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Free Guide to Hiring a Real Estate Lawyer
Real estate transactions in Salvaleón de Higüey operate under national Dominican law, applied locally by the Real Estate Jurisdiction and municipal authorities. The core legal framework includes the Civil Code, Law 108-05 on Real Estate Registration and its regulations, the Notarial Law that governs attorney-notaries, the Anti-Money Laundering Law 155-17, the Mortgage and Trust framework under Law 189-11, and the Condominium and Horizontal Property regime. In practice, most deals involve a preliminary agreement such as a promise of sale or option, followed by a notarized purchase agreement that is filed at the local Registry of Titles for the issuance of a new certificate of title in the buyer’s name. Buyers and sellers in the Higüey and Punta Cana area often navigate issues specific to a high-tourism market, such as bilingual contracting, condominium association rules, and projects that may benefit from tourism tax incentives.
Foreign buyers are welcome in the Dominican Republic and may own property directly or through local companies. Valid title, a compliant survey and demarcation known as deslinde, payment of applicable taxes, and proper registration are essential for a secure transfer. Because the Dominican system is deed-and-title based and highly formal, professional legal guidance is strongly recommended before you sign or pay deposits.
Local counsel can protect your interests from offer to closing. Common situations where a real estate lawyer adds value include verifying the current owner and chain of title, confirming that a property has a valid deslinde and approved survey plan, checking for liens, mortgages, seizures, boundary disputes, or pending litigation, drafting and negotiating a clear promise of sale with conditions that protect your deposit, setting up or reviewing escrow arrangements and anti-money laundering compliance, advising on condominium rules, homeowner association obligations, and management agreements, structuring the deal for tax efficiency including evaluating potential exemptions for tourism projects and planning for property and capital gains taxes, coordinating notarial formalities and registration at the Registry of Titles in La Altagracia province, addressing spousal consent, inheritance, or corporate authorization issues, and handling special assets such as beachfront parcels within the maritime zone or properties requiring environmental or municipal permits.
If a dispute arises, an attorney can represent you before the Real Estate Jurisdiction including Land Courts and help resolve breaches, misrepresentations, encroachments, or construction and delivery problems with developers.
Real Estate Registration Law 108-05 and its regulations govern how ownership rights are recorded and transferred. A valid transfer typically requires a notarized purchase agreement between the parties, proof of payment of the real estate transfer tax and registration fees, corporate authorizations if a company is involved, identification documents for individuals, condominiums compliance documents when applicable, and filing at the local Registry of Titles. After review, the Registry issues a new certificate of title to the buyer.
Deslinde and surveys are central. A property must have an approved cadastral survey and demarcation recorded with the regional Survey Office for most transfers and mortgages. Without a compliant deslinde, the Registry will generally not register a transfer. Your lawyer will confirm the survey plan, boundaries, and that the parcel matches what is being sold.
Contracts and notarization are formal steps. Dominican notaries are licensed attorneys. Key documents are executed in Spanish and notarized. Bilingual contracts are common in Higüey due to foreign buyers, but the Spanish text usually controls. Electronic signatures may be useful in preliminary negotiations, though Registry filings require notarized wet-ink originals.
Taxes and fees apply. A real estate transfer tax is due on purchases, commonly calculated on the higher of the purchase price or assessed value. Buyers should also expect registration fees and incidental costs such as certificates from the Registry of Titles. Annual property tax may apply above an exemption threshold, and sellers may owe capital gains tax. Certain qualified tourism projects may offer exemptions from transfer tax and property tax for a defined period. Always verify eligibility and current rates with counsel or the tax authority.
Anti-money laundering compliance is mandatory. Real estate brokers, notaries, and closing agents must perform know-your-client checks and document the source of funds. Be prepared to provide identification, corporate documents, and proof of funds. Cash transactions are discouraged, and professionals may be required to report suspicious activity.
Condominiums and gated communities are regulated by the condominium and horizontal property framework. Buyers should review the master deed, bylaws, budgets, reserves, rules on rentals, pet and renovation policies, and any special assessments. A clearance letter from the homeowners association is typically required at closing.
Marital and inheritance rules can affect title. Spousal consent may be required for sales involving marital property. Inherited properties must be properly probated and retitled before a valid sale can be registered. Corporate sellers need proper corporate resolutions and good standing certificates.
Coastal and environmentally sensitive areas carry special considerations. Beachfront land intersects with the public maritime zone, which is subject to restrictions and concessions. Development may require environmental permits and municipal approvals. Extra due diligence is critical for properties near the shoreline or protected areas.
Yes. Foreign nationals can own property directly in their personal names or through Dominican companies. There is no general restriction on foreign ownership. You will need a valid passport and to comply with anti-money laundering requirements. Contracts are typically in Spanish, so have a certified translation if needed.
Deslinde is the official demarcation and cadastral survey of a parcel. It confirms boundaries and produces an approved survey plan tied to the certificate of title. In most cases a transfer or mortgage cannot be registered without a compliant deslinde. Your lawyer will verify that the property’s survey matches what is being sold.
Parties often sign a reservation or term sheet, then a promise of sale that sets price, deposit, timelines, conditions such as clean title and financing, and penalties for breach. Funds are placed in escrow. During due diligence, counsel obtains title, liens, surveys, and condominium documents. At closing, parties sign a notarized purchase agreement, taxes and fees are paid, and the file is submitted to the Registry of Titles for issuance of the new title.
Deposits are commonly 10 percent, but amounts vary. Funds are typically held in escrow by a law firm, bank, or licensed fiduciary under a written escrow agreement that specifies release conditions. Avoid paying large sums directly to a seller before due diligence and a signed promise of sale with clear conditions.
Buyers usually pay a real estate transfer tax and registration fees. Condominium purchases may involve association certificates and administrative charges. Sellers may owe capital gains tax. Annual property tax can apply to owners above a statutory threshold. Projects approved under tourism incentive programs may offer exemptions in certain cases. Ask your lawyer to provide a written closing cost estimate.
No. You can grant a notarized and legalized power of attorney to a trusted lawyer or representative to sign for you. If issued abroad, the document must meet Dominican legalization or apostille and translation requirements before it can be used locally.
Timeframes vary by Registry office and file complexity. After closing and tax payments, registration can take several weeks to a few months. Your lawyer can check the status, handle any observations from the Registry, and obtain the new certificate of title when issued.
Review the master deed, bylaws, house rules, the budget and reserve fund, minutes of recent meetings, insurance, and any special assessments. Confirm the unit’s assigned parking and storage, the share of common expenses, and whether short-term rentals are allowed. Obtain a clearance letter confirming the seller is current on dues.
Electronic signatures are recognized for many commercial agreements. However, instruments that must be notarized and filed at the Registry of Titles require wet-ink notarization. You can use e-signatures for preliminary documents, but expect to sign physical originals for closing.
The promise of sale usually sets out penalties such as forfeiture of the deposit if the buyer breaches, or return of the deposit plus an agreed penalty if the seller breaches. Specific performance can be available depending on the facts. Clear remedies and timelines in the contract help avoid disputes. Seek legal advice promptly if a breach occurs.
Real Estate Jurisdiction and Registry of Titles in La Altagracia province. These offices manage surveys, title registration, and certificates such as no liens and encumbrances. Your lawyer can request official certifications and track filings.
Regional Survey Office known as Dirección Regional de Mensuras Catastrales. This office maintains cadastral maps, approves surveys and deslinde plans, and resolves technical boundary matters with the Land Court when needed.
Dirección General de Impuestos Internos known as DGII. The national tax authority administers the real estate transfer tax, annual property tax, and capital gains. Counsel can coordinate tax calculations, payments, and receipts needed for registration.
Ayuntamiento de Salvaleón de Higüey. The municipal government handles building permits, zoning compliance, and certain local certifications that may impact development and renovations.
Colegio de Abogados de la República Dominicana and the Dominican notarial bodies. These professional organizations can help verify attorney and notary status and ethics compliance.
Cámara de Comercio y Producción de La Altagracia. The local chamber handles mercantile registry matters, which is relevant if a company is the buyer or seller and corporate documents must be updated or certified.
Ministry of Tourism and the tourism incentive council known as CONFOTUR. For projects with tourism status, these bodies can confirm whether a development is approved for tax benefits that may affect purchasers.
Instituto de Tasadores Dominicanos. Professional appraisers can provide independent valuations for financing, negotiations, or tax planning.
Define your objective. Decide whether you are purchasing to live, invest, or rent short-term, and your target location within Higüey such as downtown, Bávaro, or Punta Cana corridors. Your strategy affects due diligence items such as rental rules and expected returns.
Engage local counsel early. Retain an independent real estate lawyer in La Altagracia who is not affiliated with the seller or broker. Request a written scope of work covering title search, surveys, liens, condominium review, tax estimate, contract drafting, escrow oversight, and registration.
Collect your documents. Have your passport or residency card, proof of address, proof of funds, and if using a company, the corporate registry documents and resolutions. If signing by power of attorney, arrange for notarization, apostille or legalization, and certified translation into Spanish.
Structure the negotiation. Use a clear offer or term sheet, then a detailed promise of sale with conditions precedent such as clean title and surveys, financing approval, HOA clearance, and municipal or environmental items if relevant. Agree on an escrow agent and release conditions before wiring funds.
Plan for taxes and costs. Ask your lawyer for a closing cost sheet with transfer tax, registration fees, notary and legal fees, escrow costs, and any condominium or developer charges. Confirm whether any tourism incentives apply and how to document eligibility.
Close and register. Execute the notarized purchase agreement, pay taxes and fees, and file the package with the Registry of Titles. Keep copies of all receipts and certifications. Your lawyer should monitor the file and deliver your new certificate of title when issued.
Protect your investment. Update utility accounts and condominium records, calendar tax deadlines, and consider local insurance. If renting, ensure your management agreements and permits comply with condominium rules and municipal requirements.
This guide is informational and not legal advice. For specific questions about a property or contract in Salvaleón de Higüey, consult a qualified Dominican real estate attorney before you sign or send funds.
