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Purchasing
property in the Dominican Republic is a relatively
easy process. There are no particular prohibitions that block
or otherwise prevent a foreign national from purchasing real
estate in the Dominican Republic. Indeed, many foreign nationals
invest in and own real estate in the Dominican Republic and
have done so for many years.
The buying and selling of real estate in the Dominican Republic
is subject to the Land Registry Law of the Dominican Republic.
Pursuant to the law of the Dominican Republic, the first step
in purchasing real estate in the Dominican Republic is the
execution of a contract for sale between the buyer and seller.
In the Dominican Republic, it is a must that the contract
for sale be signed in front of a notary public. In the Dominican
Republic a notary public must have a law degree. The contract
for sale sets forth the general terms and conditions of the
sale -- a description of the real estate being sold, the agreed
upon sales price and other matters relating to the transaction.
The buyer normally posts a deposit for the property that can
be upwards to 10% of the total purchase price of the real
estate in question.
Once the contract for sale is signed and notarized, the document
is then taken to the Internal Revenue Office. At this juncture,
a determination is made as to what taxes will be due and owing
because of the sale. The appropriate taxes need to be paid
in advance of the final conveyance of the property from the
seller to the buyer.
After the financing completely is arranged and all of the
conditions set forth in the contract for sale have been realized,
the contract for sale and a certificate of title (designating
the buyer as the owner of the real estate) is then filed with
the Title Registrar's Office.
In some
locations in the Dominican Republic there can be a delay
of upwards to a month before the Title Registrar's Office
is able to issue a new title to the real estate. In other
areas in the country, the office can issue the title as quickly
as one day. In the Dominican Republic the buyer bears a fairly
heavy due diligence burden when it comes to the purchase of
real estate.
In other words, if the buyer does not undertake a course of
due diligence to make certain that there are no encumbrances
on the real estate, the buyer very well may be stuck with
a lost deposit and being unable to take full title to the
real estate in question.
Property Abroad always recommends using a
Solicitor
or Lawyer