Releasing Equity From Dominican Property: Four Routes

Updated 16 September 2026

A buyer from the United States, Canada or the United Kingdom knows a notary as someone who witnesses a signature for a small fee. The Dominican notary is something else entirely — a licensed attorney holding a public commission, whose intervention gives a document legal force. Here's the real picture: what the notario público does, at which points in a purchase, and why the difference matters.

Quick Answers

What is a notary in the Dominican Republic?

A licensed attorney who also holds a notarial commission from the Supreme Court of Justice, exercising a public function: authenticating documents and certifying that the parties signed them freely and with legal capacity.

This is the civil law notary — a legal professional whose intervention confers authenticity, not a clerk witnessing a signature.

How is that different from a notary at home?

A common law notary in the United States, Canada or the United Kingdom verifies identity and witnesses a signature. A Dominican notario is a qualified lawyer whose authentication makes a document an acto auténtico — a public instrument with evidential force.

The Dominican function is closer to a civil law notary in France, Spain or Quebec than to a US notary public.

What does the notary do in a property purchase?

Authenticates the promesa de venta where the parties choose that form, authenticates the acto de venta — the transfer deed — and certifies the signatures, identities and capacity of the parties.

The authenticated acto de venta is the instrument filed with the Registro de Títulos for transfer of title.

What is the acto de venta?

The transfer deed. It records the sale, identifies the parties and the property by cadastral designation, states the price, and is authenticated by the notary.

It is the document that, once registered, results in the Certificado de Título being issued in the buyer's name.

Is the notary the same as my attorney?

Not necessarily, and they are separate roles. Your attorney represents you. The notary authenticates the instrument for both parties and is impartial.

In practice many Dominican attorneys hold a notarial commission, and the firm representing you may include a notary who authenticates the deed — acting in that capacity for the instrument rather than for either party.

Does the notary verify title?

No. The notary certifies that the parties signed the deed, that they were who they said, and that they had capacity. Title verification is your attorney's work, done before the deed is prepared.

The two functions are complementary. The attorney establishes what is being sold; the notary authenticates the sale.

Who pays the notary?

The notarial fee is part of the buyer's legal costs. Blue Sail Realty covers the buyer's legal fee at closing, which is a flat 1% inclusive of notary, filing, title transfer and contracts.

The 3% ITBI transfer tax is the separate government cost.

Does the notary need to be present at closing?

The notary authenticates the signatures on the acto de venta. Where the buyer completes under a power of attorney, the attorney-in-fact signs before the notary on the buyer's behalf.

The buyer is not required to be present.

What happens after the notary authenticates the deed?

The authenticated acto de venta is filed with the Registro de Títulos together with proof of payment of the 3% ITBI. The Registro cancels the seller's certificate and issues a new Certificado de Título in the buyer's name.

That registration is the moment ownership transfers under the Torrens system.

Are documents signed abroad handled by the Dominican notary?

No — a document signed abroad is notarised by a notary in that country and apostilled. The Dominican Republic has been a party to the Hague Apostille Convention since 2009.

The Dominican notary's function applies to instruments executed in the Dominican Republic.

Two Different Notaries

The practical consequence for a foreign buyer is that the notary's authentication of the acto de venta is a legal event, not a formality. It is what gives the transfer deed the status required for registration.

Where the Notary Enters the Transaction

1. The promesa de venta

The preliminary purchase contract may be executed as a private document between the parties or authenticated by a notary. Notarial authentication gives it the status of a public instrument. Your attorney advises which form suits the transaction.

2. The acto de venta

The transfer deed is always authenticated. The notary identifies the parties, confirms their capacity to contract, confirms that they sign freely, and authenticates the instrument. Where the buyer completes under a power of attorney, the attorney-in-fact signs before the notary, and the apostilled power is annexed.

3. Registration

The authenticated acto de venta, with proof of payment of the 3% ITBI, is filed with the Registro de Títulos. The Registro cancels the seller's Certificado de Título and issues a new one in the buyer's name. Under Law 108-05 the register is the authoritative statement of ownership and the state guarantees it.

What the Notary Certifies, and What It Does Not

Everything in the right-hand column is the buyer's attorney's work, done before the deed is drawn. The notary's function begins once that work is complete and the parties are ready to transfer. The two roles are complementary and both are necessary.

Where the Notary Sits in the Legal Fee

Blue Sail Realty covers the buyer's legal fee at closing. That fee is a flat 1% of the purchase price and is inclusive of notary, filing, title transfer and contracts — so the notarial authentication of the acto de venta is within it, not billed on top.

We recommend one of the top three firms we work with — established Dominican practices whose attorneys hold notarial commissions and have a record on foreign-buyer transfers and remote closings.

Methodology

The Dominican notario público as a licensed attorney holding a notarial commission from the Supreme Court of Justice, and the civil law notarial function of authenticating instruments and conferring public-document status, reflect Dominican law and practice. The acto de venta as the transfer instrument, its authentication, and the registration process under which the Registro de Títulos cancels the seller's certificate and issues a new Certificado de Título are governed by Law No. 108-05 on Real Estate Registry. The 3% ITBI transfer tax is verified against DGII published rates. The 1% inclusive legal fee reflects Blue Sail Realty's own transaction structure. The Dominican Republic has been a party to the Hague Apostille Convention since 2009. This page is reviewed and updated quarterly.