Buying With a Power of Attorney in the DR: When It Is Safe and When It Is Not

Martín lived in New York and wanted to buy a house in Santiago. His sister signed for him with a power of attorney. All went well because they verified the power with the notary, checked that it authorized that specific transaction and paid through official channels. That is the happy version.

Other buyers and sellers are not so lucky. A forged, expired or overly broad power of attorney can cost the purchase.

What a power of attorney is

It is a document in which one person authorizes another, called the attorney-in-fact, to act on their behalf. In real estate sales and purchases it is common when the owner or buyer is outside the country or cannot attend the signing.

It is legitimate and widely used. What matters is that it is real, valid and sufficient for the transaction.

What to check in the power of attorney

1. That it is specific. It should state whether it authorizes selling, buying, receiving money or signing deeds. A generic one may not be enough.
2. That it identifies the property, with parcel or property data, if it is for a sale.
3. Validity. They can have a term, and they can be revoked. Confirm it has not been cancelled.
4. Who legalized it. It must be notarized and, if signed abroad, meet the legalization and translation requirements to be used in the DR.
5. That the attorney-in-fact is who they say they are, with their ID and in-person verification.

How to verify it

• Call the notary who issued it, using contact details you found yourself, not those the attorney-in-fact gave you.
• Ask for a recent certified copy.
• Speak to the principal directly, by video call if abroad, and confirm they know about the transaction and the price.
• With an independent lawyer, confirm the power covers the act that will be signed.

If you buy with a power of attorney: protect your money

Always pay through verifiable channels and into the titleholder's account or against signed documents. Avoid cash and payments to third-party accounts. Before paying, confirm the title with how to check a property title in the DR before you buy and how to find out who owns a property.

Red flags

• The attorney-in-fact cannot put you in touch with the owner.
• A power with erasures or no clear property details.
• Extreme rush or a suspiciously low price.
• Cash payments or payments to different accounts.
• Refusal to let a notary or lawyer review the power.

If you buy from abroad, also read how to avoid real estate scams when buying from abroad.

When you are ready to search, browse apartments for sale in Santo Domingo with verified agents.