Buying off-plan is a contract decision, not a property decision

When you buy pre-construction, you're not buying a finished thing. You're buying a contractual promise that a thing will be finished on certain terms. Most foreign buyers focus on the rendering and the price. The savvy ones focus on the contract clauses. Here are the seven non-negotiables.

1. Fiduciary escrow account

Your deposit MUST go to a bank-held fiduciary escrow account governed by DR Law 189-11, not to the developer's operating account. The contract must specify:

• The specific bank holding the escrow
• The escrow account number
• The terms under which funds are released to the developer (typically tied to construction milestones)

If a developer resists this, walk away. No reputable DR developer in 2026 should be collecting deposits without fiduciary escrow.

2. Delivery date with penalty clause

Contract should specify:

• Target delivery date
• Maximum grace period (typically 6 months in DR practice)
• Penalty for delays beyond grace period (typically 1-2% of contract value per month, or refund of deposit with interest)
• Buyer's right to cancel after extended delay (typically 12 months past original date)

Without these, you have no recourse if the project stalls.

3. Construction quality specifications

Don't accept "premium finishes" or "luxury kitchen appliances." Demand specifics:

• Specific brands and models for kitchen appliances
• Specific tile brands and dimensions
• Specific countertop material (porcelain, granite, quartz, with brand)
• Specific paint brand and lines
• Specific door, window, and AC brands
• Specific bathroom fixture brands

A 6-page spec sheet attached to your contract is the standard. Anything less and you're getting whatever the developer chooses to install.

4. Building shell vs. finish definitions

Clear definition of:

• What's included in the purchase price (the unit itself, parking spaces, storage)
• What's optional but available (upgraded finishes, furniture packages)
• What's NOT included (taxes, transfer fees, closing costs)
• HOA capital reserve contribution (one-time at handover) — should be a specific number

Many disputes arise from foreign buyers expecting items they assumed were included.

5. Floor plan modification rights

Some developers allow modifications during early construction phases. The contract should specify:

• Whether modifications are allowed
• The deadline for requesting them (often before slab pour for that floor)
• Any cost adjustments
• Who pays for modification design work

6. Right to inspect during construction

You should have:

• Right to visit the construction site with reasonable notice
• Right to bring an independent inspector
• Specific milestone inspections (foundation, framing, MEP rough-in, finishes)
• Right to receive monthly construction progress photos and reports

7. Title transfer mechanics

Specify:

• When the title transfers to you (typically at final payment + handover)
• The form of title (Constancia Anotada in your name)
• What happens if the developer's title is contested before handover
• Timeline for title issuance to you after final payment (typically 90-180 days)

What we negotiate for clients

For every pre-construction recommendation we make, we work with the buyer's attorney to push for all seven clauses. We've negotiated additional clauses on specific deals:

• Force majeure with specific exclusions (Hurricane, pandemic, government action)
• Right to assign the contract to another buyer (useful for buyers who want exit optionality)
• Furniture package opt-out (sometimes saves $20K-$80K vs. taking developer's package)

If you're considering a specific pre-construction project, send us the contract before signing. We'll mark up what we'd push to change.