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Free Guide to Hiring a Real Estate Lawyer
Real estate transactions in Salvaleón de Higüey take place under Dominican national law and are implemented locally through the specialized real estate judiciary and registries located in La Altagracia province. The country uses a modern registration system inspired by the Torrens model, which means rights in land are recorded against a unique parcel and ownership is evidenced by a Certificate of Title. Contracts are governed by the Civil Code and specific real estate statutes. Purchases, sales, leases, mortgages and condominium arrangements are all common in the Higüey and Punta Cana region due to the area’s dynamic tourism and residential development market.
In practice, almost all transactions involve a written contract drafted in Spanish, notarization by a Dominican notary who is also an attorney, payment of applicable taxes, and registration of the transfer so a new Certificate of Title can be issued. A legally required boundary survey process known as deslinde is often central to closings. Because many projects around Bavaro and Punta Cana use development trusts and may benefit from tourism tax incentives, buyers and sellers in Salvaleón de Higüey regularly navigate both real estate registration rules and sector specific regulations.
People in Salvaleón de Higüey commonly retain a real estate lawyer to avoid costly mistakes and to keep the deal on schedule. You may need legal help if you are buying a villa, condo, lot or commercial space and want a thorough title search, if the property lacks a completed deslinde or shows liens or annotations, if you are purchasing pre construction units through a trust and need milestone based protection, if you are selling and must calculate taxes and clear encumbrances, if you are negotiating a lease for retail or hospitality space, if you are arranging Dominican or cross border financing and will register a mortgage, if you need a power of attorney and apostille to close from abroad, if the property is in a coastal or environmentally sensitive area and permits must be verified, or if a dispute arises over boundaries, delivery delays, hidden defects or homeowners association obligations.
Property registration. The Dominican Republic’s real estate registry is administered by the Jurisdicción Inmobiliaria. In La Altagracia province there are local offices for the Title Registry and the survey authority. Ownership is proven by a Certificate of Title. Before closing, buyers typically request an official title status certificate showing the owner of record and any mortgages, liens, easements or litigation annotations.
Deslinde and surveys. A deslinde is a court approved boundary survey that defines a parcel with precision. For most transfers and all mortgages, a completed deslinde is legally required so the registry can issue a new title in the buyer’s name. Transactions involving properties without deslinde are at high risk and often cannot be registered until the deslinde is completed.
Contracts and formalities. Purchase agreements and deeds are signed before a Dominican notary. Contracts are usually drafted in Spanish. Bilingual versions are common, but the Spanish text controls at the registry. Signatures can be granted by power of attorney. Foreign powers must be notarized, apostilled or consularized, and translated to Spanish by a court authorized translator.
Taxes and fees. Buyers generally pay a real estate transfer tax that is typically calculated at about three percent of the registered or appraised value, plus registry and notary fees. The annual real estate property tax known as IPI applies above a government set threshold that changes periodically. Sellers may face capital gains income tax on the profit. Development projects that are certified under the tourism incentive law may grant purchasers exemptions from transfer tax and from IPI for a defined term.
Trusts and pre construction. Many area developments use trusts under Dominican law to hold title to land and manage presales. Properly structured purchase agreements tie payments to construction milestones, escrow arrangements and delivery obligations. Review the trust deed, development permits and any tourism incentive certification before signing.
Condominiums and homeowners associations. Condominium regimes must be registered, and the bylaws set use rules and common expense obligations. Buyers should review the bylaws, meeting minutes, budgets and obtain a certificate showing there are no unpaid maintenance fees attached to the unit.
Leases. Residential and commercial leases are private contracts, but residential leases are influenced by protective rules under Dominican law. Landlords must deposit residential security deposits with the designated government bank. Commercial leases are widely negotiated and should address permitted use, build outs, rent escalation, termination, subleasing and restoration.
Coastal and environmental rules. The maritime public domain along the shoreline is inalienable, and there are setbacks and use restrictions near beaches and rivers. Projects require environmental and municipal permits. Buyers of coastal or rural parcels in La Altagracia should verify boundaries, access and permit history.
Dispute resolution. Registry matters and boundary issues are handled by specialized real estate courts. Sales contracts can include arbitration or forum clauses, but disputes over registered rights are subject to the Jurisdicción Inmobiliaria. Carefully drafted penalty clauses, default remedies and specific performance terms help avoid litigation.
Yes. Foreigners can purchase and own property in the Dominican Republic on the same terms as citizens. You can close using your passport. Contracts are typically in Spanish and must be notarized and registered. If you will not be present at closing, you can grant a notarized and apostilled power of attorney that is translated into Spanish for use in the country.
A deslinde is the official boundary demarcation and survey process approved by the real estate court. It assigns a definitive parcel number and map. Without deslinde, title transfers or mortgages generally cannot be registered and your rights remain exposed. Always verify that the property has a completed deslinde before you release final funds.
Buyers usually pay a real estate transfer tax that is commonly around three percent of the higher of the purchase price or the government appraised value, plus registry and notary fees and legal fees. After closing, an annual property tax may apply if the property value exceeds the annually updated threshold. Some certified tourism projects grant exemptions from the transfer tax and the annual property tax for a limited term. Sellers should consider potential capital gains tax on the net profit.
The contract to closing timeline in Salvaleón de Higüey varies with due diligence. For a straightforward condo with a completed deslinde, clear title and no financing, expect three to eight weeks. If a new survey is required, or if bank financing and a mortgage registration are involved, it can take longer. The issuance of your new Certificate of Title occurs after taxes are paid and the transfer is recorded at the Title Registry.
A reservation holds a unit for a short period with a small deposit and basic terms. A promise of sale is a formal contract that sets the price, payment schedule, conditions, closing date, penalties and remedies. It is binding once signed before a notary. Make sure it includes clear conditions precedent such as clean title, completed deslinde, and any developer deliverables before final payment.
Your lawyer requests an official title status certificate from the Title Registry, reviews the Certificate of Title, checks for mortgages, liens, easements and litigation annotations, confirms the seller’s identity and authority, examines condominium bylaws and fee status, reviews municipal and environmental permits if relevant, and confirms the survey map matches what is being sold. Physical inspection for occupants or encroachments is also important.
Well structured developments use trusts to hold assets and manage buyer payments, with escrow arrangements, milestone based disbursements, delivery dates and penalties for delay. Review the trust deed, building permits and any tourism incentive certification. Your contract should set specifications, inspection rights, force majeure rules and remedies if the unit is not delivered as promised.
Possessory rights are not the same as registered title and carry significant risk. Without deslinde and proper registration, you cannot obtain a secure Certificate of Title. Require the seller to complete the deslinde and regularize title before you close or fund. Avoid paying large deposits until the property is registrable.
Escrow is widely used in the Higüey area through reputable banks and law firms. Funds are held until agreed conditions are met, such as satisfactory due diligence and delivery of registrable documents. Confirm who the escrow agent is, where funds are held, release conditions and fee structure in writing.
Residential leases should be in writing and identify the parties, property, term, rent, maintenance and utilities. By law, residential security deposits must be deposited with the designated government bank rather than kept by the landlord. Commercial leases are freely negotiated and should cover fit out approvals, operating hours, maintenance, rent adjustments, subleasing and termination. Always request proof the landlord actually holds title.
Jurisdicción Inmobiliaria offices in La Altagracia province, including the local Title Registry and the real estate courts, for title certificates, registrations and deslinde approvals. Dirección Nacional de Mensuras Catastrales regional office for survey plans and parcel information. Dirección General de Impuestos Internos local administration in Higüey for transfer tax payment and annual property tax guidance. Ayuntamiento del Municipio de Higüey for land use and municipal permits. Ministerio de Turismo and the CONFOTUR program for tourism project certifications and related tax benefits. Ministerio de Medio Ambiente for environmental permits and coastal regulations. Colegio de Abogados de la República Dominicana and Colegio Dominicano de Notarios for professional directories. Cámara de Comercio y Producción de La Altagracia for corporate due diligence when buying from a company. Pro Consumidor for consumer guidance on housing and services.
Clarify your objective and budget, including whether you will occupy, rent or resell and whether you need financing. Engage a local real estate attorney in Salvaleón de Higüey early to structure the offer, handle due diligence and protect your interests. Ask your lawyer to obtain title status certificates, review the Certificate of Title, confirm deslinde, inspect the survey map and verify that there are no liens, annotations or unpaid condominium fees. If you are buying pre construction, request the trust documents, permits, construction timeline and any tourism incentive certification and ensure payments are tied to milestones with escrow. Negotiate a detailed promise of sale that includes conditions precedent, delivery standards, remedies and clear timelines. Plan for taxes and fees and allow time for transfer tax payment within the statutory window that is commonly six months from the date of the transfer deed. Coordinate closing logistics, including notarization, translations and any power of attorney if you will sign from abroad. After paying taxes, file the transfer for registration and follow up until your new Certificate of Title is issued in your name. Keep certified copies of all documents and maintain good standing with homeowners associations and tax authorities to protect your investment.
