# Buying an Off-Plan Resale in Punta Cana: Contract Assignment Checks

> Taking over an off-plan purchase in Punta Cana? Check contract rights, approvals, credited payments, total costs and transfer documents before paying.

Source: https://canakeys.com/buying-process/off-plan-contract-assignment
Publisher: Cana Keys (A&M Caribbean Group SRL), Punta Cana, Dominican Republic
Source editorial review: 2026-11-01
Language: en
Licence: quote and cite with attribution and a link.

An off-plan resale may mean taking over another buyer’s purchase contract before the property is completed. It is not necessarily a sale of a finished unit with an individual registered title. Before paying the outgoing buyer, establish what rights and obligations you would receive, what approvals or notices are required and how your position will be documented. This checklist is for buyers considering a contract assignment in Punta Cana, Cap Cana or Bávaro; it does not replace independent legal and tax advice.

## Identify the rights and property being offered
Ask who is selling and in what capacity: the developer, an existing buyer or a registered owner. Obtain the original signed purchase agreement, all amendments and the precise project, phase, building, unit and parking identification. Match these to the plans and specifications being offered. A listing described as a resale does not tell you whether you are acquiring registered property, contractual rights or a combination requiring further steps.
Have independent Dominican counsel identify the legal nature of the transaction and the actual registry status. An assignment of particular rights, a transfer of the full contractual position and a transfer of registered title are different matters. Do not assume either that the original buyer has no property rights or that their contract proves ownership of an individually titled unit. Record which rights, remaining obligations and eventual registration steps your proposed purchase involves.

- [Understand the wider off-plan purchase process](https://canakeys.com/guides/off-plan)

## Read the original contract and confirm the required approvals
Review the transfer clause together with payment, default, cancellation, delivery and dispute provisions. Ask counsel whether the proposed transfer requires consent, notice, a minimum payment or another condition under the actual agreement and applicable rules. Obtain written confirmation from the party authorised to give it. There is no universal developer fee or paid-percentage threshold to insert into your budget without checking the documents.
Confirm that the original contract remains in force and that no termination, unresolved breach or competing transfer undermines the offer. An email from a salesperson may not establish the developer’s binding approval. Also ask whose obligations remain after the transaction: substituting a buyer or accepting a payment must not be treated as automatic release of the outgoing buyer. The agreement should make the intended responsibilities clear to all relevant parties.

## Reconcile credited payments, arrears and the remaining balance
Request the outgoing buyer’s receipts and an up-to-date account statement from the relevant developer or authorised administrator. Reconcile the amounts actually credited to this contract, any refunds, overdue instalments, interest, penalties and the balance still payable. Check the currency, recipient and supporting reference for each payment. A screenshot showing money sent does not by itself confirm that it was credited to the unit you intend to buy.
Map the remaining instalments to dates and construction milestones, including any final payment or financing deadline. Ask what happens if construction timing changes and whether the proposed transfer alters existing terms or requires a new payment schedule. If the balances differ, resolve the difference in writing before committing funds. Your agreement should identify who settles existing arrears and which payments become your responsibility.

- [Review the remaining developer payment schedule](https://canakeys.com/financing/developer-payment-plans)

## Calculate the complete cost of taking over the purchase
Separate the amount requested by the outgoing buyer from the unpaid developer balance. Then add any verified assignment or administration charge, professional fees, applicable taxes and eventual closing costs, checking for overlap. Ask a qualified adviser to determine the treatment of this specific transaction. Neither a standard property-transfer percentage nor a seller’s statement establishes the tax treatment of every contract assignment.
Illustrative arithmetic, not a market quote: an original contract price of USD 200,000 has USD 50,000 credited and USD 150,000 remaining. If the outgoing buyer asks you to pay USD 60,000 for the transfer, your combined outlay is USD 210,000 before additional costs: USD 60,000 plus USD 150,000. Do not add the credited USD 50,000 again. This example establishes neither value nor profit; compare the complete obligations, specification and delivery risk with your alternatives.
| Cost item | Illustrative amount | What to verify |
| --- | --- | --- |
| Payment to outgoing buyer | USD 60,000 | Agreed transfer consideration and payment conditions |
| Remaining developer balance | USD 150,000 | Current credited account and remaining schedule |
| Combined outlay before other costs | USD 210,000 | No double counting of the USD 50,000 already credited |
| Additional costs | Not included | Actual fees, taxes and eventual closing costs; check for overlap |

- [Closing costs in the Dominican Republic](https://canakeys.com/costs/closing-costs)

## Recheck construction, title, trust and tax assumptions
Taking over someone else’s contract does not replace project due diligence. Recheck land and title information, the developer’s authority, permits, construction progress, delivery provisions and any relevant charges with independent professionals. Confirm that the specifications, completion commitments and remedies you rely on are in enforceable documents. A previous buyer’s confidence or a completed showroom is not evidence that your particular unit is ready or legally transferable.
Where a fideicomiso is mentioned, identify the actual trust, parties, property, payment account and applicable documents; ask what protection and transfer procedure they establish for you. Separately verify any CONFOTUR claim for the project, unit and proposed transaction. Do not assume that benefits described to the first buyer automatically continue on the same terms. Record unresolved matters, their responsible adviser and what evidence is needed before the payment decision.

- [Check what the fideicomiso actually covers](https://canakeys.com/diligence/off-plan-fideicomiso-checklist)
- [Separate contract rights from title registration](https://canakeys.com/buying-process/title)
- [Verify CONFOTUR for the exact purchase](https://canakeys.com/confotur)

## Document the transfer and confirm your position before paying
Have counsel prepare or review the appropriate instrument and confirm who must sign, approve or receive notice. It should identify the original agreement and amendments, the precise rights and obligations transferred, credited amounts, outstanding payments and any agreed release. Ask what evidence will confirm that the relevant project records recognise your position and what still has to happen at completion and registration. Agree payment recipients, timing and documentary conditions in the transaction documents; withholding, refund and cancellation rights are not automatic.
Share your budget, intended use and timing to plan a Punta Cana property tour. Have independent counsel review any proposed contract assignment before committing. Cana Keys is a real estate broker and normally receives commission from the seller. A tour can help you compare properties and locations; it does not certify the assignment, title or tax position. Keep legal and tax review with your independent advisers, and do not upload passports, bank records or signed contracts to a public inquiry form.

- [Check payment and reservation conditions](https://canakeys.com/buying-process/reservation-deposit-checklist)
- [Plan a property tour](https://canakeys.com/tour)

## FAQ

### Must the developer accept a replacement buyer?
Answer: Do not assume so. Have counsel assess the original agreement, the proposed transaction and applicable requirements. Confirm any necessary consent, notice, authority and conditions in writing. A clause allowing some rights to be assigned does not automatically settle the transfer of all obligations or release the outgoing buyer.
Permalink: https://canakeys.com/buying-process/off-plan-contract-assignment#must-the-developer-accept-a-replacement-buyer

### Does paying the original buyer transfer the contract?
Answer: Payment alone does not establish that every required transfer step is complete. Confirm the signed instrument, necessary approvals or notices, credited account and evidence recognising your contractual position. Registered title, where relevant, requires its own review and applicable registration steps. Agree payment conditions with counsel before paying.
Permalink: https://canakeys.com/buying-process/off-plan-contract-assignment#does-paying-the-original-buyer-transfer-the-contract