Is Escrow Mandatory in the Dominican Republic?

Escrow is not legally mandatory under Dominican law; however, it is strongly recommended and widely regarded as best practice, particularly in transactions involving foreign buyers. In the case of a resale transaction involving a third party and a property that is already built, the use of some form of escrow is always recommended. Even when […]

Do I Need to Be in the Dominican Republic to Buy Property?

One of the most common misconceptions among foreign buyers is that they must be physically present in the Dominican Republic to purchase real estate. In reality, personal presence is not legally required to complete a property acquisition. Dominican law allows buyers to act through a Special Power of Attorney, granting authority to a local representative—usually […]

What Are the Legal Steps to Buy Property in the Dominican Republic?

Understanding these steps is essential to avoid misunderstandings and unnecessary risk. The process typically begins with an offer or letter of intent, which outlines the commercial terms of the transaction. While not always legally binding, it sets expectations and serves as the basis for drafting the Promise of Sale. The Promise of Sale (Promesa de […]

Can Someone Else Claim My Property in the Future?

A common concern among foreign buyers is whether someone else could later claim ownership of their property. When a property is properly titled, transferred through a registered deed of sale, and recorded in the Title Registry, the risk of future claims is extremely low. The Dominican legal system prioritizes registered rights. Ownership that appears in […]

What Exactly Does “Due Diligence” Include Under Dominican Law?

Due diligence is the most critical phase of any real estate transaction in the Dominican Republic. It is the legal process through which the buyer confirms that the property can be legally transferred, that the seller has the right to sell, and that no hidden risks exist that could affect ownership or value. Unlike some […]

Is My Ownership Protected? How Reliable Is the Dominican Title Registry?

Property ownership in the Dominican Republic is protected through a Torrens-style title registration system, which means that ownership is determined exclusively by what is recorded in the Title Registry (Registro de Títulos). When a buyer is properly registered as owner, the State guarantees that right against third-party claims. A valid Title Certificate is the cornerstone […]

Clarification on Territorial Taxation and Fiscal Residency Rules for Foreign Residents in the Dominican Republic

1. Overview The Dominican Republic operates under a territorial tax system, meaning that individuals are generally taxed only on income obtained from Dominican sources. This principle distinguishes the country from jurisdictions that apply a worldwide income approach. The Dominican Tax Authority (DGII) recently reaffirmed that the local tax regime does not follow the principle of […]

Benefits of Purchasing a Property under the CONFOTUR Regime through an SRL

Below we detail our legal opinion on the advantages of acquiring a property under the generous incentives offered by Law 158-01 on Tourism Development Promotion (CONFOTUR) through a Limited Liability Company (SRL) in the Dominican Republic. This approach not only maximizes fiscal and commercial benefits but also provides robust legal protection and remarkable flexibility in […]

Benefits of CONFOTUR

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CONFOTUR aims to develop less-served tourist areas in the Dominican Republic and promote environmental protection in those regions.

Miguel Brache

Law Degree from Pontifica Universidad Católica Madre y Maestra (PUCMM) and holds a Master’s Degree in Financial Markets Law also from PUCMM. Expert in Civil Law, Real Estate, Corporate Law, Economic Regulation, and Administrative Law. He has extensive experience in private practice in business law, litigation and conflict resolution.

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Jose A. Fernández C

A graduate of the Universidad Iberoamericana (UNIBE) in Santo Domingo. Holds a Masters Degree in Arbitration, Alternative Dispute Resolution, and Mediation from the European Institute of Tax Consultancy, Granada, Spain, and a Master Degree in Corporate Law from Pontificia Universidad Católica Madre y Maestra (PUCMM). Expert in Real Estate Law, Corporate Law, Business Law, Conflict Mediation and Tax Advisory. He also has extensive knowledge in Contract Law, Foreign Investment, and Tourism Law. Member of the National Association of Young Entrepreneurs (ANJE).