- Legal & practical
The notary in a Curaçao property purchase: what they do
- RealEstatesCuraçao
- 5 min read
Editorial · written by RealEstatesCuraçao
On this page9 sections
On this page9 sections
When buying property in Curaçao, the notary is a central figure in the legal process. This article explains the role of the notary, what they do during a real estate transaction, and why their involvement is necessary for a legal transfer of ownership.
The role of the notary in a property purchase
In Curaçao, a notary is a legal professional responsible for ensuring that the transfer of real estate is conducted according to the law. They act as an impartial party who verifies the identity of the buyer and seller, checks the legal status of the property, and ensures all conditions of the sale are met.
The notary is responsible for drafting and executing the official deed of transfer. This document is the legal proof of ownership and must be registered to make the sale official. Without the involvement of a notary, the transfer of ownership for real estate cannot be legally completed.
What the notary does during the transaction
The notary performs several critical tasks to protect both the buyer and the seller:
- Title search: The notary verifies that the seller is the legal owner of the property and checks for any existing mortgages, liens, or other encumbrances that could affect the sale.
- Document preparation: They draft the purchase agreement and the final deed of transfer, ensuring all terms agreed upon by the parties are accurately recorded.
- Tax collection: The notary is responsible for calculating and collecting the transfer tax, which is 4% of the property value according to the Overdrachtsbelastingverordening 1908.
- Payment handling: They often manage the escrow process, ensuring that the purchase price is paid and that any existing loans on the property are settled before the title is transferred.
- Registration: After the deed is signed, the notary handles the registration of the property in the official land registry.
For more details on the specific costs associated with these services, you can read our guide on closing costs when buying property in Curaçao.
The steps involving the notary
The process typically begins after the buyer and seller have agreed on a price. The notary then guides the parties through the following legal steps:
- Verification: The notary checks the property records to ensure there are no legal obstacles to the sale.
- Drafting: The notary prepares the deed of transfer based on the agreed terms.
- Signing: Both parties meet at the notary’s office to sign the official deed.
- Payment and Tax: The purchase price is settled, and the notary collects the required taxes.
- Registration: The notary submits the signed deed to the land registry to officially update the ownership records.
Costs and taxes handled by the notary
The notary does not only charge for their professional services but also acts as the agent for government tax collection. The primary tax handled during this process is the transfer tax.
According to the Overdrachtsbelastingverordening 1908, the transfer tax is 4% of the value of the property. This tax is calculated based on the purchase price or the value listed in the registry, whichever is higher. If there are additional obligations assumed by the buyer, these are also included in the valuation for tax purposes.
For more information on this specific tax, see our article on property transfer tax in Curaçao.
Who is responsible for what
The notary ensures that both the buyer and seller fulfill their legal obligations. The seller must provide proof of ownership and clear any existing debts secured by the property. The buyer is responsible for providing the funds for the purchase and paying the transfer tax.
While the notary handles the legal transfer, they do not provide investment or tax advice. For questions regarding annual property taxes (OZB), you should consult a tax adviser or refer to the annual property tax guide.
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Choosing a notary
Buyers and sellers are generally free to choose which notary will handle the transaction. It is common for the buyer to select the notary, as they are the party acquiring the property and wish to ensure all legal checks are completed to their satisfaction. The chosen notary will then coordinate with the other party and any involved financial institutions.
When to get professional advice
While the notary handles the legal transfer of title and ensures the transaction follows the law, they do not provide all types of professional guidance. You should seek separate advice in the following cases:
- Tax advisers: For guidance on personal income tax, corporate tax structures, or the long-term implications of the annual property tax (OZB).
- Lawyers: For the negotiation of complex purchase contracts, disputes over property boundaries, or specific legal representation during a conflict.
- Investment advisers: For analysis of market trends and the financial viability of a property purchase.
Frequently asked questions
How much is the property transfer tax in Curaçao?
According to the Overdrachtsbelastingverordening 1908, the transfer tax is 4% of the value of the property. This is based on the purchase price or the value in the registry, whichever is higher.
Is a notary required to buy property in Curaçao?
Yes. A notary is necessary to draft and execute the official deed of transfer, which serves as the legal proof of ownership and is required for registration in the land registry.
Does the notary pay the taxes for me?
The notary does not pay the taxes from their own funds; instead, they calculate and collect the required transfer tax from the buyer during the transaction process to ensure it is paid to the government.
What currency is used for property payments in Curaçao?
As of March 31, 2025, the Caribbean guilder is legal tender in Curaçao. It replaced the Netherlands Antillean guilder and is legally pegged to the U.S. dollar at a fixed exchange rate of US$1 = 1.79.
Sources
- Overdrachtsbelastingverordening 1908, Lokale wet- en regelgeving, overheid.nl (opened 9 October 2026).
- Caribbean guilder, Centrale Bank van Curaçao en Sint Maarten (caribbean-guilder.com) (opened 9 October 2026).
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