Every house purchase in Curaçao ends at the notary. Whether you come from the Netherlands, the US or anywhere else, it's the civil-law notary (notaris) who turns your offer into ownership. This article explains what the notary does for you as a buyer, what it costs and what to ask, so you know what comes after you've found a home on our map.
Why you need a notary
In Curaçao, a house, an apartment or a plot of land can only change owner through a notarial deed of transfer (transportakte), signed before a civil-law notary. The notary then registers the deed in the public registers of the Land Registry (Kadaster). The property is yours from the date of that registration, not from the day you shake hands with the seller.
Who chooses the notary?
Usually the buyer, because the buyer pays the notary. You don't have to take the notary the seller suggests. The fees are the same at every notary (see below), so choose on other things: a notary who can explain the deed in a language you understand and answers your questions quickly.
Step by step: from offer to owner
- The purchase agreement: since 2012 the purchase of a house, apartment or plot must be in writing, and the notary often draws up this agreement. As a private buyer of a home you then have 3 full days to back out without giving a reason (5 days for a timeshare).
- The deposit: you pay a deposit of at most 10% of the price into the notary's escrow account. If the purchase doesn't go through, for example because you use those 3 days, you get it back.
- The checks: before the transfer, the public registers are searched for mortgages, liens and other registrations on the property.
- The transfer: you and the seller sign the deed of transfer at the notary. You pay the 4% transfer tax to the notary, who passes it on to the tax authorities.
- The registration: the notary registers the deed with the Kadaster. From that date, you're the owner.
Buying with a mortgage? Then the mortgage deed for your bank is a notarial deed too, with its own registration costs.
What does the notary cost?
Notary fees in Curaçao are fixed tariffs set by the Joint Court of Justice, so every notary charges the same. The fee depends on the purchase price, and a mandatory 8.5% surcharge and 6% sales tax come on top. Count on roughly 1-2% of the price for the notary. Together with the 4% transfer tax and the Kadaster costs, buying costs typically add up to 5-7% of the price: the full list is in our buyers guide. With the median asking price of a house on our map at $795,000 today, that's a real amount, so put it in your budget from the start.
Questions to ask the notary
- Is the property full ownership (eigendom) or on leased land (erfpacht)? With erfpacht you also pay a yearly fee for the land, the canon.
- Are there mortgages, liens or other registrations on the property, and will they be cleared before the transfer?
- How much do I need to transfer in total, and by which date?
- Can I read a draft of the deed in advance, in a language I understand?
- On which date is the transfer planned?
First, find the right home
The notary comes at the end. It starts with finding a home you love: our map shows the listings of 45+ realtors in one place. Read what houses cost in our article how much does a house cost in Curaçao, or go straight to everything for sale on the map.
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Find your new homeThis article is general information, not legal or tax advice. Rules and fees can change, so check the details with your notary before you sign.