Common problems when buying property in the Dominican Republic and how to spot them

Why it helps to know them

Knowing which problems come up regularly is not meant to alarm you, but to show you what to look for. For each one, we set out the warning signs and the check that makes the difference. No list can replace a review of your specific file by licensed professionals.

The problems and how to spot them

Double sale

Warning signs: a seller in a hurry to be paid, reluctant to show the original title or to have the registry consulted, a price well below the market.

Key check: a recent certificate of legal status, payments tied to signing and registration, and registering the sale without delay. Your lawyer can advise you on how to protect your rights in the meantime.

Title without deslinde

Warning signs: the document is a constancia anotada or covers a portion of a larger parcel; the boundaries are vaguely described; you are told "the deslinde is in progress".

Key check: identify the type of document (see certificate of title or constancia anotada), the cadastral designation and the plan, and check that the portion being sold matches what you see on the ground.

Encroachment

Warning signs: fences that do not follow the apparent boundaries, a neighbouring building right up against the line, a path used by others, people occupying the land.

Key check: a boundary survey on site (replanteo) by a licensed surveyor, comparing the approved plan with reality in both directions: that nobody occupies your land and that the property does not sit on the neighbour's land or on public land.

Construction without a permit

Warning signs: the seller has no licence and no plans, floors or extensions have been added, the building looks as if it was built in stages.

Key check: compare the municipal and ministry licences with what has actually been built, and arrange a technical inspection. See unauthorised construction.

Condominium arrears

Warning signs: vague answers about the fees, no contact with the management, minutes nobody can find.

Key check: a paid-up certificate issued by the management and a read through recent minutes. See fees and reserve fund.

Land in a protected or coastal area

Warning signs: close to a beach, a river, mangroves or a steep slope; a listing that says "beachfront" or "toes in the sand".

Key check: locate the land in relation to public land and restricted areas and, where relevant, consult the Ministerio de Medio Ambiente y Recursos Naturales. See the coastal zone.

Forged documents

Warning signs: only copies or photos, inconsistent names, dates or stamps, refusal to verify at the source, unjustified urgency.

Key check: verify the title directly with the Registro de Títulos, check the identity of everyone signing and have the signatures legalised by a notary.

Seller without authority or unsettled estate

Warning signs: the person selling is not the registered owner, is acting under a power of attorney, the owner has died, or the spouse is nowhere to be seen.

Key check: compare the seller's identity with the title, check the validity and scope of the power of attorney and, where the owner has died, confirm with your lawyer that the estate has been settled and the rights registered in the sellers' names.

Cash payment

Warning signs: the seller asks for cash, suggests declaring a price different from the real one, or asks you to pay into a third party's account.

Key check: traceable payments, to the verified owner, with receipts and a contract. Declaring a price different from the real one can have tax and legal consequences; your lawyer can explain them.

Questions to always ask

• Can I see the original title and obtain a recent certificate of legal status?
• Who is signing the sale, and in what capacity?
• Does the land have a deslinde, and have the boundaries been marked out on site?
• Are there licences for everything that has been built?
• How, and to whom, will payments be made?

How we can help

For a first overview, take our quick check-up: a few questions are enough to identify the points that deserve attention in your case. For a full check of the title, permits and property, see our buyer's package or the land verification.

Request a check.