate of title is valid and lists every entry on record as of its date: mortgages, liens, attachments, objections and any other encumbrance. A copy of the title only shows the situation on the day it was printed.
It can be requested in person or through the Real Estate Jurisdiction's online channels. Ask for it early in the negotiation and update it as close to closing as possible.
2. Confirm the property has been individually surveyed (deslinde)
A surveyed property has its own cadastral designation and defined boundaries. When the seller holds a constancia anotada instead, he owns rights over a portion of a larger parcel, but that portion has not been definitively located or delimited.
Buying under a constancia anotada is not prohibited, but it carries location and boundary risks and requires planning the survey process before the Real Estate Jurisdiction. The price and the contract should reflect that.
3. Make sure the seller is entitled to sell
- Individual owner: identity of the registered owner and marital status. If the property is marital community property or the family home, the spouse's consent is required.
- Company: existence and good standing, a resolution of the competent body authorizing the sale, and the signatory's powers.
- Estate: a court determination of heirs and transfer to the heirs before the sale, or their participation in the deed.
- Attorney-in-fact: a valid power of attorney, specific to the transaction and legalized or apostilled if granted abroad.
4. Check property taxes and outstanding debts
The seller must be current on the annual property tax (IPI) with the tax authority (DGII), since the transfer cannot be registered with pending debts. For condominiums, request a statement of maintenance fees. As buyer, budget for the 3% real estate transfer tax, unless an exemption such as CONFOTUR applies.
5. Compare the paperwork with the land
The title may be in order while the property does not match it: a different area, encroached boundaries, occupants or unpermitted construction. That is why the document review is complemented by an on-site technical verification, which we carry out with Land Consulting DR.
6. Protect your money until closing
- A purchase promise agreement subject to a condition precedent tied to the due diligence results.
- A protected deposit, with clear refund rules if the transaction does not close.
- Payment of the price against delivery of every document needed to register the transfer.
Frequently asked questions
Is the copy of the title provided by the seller enough?
No. A copy does not prove the current encumbrances. You need the certificate of legal status issued by the Title Registry.
Can I verify a property without traveling to the Dominican Republic?
Yes. Your lawyer can carry out the full due diligence and, under a power of attorney, represent you at signing and closing.
Considering a property in the Dominican Republic?
We verify the title, the land and the contract before you sign, so you decide on verified facts rather than on what the seller says.
