When that date passed without delivery, Dominican civil law gave you specific rights: full restitution, interest on every payment, and contractual penalties. Most buyers do not know this. Most developers count on it.
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These are the situations I work with most. Each has a different legal path.
Your contract had a delivery date. It passed. The developer sent emails about "minor setbacks." You are still waiting. Under Dominican civil law, that date is a binding obligation. When it is missed, you have the right to demand performance, rescind the contract, and recover everything you paid, plus interest.
What this means for you →Construction was happening, then it slowed. Now it may have stopped entirely. When you file your formal demand and how you document the breach will largely determine what you recover. Waiting and hoping the project resumes is rarely the right call.
When to act →You bought into a branded resort. The brand pulled out. The developer sent a vague update. A formal brand termination is documented evidence of breach that did not come from you; it came from the brand itself. In most cases, that is strong ground for rescission.
Your options →You have a promesa de compraventa in front of you. Possibly in Spanish. You want to know what it actually says, what is missing, and what happens if the developer does not perform. The red flags in a DR purchase contract are not always obvious.
What to check →You found a property you like. You want to know if the title is clean, the seller can convey, there are no tax liens, and the physical property matches what the registry says. Due diligence before the wire is the difference between a safe purchase and a costly dispute.
What due diligence covers →Something already went wrong. A deposit disappeared. A title does not match. A deed was signed but never registered. You have already lost time and possibly money. The question is what you can still recover, and how to position the claim correctly from here.
Recovery options →Based on JPI La Altagracia case data for pre-construction rescission (buyer success rate: approximately 70%).
The combination of restitution plus interest often means buyers recover more than they paid.
WhatsApp or email. Tell me the project name, the delivery date in your contract, and how much you have paid. That is enough to start.
I will tell you whether you have a clear breach, what your contract actually says about remedies, and what realistic recovery looks like. Not a sales pitch. A straight read on your situation.
No pressure. If the case makes sense to pursue, I will explain the path and the cost. If it does not, I will tell you that too. The consultation is free.
"Our developer in Bávaro went completely dark after 26 months of delays. Esteban analyzed the contract, calculated the penalties, and filed for rescission. We recovered our full investment plus $28,000 in contractual penalties."
"I almost signed a contract on a Cap Cana villa with a title issue buried in the registry. Esteban found it in the due diligence phase. Six months later, that property was in court with four other buyers who didn't do their homework."
"My mother passed away leaving a house in Bávaro and an apartment in Punta Cana Resort. Esteban handled the entire process in English. It took seven months. Every step was explained."
When a contractual delivery date passes without delivery, the developer is in breach. The first step is a formal demand (puesta en mora) served by counsel, which puts the breach on the official legal record. If the developer does not cure after that, you can file for judicial rescission: all amounts paid, legal interest from each payment, any penalty clause amounts in the contract, and compensatory damages for documented losses.
The most expensive thing buyers do here: reply to the developer's email asking for more time, without checking with a lawyer first. Depending on how that reply is worded, you may be waiving your right to rescind on the original terms.
Yes. Article 55 of the Dominican Constitution and Article 10 of Law 108-05 on Real Property Registration both recognize foreign ownership explicitly. You do not need residency, a Dominican corporation, or a local partner. You can hold title in your own name and sell without restriction.
The risks for foreign buyers are transactional, not ownership-based: paying before due diligence is complete, closing without registration, or structuring through the wrong entity for your tax situation.
You need a search at the Registro de Títulos for the certificate of title, registered liens, ownership history, and pending legal actions. A clean registry entry is not enough on its own. You also need a DGII tax-status check, an independent surveyor report confirming physical boundaries match what is on file, and confirmation that permits and the condominium regime are formally registered.
A notarized deed does not transfer ownership in the Dominican Republic. Transfer happens when the deed is filed and recorded at the Registry. Buyers have signed, paid in full, and flown home with a deed that was never registered, then found out a year later the property was still in the seller's name.
In most condotel purchase agreements, the hotel brand affiliation was a material term. It was a significant reason you bought, often tied directly to rental income projections and the credibility of the management model. When the brand formally terminates, that may be grounds for rescission based on material misrepresentation or a fundamental change in what you contracted to buy.
The brand's termination document is particularly useful in litigation because it is third-party evidence that did not come from you. A major hotel brand walked away from a business relationship. That speaks for itself.
A formal demand and negotiated settlement can resolve in 6 to 12 weeks. Judicial rescission through JPI La Altagracia typically takes 12 to 24 months from filing to judgment. Cases with clean documentation and a formal demand filed early move faster. Cases where the buyer waited years, signed amended agreements, or lost payment records take longer.
How quickly you acted after the breach became clear is usually the biggest factor in how long recovery takes.
For purchase transactions, fees are typically a percentage of the property value, which is the standard in Dominican law. For disputes and rescission, I work on agreed retainer or hourly structures depending on the case. The first 20-minute consultation is free. You will know the cost before any work begins.
Send me the project name, the delivery date in your contract, and how much you have paid. I will tell you where you stand, within 24 hours, in plain English. No obligation.
+1 (829) 259-8645 · esanchez@caribbeancounseldr.com · Punta Cana, Dominican Republic