
The Due Diligence Checklist to Run Before Buying in Samaná
Buying property in the Dominican Republic goes smoothly when you check the right things before your money moves. The problems foreign buyers run into are rarely hidden. They sit in documents nobody asked for in time.
This checklist covers the six things to confirm about the property, plus one check that will be run on you. None of it is exotic: every item rests on what the Dominican property registry, the tax office (DGII) or Dominican law already sets out.
The checklist at a glance
- The title is clean today. No mortgage, lien or court order registered against it.
- It is a full title. Not a share of a larger parcel.
- The land matches the plan. Same boundaries on the ground as on paper, with legal road access.
- The seller can sell. The right person, with the right signatures.
- The taxes are paid. Property tax up to date, and you know what the transfer will cost.
- You can build what you plan. Especially near the beach.
- You will be checked too. Have your ID and proof of funds ready.
When to start: the day you put money down
A purchase here usually runs in this order: reservation, due diligence, promise of sale, final contract, registration. Our guide to real estate escrow in the Dominican Republic walks through each step.
Due diligence does not wait for a later stage. It starts the moment you put money down, whether you are reserving a lot, a house or a unit in a project. You would not put money into something you know nothing about, and the reservation deposit is exactly that money.
Before you pay it, make sure the reservation agreement says, in writing:
- the deposit is fully refundable if the checks below turn up a problem;
- how long the property is held for you while the checks run.
If the seller or developer will not put the refund in writing, treat that as your first finding. A problem found at this stage costs you a few weeks. Found at closing, it can cost you the deal.
1. The title is clean today
What to check: the Certificación del Estado Jurídico del Inmueble, a certificate from the property registry (Registro de Títulos) showing who owns the property and everything registered against it on the day it is issued.
Why it matters: the title document the seller shows you only tells you who owned the property when it was printed. A mortgage or a court order registered last month will not be on it. The certificate will. Dominican law also works in your favour here: on registered property, charges that are not registered generally cannot be used against you (water and mining rights are the exception). That makes this one document the backbone of your checks.
What to do:
- Ask your lawyer to request it at the start. It costs about RD$1,000 and the request can be started online through the registry’s Oficina Virtual. Our post on the certification of legal status explains it step by step.
- Request it again shortly before closing. It is a snapshot, so it says nothing about what happens after the day it is issued.
- If a mortgage shows up, the contract should say how and when it is paid off at closing.
2. It is a full title, not a share of a larger parcel
What to check: whether the seller holds a certificate of title for a surveyed lot of its own, or a constancia anotada, which is a registered share of a larger parcel without its own surveyed boundaries.
Why it matters: both are legal, and a constancia anotada can be sold and registered. But it comes with limits. You cannot build a condominium on land held this way, and boundaries with the neighbouring owners can be harder to settle. To get your own title, the share has to be separated out:
- When the lot qualifies (nobody disputes it, and its boundaries are clearly marked on the ground), this can be done through an administrative process at the registry called regularización parcelaria. It has existed since 2022 and was made simpler in late 2025.
- If someone objects, it becomes a court process called a deslinde, which takes longer.
What to do:
- Ask early which document the seller holds. The answer changes your timeline.
- If it is a constancia, agree in writing who pays to separate the lot and whether the final payment waits until it is done. Our closing costs guide covers what this adds to the timeline.
3. The land matches the plan
What to check: that what you see on the ground matches the official survey plan, and that the lot has legal access to a road.
Why it matters: on a lot in Abra Grande or Playa Bonita, the fence line and the plan are not always the same thing. The state has a guarantee fund for people harmed by registry errors, but it does not cover small technical survey differences. Those are for you to find before you buy.
What to do:
- Hire a licensed surveyor (agrimensor) to compare the plan with the boundary markers on site.
- If the lot reaches the road only across a neighbour’s land, make sure that right of way is formally established and registered. Your lawyer can confirm it in the registry records.
4. The seller can sell
What to check: that the person or company selling is the registered owner and has every signature the registry will ask for.
Why it matters: the registry publishes exactly what it needs to register a sale. If something is missing, such as a spouse’s consent or a company’s authorisation, the transfer waits until it is fixed.
What to do: collect these during due diligence, not on signing day.
- For a person: ID for the owner and the owner’s spouse. A marriage certificate may also be needed, for example when the title names no spouse but the owner’s ID now shows them as married. A foreigner provides a passport plus a second official ID from their country.
- For a company: its commercial registration (where it applies) and the shareholder approval or bylaws authorising the sale, stamped by the Chamber of Commerce.
- If someone signs for the seller: read the power of attorney and check it covers selling this property.
5. The taxes are paid, and you know the transfer cost
What to check: a DGII certificate showing the property is up to date on the annual property tax (IPI), or exempt from it.
Why it matters: the registry will not register the sale without it. On top of that:
- The DGII requires both buyer and seller to be registered with it (an active RNC tax number) before it processes the transfer.
- The transfer tax is 3%, calculated on the higher of the price in your contract and the DGII’s own valuation of the property. Our guide to the IPI and our closing costs guide cover both.
What to do:
- Make the seller’s IPI certificate a condition of payment, not something to sort out later.
- For an apartment, buying the unit also means buying your share of the building’s common areas, and the building’s rules (the reglamento) apply to you once they are registered. Ask for:
- the registered reglamento;
- the latest owners’ meeting minutes;
- a statement from the administrator showing the unit’s fees are paid.
- Read what the reglamento says about use and rentals before you sign.
6. You can build what you plan
What to check: what the law lets you build on this land, especially near the beach.
Why it matters: this is the check most specific to our coast, and the one buyers of beachfront lots in Playa Cosón and Las Ballenas need most. The first 60 metres of land from the high-tide line is public property under Dominican law: it belongs to the State and cannot be privately owned. Building inside it is restricted and needs specific government authorisation.
What to do:
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On any beachfront lot, ask your surveyor to mark the 60-metre line on the plan, so you can see how much of the lot you can actually use.
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If a house or pool already stands inside that line, ask your lawyer about it before you buy, not after.
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Buying off-plan? Ask the developer for the construction licence from the Ministry of Housing (MIVHED). To get one, a developer needs, among other things:
- a definitive title;
- a survey plan backed by it;
- municipal land-use approvals;
- an environmental authorisation.
A developer who cannot show the title has told you something important.
7. You will be checked too
Due diligence runs both ways. Under Dominican anti-money-laundering law, real estate agents, and lawyers and notaries who handle a purchase, have to verify who their clients are, buyers and sellers alike.
What to expect:
- You will be asked for your passport and proof of where your funds come from. Our guide for foreign buyers in the Dominican Republic lists the documents to gather.
- Cash payments of US$15,000 or more are reported to the government’s financial intelligence unit.
- Paying for property in cash above a legal limit is not allowed, and the notary must record how the price was paid. The limit is updated every year for inflation, so ask your lawyer for the current figure.
What to do: plan to pay by bank transfer from an account in your name, and keep the records. It makes every step after this one easier.
What to put in the contract
A check only protects you if the promise of sale ties your payment to it. At minimum, make the final payment conditional on:
- a clean certificate of legal status, issued close to closing;
- the seller’s IPI certificate;
- the seller’s documents, including any spouse or company approval;
- for a constancia anotada, an agreed plan for getting the lot its own title.
Run these checks in order, with a Dominican lawyer, and most surprises show up while you can still walk away. In our experience, the problems that hurt buyers were almost always visible in documents nobody requested in time.
This is general information, not legal or financial advice; consult a licensed advisor before you act. Figures and requirements confirmed October 2026.
If you are looking at a property on the peninsula and want a second set of eyes on the documents, our team works on the ground in Las Terrenas year round. You can reach us through our contact page.
Sources
- Law 108-05 on Real Estate Registry, published by the Registro Inmobiliario
- Registro Inmobiliario, requirements for a transfer by sale
- Registro Inmobiliario, Certificación del Estado Jurídico del Inmueble
- Certificación de Estado Jurídico del Inmueble, gob.do service page
- Supreme Court Resolution 82-2025, administrative regularización parcelaria
- DGII, real estate transfer requirements
- DGII, how the 3% transfer tax is calculated
- Law 64-00 on Environment and Natural Resources, full text
- MIVHED, construction licence requirements
- Law 155-17 against money laundering, published by the Superintendencia de Bancos
- CONCLAFIT Resolution 2025-01, updated cash payment limits and yearly inflation adjustment
- DGII, anti-money-laundering guidance for real estate agents and other non-financial obligated parties
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