Your rights as an off-plan buyer in the Dominican Republic.

Before you buy: check the land, not just the brochure

Most problems are visible in the public record before you pay a peso. A good attorney can check all of this quickly.

1. Pull the Registry of Titles certificate

Ask your lawyer to obtain a Certificación del Estado Jurídico del Inmueble from the Registry of Titles (Registro de Títulos) for the exact parcel. It shows the current owner and any registered mortgages, liens, charges or restrictions. If the development land is mortgaged to a bank, that will usually appear here. Get this before you sign, and again before any large instalment or before taking delivery.

2. Read the delivery and penalty terms

Look for a firm delivery date and a penalty on the developer for late delivery, not only a penalty on you for late payment. A contract that punishes only the buyer is a red flag.

3. Get the "free of charges" promise in writing

Many contracts promise to deliver title "libre de cargas y gravámenes" (free of charges and encumbrances). That is good, but confirm the current registry status too. A promise about the future does not tell you what is registered against the land today.

4. Use independent escrow and independent counsel

Where possible, pay into independent escrow against milestones, and have an independent attorney review every document. Confirm key promises by email so there is a written record.

If a developer delivers late

This is where you should be guided by a Dominican lawyer. The points below are general themes buyers commonly raise, not legal conclusions about your case.

• Reciprocal obligations

  A sale is generally treated as a reciprocal contract: the seller must deliver, and the buyer must pay. Buyers often ask their lawyer whether a developer's own serious failure to deliver on time affects the buyer's obligation to keep paying.

• Reasonable time

  Even where a contract is loosely worded, buyers ask whether the developer was still required to deliver within a reasonable period, and what happens when the delay runs to years.

• Fairness and penalty clauses

  Buyers frequently ask whether a developer can rely on a penalty clause to keep the buyer's money when the developer itself has not delivered years after the promised date.

Do not stop paying on your own initiative. Whether you may suspend payment, terminate, or claim a refund depends on your contract and Dominican law. Withholding payment incorrectly can put you in breach. Get advice first.

If you have already bought and are stuck

Three practical steps:

1. Gather everything. Your Promise of Sale, every receipt, all communications, and any demand or termination letters from the developer.

2. Take independent advice. An attorney licensed in the Dominican Republic, and, if you are a foreign buyer, international counsel who can coordinate.

3. Find the other buyers. Buyers of the same development can compare contracts, share evidence and act together, which is often stronger and cheaper than going alone.