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Free Guide to Hiring a Real Estate Lawyer
Real estate due diligence in Salvaleón de Higüey involves a structured legal and technical review to confirm that a property has clean title, accurate boundaries, no hidden debts or claims, and that the planned use is legally feasible. Higüey is the head municipality of La Altagracia province, which also covers Bávaro-Punta Cana, so transactions often involve tourism projects and condominiums, as well as rural and coastal parcels. Dominican real estate is governed by a specialized property registry system and courts known as the Jurisdicción Inmobiliaria. A proper due diligence typically includes a title search, survey verification known as deslinde, review of liens and encumbrances, tax checks, zoning and environmental review, and validation of the parties and the contract structure.
For buyers, sellers, lenders, and developers, due diligence is the main risk management tool before closing. It protects you from acquiring properties with title defects, unresolved inheritances, inaccurate boundaries, unlawful constructions, unpaid taxes, or occupants who are difficult to remove. Local counsel coordinates this process because much of the evidence is official and must be obtained from Dominican registries and agencies.
You are a foreign purchaser and need guidance on Dominican procedures, taxes, and documents issued only in Spanish.
You are buying a villa, condo, or land that requires deslinde, boundary confirmation, or subdivision before transfer.
You want to acquire through a company or a trust for liability, financing, or estate planning reasons.
You are purchasing pre-construction or within a tourism project and must review permits, warranties, and incentives.
The property shows a mortgage, lien, seizure annotation, or an old Carta de Constancia that must be regularized.
The seller acquired by inheritance, so heirship, estate taxes, and registered transfers must be verified.
You need to evaluate environmental constraints, coastal-maritime public domain, or protected area restrictions.
You plan renovations or development and must confirm zoning, municipal permits, condominium rules, and utilities easements.
You require a secure payment structure with escrow or a fiduciary trust under Dominican law.
You want clear timelines, closing deliverables, and enforceable Spanish-language contracts notarized and registrable.
Property registry framework. Law 108-05 on Real Estate Registry and its regulations govern titles, surveys, subdivision, mortgages, and the specialized system composed of the Land Courts, Title Registries, and the Regional Survey Offices. Transfers are only perfected upon registration at the Registro de Títulos. A registered Certificate of Title is the definitive proof of ownership.
Deslinde and surveys. A deslinde is a court-approved survey prepared by a licensed agrimensor and processed through the Dirección de Mensuras Catastrales. In practice, a completed deslinde is required for most transfers. Avoid purchases based solely on possession or on outdated Carta de Constancia documents that are no longer valid for new registrations.
Encumbrances and annotations. The Registro de Títulos issues certifications showing mortgages, liens, seizures, easements, usufructs, litigation alerts, and other charges. Your lawyer should obtain a Certificación de Cargas y Gravámenes and a Certificación del Estado Jurídico del Inmueble, as well as the property history when relevant.
Taxes at purchase and ownership. The real estate transfer tax is generally 3 percent of the higher of the purchase price or the tax appraisal. Additional registration fees apply. Sellers may be subject to capital gains taxation. Owners may be subject to the annual real estate tax known as IPI if the cumulative property value exceeds a threshold set annually by the tax authority. Before closing, your lawyer should check DGII accounts and obtain required tax clearances.
Foreign buyers. Foreigners can acquire Dominican real estate with the same rights as locals. Identification and anti-money laundering requirements apply, including proof of funds and KYC documentation under Law 155-17. You may need to be registered with the tax authority to pay taxes and receive fiscal receipts.
Condominiums and homeowner rules. Condominium properties are subject to the master deed and bylaws, with shared common areas, maintenance fees, and use restrictions. Due diligence should include review of the Reglamento de Condominio, financial statements of the condo association, minutes, and special assessments.
Tourism and trusts. Many projects in La Altagracia operate under tourism incentive rules that can affect taxes, permits, and use. Real estate trusts are common for development and escrow-like structures under Law 189-11 for the Development of the Mortgage Market and Trusts. If buying shares in a project company instead of the property itself, a full corporate and tax due diligence is essential.
Environmental and coastal rules. The maritime-terrestrial zone is public domain, and private ownership does not extend to the beach strip. Projects may require environmental permits or licenses from the Ministry of Environment. Verify setbacks, protected areas, and water or access easements.
Municipal and construction permits. Construction and land use are controlled by national and municipal rules. Check municipal approvals from the Ayuntamiento de Higüey and any applicable national infrastructure permits. For new works, confirm compliance with building standards, utility connections, and fire safety approvals.
Occupancy and tenancy. Confirm whether any occupants, tenants, or caretakers are on site. Eviction procedures can be lengthy. If purchasing occupied property, address vacant possession and holdbacks in the contract.
Yes. Foreigners can buy and hold title in their name or through a Dominican company or trust. You must comply with identification, tax, and anti-money laundering requirements and sign Spanish-language registrable documents before a Dominican notary.
Deslinde is the official boundary survey and demarcation approved by the property registry system. It aligns the legal title with the surveyed parcel. Without a completed deslinde, the registry may not process a transfer or mortgage. Your lawyer should verify that the specific unit or lot you are buying is fully deslindado.
For a standard condo or villa with clean records, 10 to 20 business days is common after all documents are provided. Complex rural or coastal parcels, inheritance chains, or corporate share deals can take longer due to surveys, court files, or agency clearances.
Copy of the Certificate of Title, official title and lien certifications, approved survey plans, seller identification and marital status documents, corporate documents if the seller is an entity, tax payment evidence, condominium bylaws and fee statements if applicable, utilities invoices, and occupancy information. Your lawyer will obtain official versions directly from the registries.
The system relies on the public registry as definitive proof of title. Some international insurers offer title insurance for Dominican properties on a case-by-case basis. Regardless, legal due diligence is still required and is the primary protection.
Buyers typically pay the 3 percent transfer tax plus registration and notarial fees. Sellers may owe capital gains tax. Owners may owe the annual IPI if over the threshold. Pre-construction or tourism-incentivized projects can have special rules. Obtain a closing cost estimate from your lawyer in advance.
Use a formal purchase agreement with clear conditions, a neutral escrow or fiduciary account with a Dominican bank or licensed trust company, and release milestones tied to due diligence completion and registrable closing deliverables. Avoid large cash payments and ensure all amounts are receipted for tax purposes.
Liens must be cancelled at or before closing. This is usually handled through payoff letters, partial releases, and simultaneous filings at the Registro de Títulos. Funds are released from escrow once the registrar accepts the cancellation and the transfer for registration.
No, individuals can buy directly. Companies or trusts can be useful for liability, joint ownership, or estate planning. If considering a share purchase to avoid transfer tax, be aware of tax and liability risks. A full corporate due diligence and tax review is essential.
Your lawyer and technical consultants should obtain municipal land use confirmations, environmental no-objection or licenses, and applicable sector approvals. For condos, review the master plan and any limitations in the bylaws. Do not rely solely on marketing materials.
Registro de Títulos de La Altagracia. The provincial Title Registry that issues title and lien certifications and registers transfers and mortgages.
Dirección Regional Este de Mensuras Catastrales. The regional office overseeing surveys, boundary approvals, and parcel subdivisions.
Tribunales de Tierras - Jurisdicción Inmobiliaria. Specialized land courts that hear real estate registry and survey disputes.
Dirección General de Impuestos Internos - DGII. The tax authority for transfer taxes, capital gains, and annual property tax obligations.
Ministerio de Medio Ambiente y Recursos Naturales. The agency that grants environmental permits and oversees protected areas and coastal issues.
Ayuntamiento de Salvaleón de Higüey. The municipal government that issues local land use and construction permits and collects municipal fees.
Ministerio de Turismo - CONFOTUR. For projects under tourism incentive regimes that may affect taxes and permitting.
CODIA - Colegio Dominicano de Ingenieros, Arquitectos y Agrimensores. Professional body for verifying the license status of surveyors and engineers.
Colegio Dominicano de Notarios. For verifying notary credentials and scope of practice in La Altagracia.
Colegio de Abogados de la República Dominicana. Bar association information for licensed attorneys.
Schedule an initial consultation. Explain your objectives, timeline, and budget. Ask the lawyer to outline a due diligence checklist tailored to a Higüey or Punta Cana context.
Collect preliminary documents. Request a copy of the title, survey plan, condo bylaws if applicable, and seller identification. Your lawyer will order official certifications directly from the registries.
Authorize searches and surveys. Sign a limited power of attorney so your lawyer can obtain title, lien, and tax certificates, and engage a licensed surveyor if boundary confirmation is needed.
Assess legal feasibility. Your team will verify title status, encumbrances, taxes, occupants, zoning, environmental constraints, utilities easements, and, for developments, permits and approvals.
Choose a safe deal structure. Decide between direct purchase, company purchase, or trust, and set up a compliant escrow or fiduciary arrangement with clear release conditions.
Negotiate and document. Your lawyer will draft or revise the promise to purchase and the purchase agreement, including representations, conditions precedent, timelines, and remedies. Ensure documents are in Spanish and notarized to be registrable.
Plan taxes and closing costs. Obtain a written estimate of transfer tax, notarial and registration fees, surveys, translations, and professional fees. Confirm who pays each item in the contract.
Close and register. Coordinate payoff and lien cancellations, pay transfer tax, and file the signed deed and supporting documents with the Registro de Títulos. Track the process until the new Certificate of Title is issued in your name.
Post-closing compliance. Update the tax authority, homeowners association, and utilities. Calendar IPI and condominium dues. Store certified copies of all filings.
Important. This guide provides general information and is not legal advice. Always work with a Dominican real estate attorney experienced in La Altagracia province to evaluate your specific transaction.
