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Purchase Process, Quick Description - continuation -
Lawyers:
We recommend using a certified Lawyer on any Real Estate transaction in the Dominican Republic to guarantee a smooth and quick transaction. The usual lawyer fee is 1% of the total purchase price, on larger amounts the honorary is negotiated.

A lot of Houses and Properties are shareholder companies, which makes it easy and cost-efficient to transfer the shares into a new ownership. Once all the paper work is 100% cleared and in order, the rest of the payment is due and the titles or the shareholder company changes hands into a new ownership. This way you will rest assured that your payment will only be forwarded once you receive 100% clear what you paid for.

Surveyors:
We recommend using a surveyor on most transactions where the amount of square meters is relevant to the purchase.

Property Tax:
The rumor that Property tax in the Dominican Republic does not apply is not completely true. You don't have to pay any taxes if your property was appraised from the government to be worth less then 5 million Peso, don't worry if you where looking for the tax free heaven because there are many great Opportunities to be found for 5 mio peso or less.

Like In any other country taxes need to be paid, determined by the Property value.

If everyone does it if a different question, because the Government lacks of resources to recollect these taxes, but anyways you can only sell your Property if all taxes have been paid. Anyways these taxes are far from what we are used from Europe or other American countries, and the best is to see it as a contribution to the development of the Dominican Republic.

The transfer of Real Property is subject to the payment of the following taxes and duties, these numbers are only approximate and may vary between location and the type of property:
  1. 3% Transfer Tax (Law # 288-04)
  2. 3% Document Stamp Tax (Law # 835-45) (Actually, RD$232 pesos for the first RD $20,000 pesos and 13 per thousand for the rest).
  3. 2% Registry Tax (Law #108-05), applicable to properties valued at RD$5 million pesos or more, which will come into effect sometime in the near future upon creation of the Indemnity Fund established by the Law.
Minor expenses such as tax on certified check, sundry stamps and tips at the Registry.

Property and Ownership Information:
In the Dominican Republic property ownership information is maintained regionally in the recorder's office, title registrar's office or land court. This information is publicly available at regional recorder's offices, title registrar, or land court. It must be searched by hand. The Dominican Republic does not yet maintain computerized records of registered title.

Insurance:
There are many international insurance companies that work and insure anything just like we know it from home.

Title Insurance:
In the Dominican Republic , as in many Latin American and European countries, the Government provides title insurance. The old Land Registry Law established an indemnity fund with which to pay claimants who due, for example, to an error of the Registrar, were deprived of their property. Unfortunately, the funds collected were used by the government for other purposes.

The Property Registry Law in effect since April 4, 2007, has created a new 2% tax on all conveyances in order to establish an indemnity fund.

We are also cooperating with the only two private Title Insurance companies, Steward Title and Fidelity International. In Some critical cases we may recommend the use of both combined, lawyer and title insurance company.

Financing and lending practices:
Long term loans for residential, commercial and agricultural purposes are available. Short term loans for personal reasons are available as well, but at high interest rates. Please check our financing section for more information.

Zoning:
There are controls on how a parcel of real estate may be used; also building codes and subdivision regulations may apply. However, there is no uniform building code in the Dominican Republic. The use or development may be regulated or limited according to its location, It is very important to examine environmental, urbanization, public embellishment or other municipal regulations, it is also not allowed to built within 60 meters from the beach.

Land use control:
There are controls on how a parcel of Real Estate may be used. These controls include zoning, building codes and subdivision regulations. However, there is no uniform building code. The application of public land use controls, especially zoning, can be challenged by landowners as a "taking" of private property rights. Covenants and deed restrictions exist in the Dominican Republic.

How can a foreign person obtain a Dominican residence card?:
Foreigners may acquire the right to reside in the country through obtaining a residence visa at the Dominican Consulates abroad or at the Ministry of Foreign Relations in the country, which takes between 10 to 12 weeks, and thereafter obtaining a provisional and then permanent residence card at the General Immigration Office, which takes approximately two months.

How to found a Dominican Company and how long does it take?:
A company in the Dominican Republic must have a minimum number of seven shareholders, but shareholders participating to fulfill the statutory minimum have a symbolic participation of one share in the company's capital. The incorporation process -including the drafting and execution of the articles of incorporation and other incorporation documents, the registration of the company name, the whole process takes between 3 to 4 weeks. There is also the possibility to purchase already existing companies which have been founded only for the purpose of holding Real Estate.

Legal Documents needed for Real Estate Transactions:
You will need the following documents for any property sale, exchange or purchase. Most of these documents will be obtained and taken care of by your lawyer. Sale , payment, exchange:

  Sales/purchase agreement signed and legalized
  Copies of the identification documents of the buyer and seller.
  Copies of the identification documents of the buyer and seller.
  Copies of the representative's identification card and contact
  Property title certification
  Current payment receipts for taxes
  Original payment receipt for the property transfer tax
  Original payment receipt for taxes established by law number 80-99, and other legal seals and stamps (according to the number of properties being registered)
  Record of all submitted documents
  Copies of the Properties Surveys
 

Petra Fischer, La Vega, Dominican Republic