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Notary on Curaçao: Step-by-Step Guide

by Aida Moret on February 23, 2024
Notary on Curaçao: Step-by-Step Guide

If you’re looking to buy a house on Curaçao, one of the most crucial steps is involving a notary in the process. On this beautiful island in the Caribbean, the role of the notary is essential in ensuring a smooth and legally correct transfer of real estate. Here’s an overview of how this process typically unfolds.

Step 1: Finding Your Dream Home

Before diving into the legal procedures, it’s essential to find the house of your dreams. Curaçao offers a range of stunning homes, from colorful colonial villas to modern apartments overlooking the azure blue sea. Once you’ve made your choice, the buying process begins.

Step 2: Compliance Investigation and Preliminary Purchase Agreement

Before the actual purchase agreement is drawn up, a compliance investigation is carried out by the notary. This involves verifying all necessary documents from both the buyer and the seller. The notary also checks if the seller is indeed the rightful owner and how the buyer is funding the purchase. Following this investigation, a preliminary purchase agreement is usually drafted, outlining the transaction details such as the price, payment terms, and transfer date.

Step 3: Due Diligence and Research

Before finalizing the sale, the notary conducts a thorough investigation into the property. This includes checking the property deed to confirm the seller’s rightful ownership and ensuring there are no outstanding debts or mortgages on the property. This process, known as “due diligence,” ensures the buyer can proceed with confidence.

Step 4: Drafting the Draft Deed of Conveyance

If everything checks out, the notary will draft a concept version of the “deed of conveyance.” This version is sent to both the buyer and seller for review. Upon agreement from both parties, the final deed will be prepared.

Step 5: The Transfer

On the day of the transfer, all involved parties gather at the notary’s office. This typically includes the buyer, seller, real estate agents, and any witnesses. The notary reads out the deed of conveyance and invites all parties to sign. Once all signatures are collected, and any payments are settled, the property is officially transferred to the buyer.

Step 6: Enjoy Your New Home on Curaçao

Congratulations! Now that you’re the proud owner of a beautiful home on Curaçao, it’s time to relax and enjoy island life. Whether you opt for sun-soaked days on the beach, diving into the crystal-clear waters, or simply relaxing on your own terrace overlooking the ocean, Curaçao has something for everyone.

A Reliable Partner: Moret Real Estate

When buying real estate on Curaçao, it’s vital to have a reliable and experienced real estate agent by your side. Moret Real Estate is an example of such a partner, with our in-depth knowledge of the local market, we can guide you through the entire purchasing process, from finding the perfect home to the transfer at the notary.

What to Consider When Engaging a Notary on Curaçao?

a. Notary Fees and Rates Beforehand, inquire about the fees and costs charged by the notary for their services. These costs can vary based on the property’s value and the complexity of the transaction. Ensure you have a clear understanding of these costs before proceeding.

b. Notary’s Responsibilities Ask the notary about their specific role and responsibilities in the buying process. The notary ensures all legal aspects of the transaction are correctly handled, including drafting the deed of conveyance and conducting necessary investigations.

c. Verification of Property Documents The notary conducts a thorough investigation into the property’s documents to confirm the seller’s rightful ownership and the absence of any outstanding debts or claims on the property. Provide all necessary documents and request regular updates on the investigation’s progress.

d. Agreements and Payment Terms Discuss with the notary the specific agreements and payment terms that will be included in the deed of conveyance. This includes the exact price of the house, the transfer date, and any special conditions agreed upon between the buyer and seller.

e. Final Notarial Deed of Conveyance The notary will prepare the final notarial deed of conveyance, which is the official document confirming the property’s transfer. Take the time to carefully review this deed before signing and ensure all details are accurate.

f. Aftercare and Questions After the transfer, the notary should be available for any questions or concerns you have regarding the property. They can also advise on further steps, such as registering the property with the appropriate authorities.

g. Collaboration between Realtor and Notary Lastly, it’s important to have a good collaboration between the real estate agent and the notary. This will ensure a smooth buying process and a seamless transfer of ownership.

Best of luck with the process!


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