Countries › Dominican Republic › Guide › 11. Real estate and land › Purchase contracts and off plan purchases

Purchase contracts and off plan purchases

Last verified: 2026-10-30 · Status: Stable

A promise of sale with agreed thing and price counts as a sale, and arras let either side walk away at a cost. Off plan units can be registered before the building exists, with a note on the title until completion. No special deposit protection for off plan buyers appears in the laws reviewed, so buyers rely on contract terms, a trust structure if the developer uses one, and registering what they can.

USD figures use the Banco Central de la República Dominicana reference selling rate of RD$60.9007 per US dollar for 29 October 2026, the latest row in its published rate file on the verification date, rounded to the cent.

Key facts

Statutory deadline to register an off plan contract	None found Res. 788-2022 art. 123 to art. 125, as of 2026-10-30 · in force
Arras refund if the seller withdraws	Double Código Civil art. 1590, as of 2026-10-30 · in force

The rule

1. A promise of sale is worth a sale when both parties have agreed on the thing and the price.Código Civil, art. 1589, 1884-04-17 official text · verified 2026-10-30

2. If the promise was made with arras, each party may withdraw: the giver loses them, and the receiver returns double.
Example: RD$1,000,000 arras: buyer loses RD$1,000,000, or seller returns RD$2,000,000 / US$16,420.17 arras: buyer loses US$16,420.17, or seller returns US$32,840.35Código Civil, art. 1590, 1884-04-17 official text · verified 2026-10-30

3. Sale of a thing belonging to another is void, and may give rise to damages if the buyer did not know.Código Civil, art. 1599, 1884-04-17 official text · verified 2026-10-30

4. A conditional sale of real estate is entered in the Registro Complementario and blocks registering acts of disposal.Ley 108-05 de Registro Inmobiliario, as amended by Ley 51-07, art. 98, 2005-03-23 official text · verified 2026-10-30

5. Buildings in progress can go under the condominium regime. For financing, owner and lender can register their decision to do so with the mortgage, once the building is done.Ley 108-05 de Registro Inmobiliario, as amended by Ley 51-07, art. 100 paragraph III, 2005-03-23 official text · verified 2026-10-30

6. Property divided by floors can be registered before construction if the plans have been approved by the authorities required for starting works.Ley 5038 sobre Condominios, art. 23, 1958-11-21 official text · verified 2026-10-30

7. Certificates for units in progress carry a note, and each unit takes its share of any mortgage set in the contract.Resolución 788-2022, Reglamento General de Registro de Títulos, art. 79 and art. 124, 2022-10-27 official text · verified 2026-10-30

8. Completion is shown by the surveyor's sworn statement or a certificate of completion, after which owners ask for definitive registration without the note. Substantial changes need new division plans.Resolución 788-2022, Reglamento General de Registro de Títulos, art. 125 and paragraph, 2022-10-27 official text · verified 2026-10-30

9. DGII discharge covers acts that transfer the property, and the seller remains liable for taxes until the discharge or until the buyer pays the transfer tax.DGII Guide 18 on transfer and discharge of real estate, June 2025, Effects of discharge, 2025-06 official text · verified 2026-10-30

10. A real estate development trust may invest in projects at different phases of design and building for sale or rent. Administrators are the entities the law allows, under their supervisor.Ley 189-11 Mercado Hipotecario y Fideicomiso, art. 58, 2011-07-16 official text · verified 2026-10-30

11. The promoter of a tourism project classified under Ley 158-01 may sell villas or apartments within it, and first buyers directly from the promoter take the exemption. Later buyers do not.Ley 195-13, art. 7, adding paragraph IV to art. 4 of Ley 158-01, 2013-12-13 official text · verified 2026-10-30

Worked example

A buyer signs for an off plan unit at RD$9,000,000 (about US$147,781.55), paying 10%, RD$900,000 (about US$14,778.16), as a deposit. If the contract calls it arras, the seller can withdraw by paying back RD$1,800,000 (about US$29,556.31). If it is drafted as a firm promise with a default clause, the remedies follow the contract, so the wording of the deposit clause decides the risk.

Step by step

Check the land title, the approved plans and the construction licence before paying.
Confirm whether the land is mortgaged and how the unit will be released.
Ask whether funds go through a trust or an escrow type account.
Define delivery date, penalties, specifications and refund in the contract.
State every payment and its method in the final act.
On completion, require removal of the in progress note.

Common traps

The Civil Code text on arras can defeat a firm purchase if the deposit is labeled arras, because either side may withdraw.
Ley 189-11 art. 58 is an option for developers, not a duty. A buyer has no statutory escrow in the texts reviewed.
A licence expires after one year unless renewed. See real-estate/building-permits-and-subdivision.
Cash above the limit counts from the first instalment. See real-estate/cash-limits-and-aml-in-property-deals.

Sources

← Unregistered land, constancias anotadas and deslindeTransfer tax and closing costs →

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