Property Law

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Property Law

Our property law services cover buying, selling, leasing, and resolving disputes related to real estate. We provide expert guidance on securing property rights and ensuring compliance with relevant laws and regulations. Our experienced team can help you navigate complex property transactions and protect your interests.

"Expert Notary Services for Personal and Business Needs"

Buying a (vacation) home

Congratulations you (almost) own a house in Aruba! When you sign your contract to buy your future home it is customary on Aruba that the buyer chooses the notary to draw up the deed of sale. When we receive the contract we will request all relevant information regarding the sale from the authorities and individuals concerned. Your liaison officer will keep you informed during the process, usually by phone and/or mail. At the cadastral Land register of Aruba (Kadaster).

Cadastral inquiry

At the registry it is investigated if (cadastral) changes have been made to the plot and if the description is correct.

Mortgage inquiry

Also investigated is the existence of mortgages or (possible) garnishee orders.

This is how we work

At our Notary Yarzagaray & Partners, we pride ourselves on providing streamlined processes and personalized service to each and every one of our clients. We understand that your time is valuable and your legal needs are unique, which is why we have developed a flexible approach that is tailored to your individual circumstances.

Consultations

We listen and explain options, helping you choose the best path.

Online Document Submission

We draft and review documents, ensuring compliance.

Notarization

We perform the process professionally and with attention to detail.

Final Documents

We follow up to ensure you have all necessary documents and support.

Title research

Furthermore, any special provisions regarding the plot that must be stated be in the deed are examined. Reached are special circumstances and exceptions- to- the rule situations, like granting right of way and other and conditions that come with long lease or property land.

The taxoffice (SIAD) - Tax value (leggewaarde)

At this office we request the value as recorded by the Aruban tax office. This value is important to request the claims list “” and serves as basis to calculate the transfer tax. (Click to see sample calculation!).

Advancement list

As a notary office, we are required claims of the tax authorities (for example, unpaid business expenses) of the vendor to set off with the proceeds from the sale.

Transfer fax

The buyer is responsible to pay transfer tax on either the purchase price or on the tax value, whichever is highest. There are two rates of transfer tax 3% and 6%. To purchase a plot or house with a value up to Afl. 250.000,- you pay 3% tax. To purchase higher than Afl a plot or house. 250.000,00 you pay 6% transfer tax. The transfer tax will be included in the buyer’s account and paid by the notary to the Tax Collector’s office.

Information about seller and buyer

Is the seller the sole owner, or was the property acquired through a divorce, bankruptcy or inheritance? When the latter is the case, children should possibly sign to sell the property or it could be that only one person is authorized to sign the deed, since it was so stipulated in a testament. The notary will investigate the ability to Seller’s competence extensively.Are there multiple buyers? If so, it’s advisable to know if they are buying the plot together or especially in the case of married or cohabitant couples, is only one partner acquiring the rights? It is important to note that different scenarios carry different legal and fiscal consequences. In addition, we are legally obliged to identify both the buyer and seller, and this information is also included in the deed.

The purchase contracts

What did the parties specifically agree on? Did seller and buyer agree together that the payment and transfer of ownership takes place before or after the keys are handed over, then this should be reflected in the deed. The notary ensures that both the buyer and seller honor their commitment to the contract. Though his mediation the buyer will transfer sold items according to agreement without any mortgage or liens delivered to the buyer and that the buyer pays price in full at the notary.

Financing

Are you getting a mortgage? Then a separate mortgage deed is drawn up and sends the bank normally us the necessary data.
On average to retrieve all data relevant to drawing up a deed of transfer takes approximately 7-8 weeks.

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Address

L.G. Smith Blvd. 12,
Oranjestad, Aruba.

Contact

+(297) 582 2850 infos@notarisaruba.com

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Property Law

Property Law

"Expert Notary Services for Personal and Business Needs"

Buying a (vacation) home

Cadastral inquiry

Mortgage inquiry

This is how we work

Consultations

Online Document Submission

Notarization

Final Documents

Title research

The taxoffice (SIAD) - Tax value (leggewaarde)

Advancement list

Transfer fax

Information about seller and buyer

The purchase contracts

Financing

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Family Law

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