Notary on Curacao: Step by Step in Buying a Home

by Aida Moret on February 23, 2024

If you want to buy a home on Curacao, one of the most important steps is to involve 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 is an overview of how this process usually goes.

Step 1: Finding Your Dream Home

Before you begin the legal procedures, it is of course important to find the home of your dreams. Curaçao offers an array of beautiful homes, from colorful colonial villas to modern apartments overlooking the azure sea. Once you have made your choice, the process of purchasing begins.

Step 2: Compliance Research and Preliminary Purchase Agreement.

Before the actual purchase agreement is drawn up, a compliance investigation must be conducted by the notary. This involves checking all the required documents from both the buyer and the seller. It also involves checking whether the seller is actually the owner and how the buyer got the money for the purchase. After this investigation, a preliminary sales agreement is usually drawn up, which contains the details of the transaction, such as the price, payment terms and the date of the transfer.

Step 3: Due Diligence and Research.

Before the sale becomes final, the notary will conduct a thorough examination of the property. This includes checking the title deed to confirm that the seller is actually the rightful owner and that there are no outstanding debts or mortgages resting on the property. This process is known as “due diligence” and ensures that the buyer can buy with peace of mind.

Step 4: Drawing up the Draft Deed of Transfer

If everything is found to be in order, the notary will prepare a draft version of the “deed of delivery.” This version will be sent to both the buyer and the seller for review. Upon the agreement of both parties, the final deed will be prepared.

Step 5: The Transfer

On the day of the transfer, all parties involved meet at the notary’s office. This usually includes the buyer, seller, real estate agents and any witnesses. The notary will read the deed of transfer and invite all parties to sign. Once all signatures have been obtained and any payments made, ownership is officially transferred to the buyer.

Step 6: Enjoy your new home in Curacao

Congratulations!!! Now that you’re the proud owner of a beautiful home in Curaçao, it’s time to relax and enjoy island life. Whether you choose sun-drenched days on the beach, diving in 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 in Curacao, it is vital to have a reliable and experienced real estate agent on 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 purchase process, from finding the perfect home to the transfer at the notary.

What should you pay attention to when hiring a Notary Public in Curacao?

Notary Fees and Rates Inquire in advance about the rates and fees the notary will charge for his services. These fees may vary based on the value of the property and the complexity of the transaction. Make sure you have a clear idea of these fees before proceeding.

Obligations of the Notary Ask the notary about his specific role and responsibilities in the purchase process. The notary will ensure that all legal aspects of the transaction are handled correctly, including preparing the deed of conveyance and conducting the necessary surveys.

Verification of Ownership Documents The notary will conduct a thorough examination of the property’s ownership documents to confirm that the seller is the rightful owner and that there are no outstanding debts or claims on the property. Be sure to provide all necessary documents and ask for regular updates on the progress of the investigation.

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 date of transfer and any special terms agreed upon between the buyer and seller.

Notarial Deed of Delivery The notary will prepare the final notarial deed of delivery, which is the official document confirming the transfer of ownership of the house. Take the time to read this deed carefully before signing and make sure all the details are correct.

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

Cooperation with Broker and Notary It is important to have good cooperation between the broker and the notary. This will ensure a smooth running of the buying process and a smooth transfer of the property.