What good is a spectacular project with an ocean view if the title is in dispute?
What's the point of selling an apartment if the contract has abusive clauses and the buyer is left at risk?
And what's the point of selling a project if the land it's on isn't even surveyed?
These were the questions with which I began my keynote address at the "Safe Subways, Real Estate Investment Squared" Forum. And the reaction of the more than 200 professionals present confirmed something for me: we all know these problems exist, but few take action to prevent them.
The enemy we all ignore
In my 20 years protecting real estate investments, I've identified four recurring threats that I've dubbed "the predators of legal certainty." These aren't abstract concepts. They're real problems that destroy transactions, ruin reputations, and leave clients unprotected. And the worst part: they're completely avoidable.
Let me share a real case I presented at the conference. In Punta Cana, a developer pre-sold dozens of units without having legal title to the land. The result was a consumer protection order from ProConsumidor for refunds and compensation, and the application of Law 126-02 on Electronic Commerce and Law 108-05 on Real Estate Registration.
When an actor in the system disrespects legal certainty, this has a regime of consequences.
Predator #1: Titles in the name of third parties or deceased persons
This is the classic "don't worry, we'll sort that out later" scenario. A homeowner is selling a property that's still registered in the name of their deceased father, or worse, in the name of someone who isn't even involved in the transaction.
The danger: The buyer is buying a problem that can explode when unknown heirs appear claiming rights.
How to protect yourself: Verify that the seller is the current registered owner. Do not accept promises to "transfer later." The title must be in your name before any financial commitment.
Predator #2: Land without boundary demarcation or parcel regulation
Selling land without clear boundaries is like building on shifting sands. It doesn't matter how beautiful the project is if the legal foundation is lacking.
The danger: Without an approved cadastral survey, there is no certainty about the exact boundaries of the land, there is no condominium regime, which opens the door to conflicts with neighbors and in the worst scenario, the impossibility of registering co-ownership.
How to protect yourself: Demand the final title certificate, already individualized and processed by the Regional Directorate of Cadastral Surveys. It's not a "pending procedure." It's a fundamental requirement.
Predator #3: Litigious Properties
I've seen promotions for "spectacular" projects when the land where they're to be built is involved in active litigation and the ownership rights are being challenged in court. And here I want to be absolutely clear: those properties shouldn't be on the market. It's not a matter of "mentioning it in the contract" or "being transparent," or "providing a certificate stating this." They shouldn't be sold until the litigation is resolved. Selling with the promise that "the litigation will be settled before delivery" is pure irresponsibility. Sometimes even the judges don't know when and how the conflict between the parties will be resolved. And while it exists: the bank won't finance a property with a registered litigation, no informed buyer will purchase it, there are no permits, no licenses, no condominium regime. You're not selling a property. You're selling a legal problem with an unknown resolution date.
And here's something many agents overlook: if you were informed, or notified through certification, that a lawsuit, and you still sell the property, you can't plead ignorance of the future consequences. When the project isn't built, when your client doesn't receive what they purchased, when your client loses their investment, you, as the agent, were an active part of the problem. Ignorance is not a legal defense when the information was available and accessible.
The danger: A property in dispute can change ownership by court order. The buyer could lose their entire investment if the ruling favors the other party. And the agent who sold the property knowing about the problem could face legal consequences.
How to protect yourself: Request the property's legal status certificate issued by the Land Registry. This document reveals any liens, restrictions, or legal proceedings against the property. And if it reveals litigation: don't sell. Period.
Predator #4: Unauthorized Projects
Selling units in projects without approved building permits is like playing Russian roulette with your customers' money.
The danger: Without proper permits, the project won't start; if it does, it could be halted, fined, or even demolished. Buyers are left in a legal limbo with no delivery date and their investment at risk.
How to protect yourself: Verify that all necessary building permits, municipal approvals, and environmental licenses are in place. Don't sell promises; sell certainties backed by documentation.
The contrast that says it all
At the same conference I shared the opposite case: a developer who managed to sell 90% of his units before starting construction and delivered the project 6 months ahead of schedule.
The difference? All the documentation is legally impeccable and all permits are approved. Legal certainty in action.
Two projects. Two destinations. The determining factor: respect for legal certainty.
An Inconvenient Truth
During my lecture, I said something that caused silence in the room:
“Our wallets can wait, but the risk we subject a customer to when we sell them a problem doesn’t wait to explode«.
As professionals in this sector, we have a responsibility that goes beyond closing sales. We are guardians of our clients' most important investments: their homes, their assets, their dreams.
Your arsenal of protection
Law 108-05 on Real Estate Registration gives us four pillars:
- Title registration: Certainty regarding ownership
- Registry publicity: Transparency of rights
- Non-enforceability against third parties: Protection against claims
- Cadastral certainty: Precise delimitation of properties
These are tools that we must use in every transaction.
The call to action
If you are a real estate agent, developer, or investor, ask yourself:
Did your last transaction involve any of these four predators?
If the answer is yes, it's time to raise your standards. Because legal certainty doesn't stand on its own. It needs committed actors to strengthen it.
And if we don't, investors will take their resources to other countries.
The Dominican Republic has doubled its score on property rights, going from 25 to 56 points between 2016 and 2024, surpassing the world average according to The Global Economy.
We have the tools. We have the legal framework. We just need to use them.
Legal certainty is the master key that unlocks predictable sales, stable cash flow, trusting customers, and a solid reputation.
The final question: Will you be part of the problem or part of the solution?
Because at the end of the day, a predator can only attack if you open the door for it.
