Two years to transfer title on new property??????

Status
Not open for further replies.

suzannel

New member
Jun 7, 2006
366
10
0
We purchased a condo in a new development in Cabarete 2 years ago. We have a very well known lawyer from Sosua handling the purchase and we are certain that the developpers had the titles.
We are not questionning the legitimacy of the transaction, what I would like to know is why it takes so long to obtain the actual titles.
We have spoken to other purchasers who tell us that it is a normal waiting period for transfers....
Many communications with the lawyers have resulted in the same responses, they are working on it, it takes time......
Have any of you had this type of problem???? Is this Normal???
 

solisdad2000

New member
Aug 31, 2005
79
4
0
I had the same problem with a transfer of title that was held by a bank against a loan to my seller. The loan had been paid off, there were no legal issues but nothing happened. I had to change lawyers because the first one did nothing but ask an occasional question about progress, only to be fobbed off with a lame excuse. In the end, nothing happened until I went to where the title should have been, the bank branch, where I made a repeated nuisance of myself, noisely, to the bank manager. I did also mention that were his promises not kept, I would ask the British Embassy to assist and in particular to raise the matter with Leonel (i.e. The President). Of course, the Embassy would probably have done no such thing but how is a bank manager to know that? I got my title promptly!

Can't say it would work for you as I don't know all your circumstances but, in general, personal representation works for me and only by going straight to the top. Only exception I've found is where it involves a government office - where nothing works (except under the table stuff).
 

Robert

Stay Frosty!
Jan 2, 1999
20,574
341
83
dr1.com
We purchased a condo in a new development in Cabarete 2 years ago. We have a very well known lawyer from Sosua handling the purchase and we are certain that the developpers had the titles.
We are not questionning the legitimacy of the transaction, what I would like to know is why it takes so long to obtain the actual titles.
We have spoken to other purchasers who tell us that it is a normal waiting period for transfers....
Many communications with the lawyers have resulted in the same responses, they are working on it, it takes time......
Have any of you had this type of problem???? Is this Normal???

It's not uncommon for for new titles to take 2 years or longer in some cases.

What development?
 

Bob K

Silver
Aug 16, 2004
2,520
121
63
If it is a new condo complex chances are the tittle could not be applied for until all units were completed then because of the "new" deslinda law all have to be partitioned off of the main tittle of the property and then filed individually, not to mention the condo regs and covenants all need to be approved before tittles can be issued. All being said with a new complex 2 years or more is not unusual.

Bob K
 

suzannel

New member
Jun 7, 2006
366
10
0
If it is a new condo complex chances are the tittle could not be applied for until all units were completed then because of the "new" deslinda law all have to be partitioned off of the main tittle of the property and then filed individually, not to mention the condo regs and covenants all need to be approved before tittles can be issued. All being said with a new complex 2 years or more is not unusual.

Bob K

Bob, thank you. All the units and in fact the total complexe has been fullu finished and operational for 2 years. Some units have even been re-sold. Condo regulations and all necessary documents have been done and approved. As mentionned, certain owners have received their titles, and our lawyer is telling us to wait that they are working on it. By the way this lawyer handled all of the sales in this complexe.
 

The Virginian

Bronze
Mar 16, 2007
929
8
18
It took a little over a year to get our title on a new house. We then discovered it would be best to have a deslinda. That has taken another 6 months and still waiting. Several visits to the surveyor’s office and we are told another month or 2. WOW, long time.
 

suzannel

New member
Jun 7, 2006
366
10
0
It's not uncommon for for new titles to take 2 years or longer in some cases.

What development?

Robert,
Do you know where the problem stems from???? Is it an incompetency problem within the governmental agency issuing the titles or is it a lack of proper follow-up by our Legal Firm??? I don't know any more........
 

Robert

Stay Frosty!
Jan 2, 1999
20,574
341
83
dr1.com
Robert,
Do you know where the problem stems from???? Is it an incompetency problem within the governmental agency issuing the titles or is it a lack of proper follow-up by our Legal Firm??? I don't know any more........

I have no idea.

Title issuing can be slow here, the slightest error and your back to the end of the line.

Who's the lawyer?
 

PJT

Silver
Jan 8, 2002
3,564
300
83
Two Cents Worth

Just to add PJT's two cents.

I have found that the delay in two transactions I have been active in has been on the part of the DGII, the tax department. In order transfer a title, proof has to be obtained that taxes have been paid on the property before the existing title can be submitted to the land registry to make the changes to reflect the new and present owners.

Due to non-payment of taxes and corruption issues, the DGII has slowed the process of obtaining titles. The DGII researches all the paperwork submitted to them to prove all taxes have been paid for the property involved in a transaction. This can take up to a year in some cases. Once they have proved a property is clear of any taxes, then the paperwork can be retrieved by the lawyer(s) and submitted to the Land Registry along with titles to be transfered.

The initial process (tax issue) is usually done at the DGII at the provincial level. However, in some cases the paperwork is referred to the offices in Santo Domingo especially when it involves the partitioning of large property parcels into smaller units and/or may include tax breaks for developers of these large tracks of land. That process in turn, morphs into possible tax breaks for the purchasers. The down side of this process is when it is discovered the developer is found not to have paid taxes (if applicable) on the parcels sold, the DGII will not sign off on an approval until taxes are paid. Note: This is a case when the sellers of property are more concerned about obtaining your purchase cash rather than disclosing to you the taxes have not been paid, "buyer beware".

This above part is what most people don't hear or know about as the lawyers handling the situation are mum or not apprised of the reasons for delay; and they, the lawyers, are not proactive enough to follow through on their commitments, meaning they don't like to mix it up with the government. No big deal, manana, manana. You have to inquire of your lawyers as to where the paperwork is and what they are doing to push it along. Has it been submitted to the land registry or still hung up in the DGII. Ask of them proof (receipts) they have submitted documents to the government agencies. The receipts will tell you where the documents are and if your lawyer is working in your interest.

Best one can do, if they really want to find out what is happening, is to get involved with the process and investigate where the paperwork is. If you want to get something done, do it yourself.

Regards,
PJT
 
  • Like
Reactions: Robert

solisdad2000

New member
Aug 31, 2005
79
4
0
You can NOT trust lawyers here as a general rule. Some are trustworthy but by no means all. Some steal (sometimes conspiring with others), some are just totally incompetent. So if others have title to their property and you do not, I strongly advise you to bypass your lawyer and speak directly to the person who should be providing the title. If you do not know who this is, ask your lawyer and if he stalls, ask a DIFFERENT lawyer immediately. Demand of the source (of the title) that they tell you EXACTLY what the problem is. Compare their answer to the fact that others have their tile and to what your lawyer told you. If the answers does not make sense, there' something wrong. Tell them so and demand an answer that does make sense of all stories. If still not satisfied, you need a different lawyer or threaten the source with the fact that you'll go to your Embassy to complain and ask for the President's intervention (remember, the President has personally promised on various occasions that foreigners are protected here. Remind people of it.)

I say again, make a nuisance of yourself - do not allow people, especially your lawyer who should be working for YOU (so answering all your questions in full) to fob you off with requests for your patience - demand to know and see what is going on. What did he ask, of whom, when, what did they say, where's the proof (I bet it was all supposedly by phone - no proof!)

Do not pay lawyers with cash. pay by check and say what the payment is for on the cheque if possible (there's always a space somewhere). Get receipts.

Do not worry - most delay is incompetence. But don't give a chance for someone to steal from you because given the chance, they will. Take back control because at the moment you do not have it, your uninformative lawyer does.
 
  • Like
Reactions: Conchman

Robert

Stay Frosty!
Jan 2, 1999
20,574
341
83
dr1.com
Robert, I sent a PM with the name of the lawyer

Suzanne

Thanks. He's a good lawyer, well known in Sosua.

I think you'll find he has a heavy workload, hence the delay.
Your not the first person to mention this in regards to this particular lawyer.
 

Conchman

Silver
Jul 3, 2002
4,586
160
63
57
www.oceanworld.net
You can NOT trust lawyers here as a general rule. Some are trustworthy but by no means all. Some steal (sometimes conspiring with others), some are just totally incompetent. So if others have title to their property and you do not, I strongly advise you to bypass your lawyer and speak directly to the person who should be providing the title. If you do not know who this is, ask your lawyer and if he stalls, ask a DIFFERENT lawyer immediately. Demand of the source (of the title) that they tell you EXACTLY what the problem is. Compare their answer to the fact that others have their tile and to what your lawyer told you. If the answers does not make sense, there' something wrong. Tell them so and demand an answer that does make sense of all stories. If still not satisfied, you need a different lawyer or threaten the source with the fact that you'll go to your Embassy to complain and ask for the President's intervention (remember, the President has personally promised on various occasions that foreigners are protected here. Remind people of it.)

I say again, make a nuisance of yourself - do not allow people, especially your lawyer who should be working for YOU (so answering all your questions in full) to fob you off with requests for your patience - demand to know and see what is going on. What did he ask, of whom, when, what did they say, where's the proof (I bet it was all supposedly by phone - no proof!)

Do not pay lawyers with cash. pay by check and say what the payment is for on the cheque if possible (there's always a space somewhere). Get receipts.

Do not worry - most delay is incompetence. But don't give a chance for someone to steal from you because given the chance, they will. Take back control because at the moment you do not have it, your uninformative lawyer does.


This is very good advice for the DR!
 

AK74

On Vacation!
Jun 18, 2007
842
36
0
We purchased a condo in a new development in Cabarete 2 years ago. We have a very well known lawyer from Sosua handling the purchase and we are certain that the developpers had the titles.
We are not questionning the legitimacy of the transaction, what I would like to know is why it takes so long to obtain the actual titles.
We have spoken to other purchasers who tell us that it is a normal waiting period for transfers....
Many communications with the lawyers have resulted in the same responses, they are working on it, it takes time......
Have any of you had this type of problem???? Is this Normal???


A female friend of mine purchased land from Perdomo well over two years ago (Cabarete, waterfront, approximatelly across the street from casino) and still does not have title.

So, it is not uncommon.

On her land even sign "SE VENDE" is not removed so far.

She lives in a remote different country and is abit concerned already to tell the truth.

He explains that half of this small lot belongs to one owner and another half - to a different owner. I cannot comment. It is just his explanation of the delay.
 

suzannel

New member
Jun 7, 2006
366
10
0
A female friend of mine purchased land from Perdomo well over two years ago (Cabarete, waterfront, approximatelly across the street from casino) and still does not have title.

So, it is not uncommon.

On her land even sign "SE VENDE" is not removed so far.

She lives in a remote different country and is abit concerned already to tell the truth.

He explains that half of this small lot belongs to one owner and another half - to a different owner. I cannot comment. It is just his explanation of the delay.


Thank you for your response, as mentionned what is puzzling is that some of the other owners have received their titles and we still have not, our lawyer has requested that we resend copies of our passports which we had already given him two years ago. I suspect that with the delay, our passports had expired and they needed a copy of the new one, the problem is that when we ask questions we get the usual ..^(It should be received within a couple of weeks?? ).... it does get frustrating!!!!

From what I can see from the responses it is a natural process in the DR, but believe me it is so different from Canadian process where we do not pay any amount until the title is delivered, that having paid all costs and not have titles after two years is very scary......
 

SKY

Gold
Apr 11, 2004
13,489
3,624
113
Thank you for your response, as mentionned what is puzzling is that some of the other owners have received their titles and we still have not, our lawyer has requested that we resend copies of our passports which we had already given him two years ago. I suspect that with the delay, our passports had expired and they needed a copy of the new one, the problem is that when we ask questions we get the usual ..^(It should be received within a couple of weeks?? ).... it does get frustrating!!!!

From what I can see from the responses it is a natural process in the DR, but believe me it is so different from Canadian process where we do not pay any amount until the title is delivered, that having paid all costs and not have titles after two years is very scary......

It might be a natural process with Gringos that buy without titles, but I can guarantee you that not one Dominican that lives here will pay for a unit without receiving a Title with payment.
 
  • Like
Reactions: AK74

AK74

On Vacation!
Jun 18, 2007
842
36
0
It might be a natural process with Gringos that buy without titles, but I can guarantee you that not one Dominican that lives here will pay for a unit without receiving a Title with payment.

Amen......
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
If the condo or property has a Certificate of Title and the lawyer in charge of the closing does his or her homework, obtaining a new Certificate of Title in the name of the buyer should take no more than one to three months in the provinces and slightly longer in Santo Domingo.

Now, if the lawyer does not do his or her homework (due diligence) properly --usually because the broker, the seller, and sometimes even the buyer, want to "close fast"-- then all kinds of things may arise which will delay the issuance of a new title, for example: seller is not up to date with his taxes; there's a Certificate of Title missing from an old mortgage which has been paid out, etc.

Two old sayings should serve as a guide in these matters:

1) Go slowly but surely.
2) When you pay peanuts, you get monkeys.
 
Status
Not open for further replies.