The Final Walk-Through: A Checklist Before Signing the Final Escritura

As an Ecuadorian Real Estate Attorney and Land Acquisition Specialist with years of experience navigating the complexities of property law in this beautiful country, I've witnessed firsthand the dreams of expats turn into nightmares due to overlooked details. The signing of the Escritura Pública de Compraventa (Public Deed of Sale) is the culmination of your property purchase journey in Ecuador. It’s a momentous occasion, but it is also the absolute final opportunity to identify and rectify any potential issues before the property legally changes hands. Rushing this final step, or assuming all groundwork has been perfectly laid, is one of the most costly mistakes an expat can make.

This guide is not merely a procedural checklist; it's a deep dive into the critical, often subtle, due diligence points you must verify before your signature graces that pivotal document. My objective is to arm you with the knowledge to protect your investment and ensure your Ecuadorian property ownership is secure and problem-free.

The Significance of the Escritura Pública de Compraventa

The Escritura Pública is more than just a signature on paper; it is the official legal instrument that transfers ownership of real estate in Ecuador. It must be executed before a Notary Public (Notario Público) and subsequently inscribed in the Registro de la Propiedad (Property Registry) to be fully effective against third parties. This document formalizes the agreement between buyer and seller, detailing the property, the price, the terms, and all associated legal declarations.

However, the Escritura is the result of due diligence, not a substitute for it. All the investigations, verifications, and legal clearances should have been completed before this stage. The final walk-through and the notary appointment are the final checks and the formal transfer.

Pre-Signing Due Diligence: The Essential Verifications

While most of your comprehensive due diligence should have been completed prior to this final stage (ideally with the guidance of legal counsel), a final, meticulous review is paramount. Here’s what you absolutely must confirm:

1. The Property Itself: Physical Confirmation

Boundary Verification: Have you physically walked the property boundaries recently? Do they match the legal descriptions in the title documents and any survey maps? Ensure there are no encroachments from neighbors or that the property extends to the agreed-upon limits.
Physical Condition: While not strictly a legal title issue, assess the current condition of any structures on the land. Are there any new damages (e.g., from weather, neglect) since your last visit that might warrant renegotiation or cancellation of the sale (depending on the contract terms)?
Access: Confirm that physical access to the property remains unobstructed and as agreed upon. This is particularly crucial for rural land where access can be a contentious issue.

2. Title and Encumbrances: The Registro de la Propiedad Certificate

This is the bedrock of your security. The Certificado de Gravámenes y Limitaciones de Dominio (Certificate of Encumbrances and Domain Limitations), also known as a Certificado de Tradición, is issued by the Registro de la Propiedad in the canton where the property is located.

Recent Issuance: Ensure the certificate you review is very recent, ideally issued within the last 30 days of the Escritura signing. Properties can acquire new liens or restrictions rapidly.
No Unforeseen Gravámenes: This certificate explicitly lists any gravámenes (liens or encumbrances) registered against the property. This includes mortgages, judicial seizures (embargos), pending lawsuits affecting title, or servitudes (servidumbres) that might limit your use. Any new encumbrances not previously disclosed or agreed upon are immediate red flags.
Unclear Title: The certificate should confirm that the seller has clear and undisputed title. Any complexities or historical issues should have been resolved by this point.

3. Municipal and Tax Compliance: The Certificado de No Adeudar

Property Tax Clearance: You must obtain a Certificado de No Adeudar Impuesto Predial (Certificate of No Outstanding Property Tax Debt) from the municipality (Municipio) where the property is located. Sellers must be current on their property taxes. Outstanding taxes become the responsibility of the new owner upon purchase.
Urbanization/Service Fees: For properties within urban or semi-urban areas, check for any outstanding municipal fees related to urbanization, garbage collection, or other services.

4. Water Rights and Environmental Permits (Crucial for Rural Land)

This is an area where many expats falter due to a lack of understanding of Ecuadorian regulations.

SENAGUA Registration: For any significant water usage (irrigation, domestic supply beyond a minimal level), ensure water rights are properly registered with the Secretaría Nacional del Agua (SENAGUA), now part of the Ministry of Environment, Water, and Ecological Transition. A property might have access to a river or well, but without a registered water concession (concesión de agua), you risk significant legal penalties and restrictions on use.
Permits: If the property involves any commercial activity, agricultural use, or construction that requires environmental permits, verify their validity and transferability.

5. Seller's Legal Status

Capacity to Sell: Ensure the seller (or their legal representative) has the full legal capacity to sell the property. If the seller is a company, ensure the company is in good standing and the representative has the authority.
Marital Status: For individuals, understand their marital status. If married, the spouse typically has rights to the property, and their consent may be required for the sale, depending on the marital property regime.

6. The Escritura Draft: A Final Legal Review

Clarity and Accuracy: Even though you've likely reviewed a draft, have your attorney conduct a final, detailed read-through of the Escritura Pública before it’s signed.
All Parties and Details: Verify that all parties (buyer, seller, witnesses if any) are correctly identified, the property description is exact, the price and payment terms are precisely as agreed, and any specific conditions or clauses are accurately reflected.
Legal Descriptions: Ensure the legal description in the Escritura perfectly matches the title deed and the Registro de la Propiedad records.

The Notary's Role and Costs

The Notary Public is a public official who is essential for the execution of the Escritura. They ensure the legal formalities are observed, witness the signatures, and maintain a record of the deed.

Costs Associated with the Escritura:

Notary Fees: These are regulated by law and are based on the value of the transaction.
Registration Fees: Fees for inscribing the Escritura in the Registro de la Propiedad.
Transfer Tax (Impuesto de Alcabala): A municipal tax levied on the transfer of property, typically around 1% of the property value, payable by the buyer.
Legal Fees: If you are represented by an attorney for the final review and signing.

Ensure you understand all these costs before arriving at the notary's office.

Common Expat Mistakes to Avoid at This Stage

Skipping the Final Walk-Through: Assuming the property is unchanged since your last visit.
Relying on Verbal Agreements: Any changes or understandings not reflected in the Escritura are legally unenforceable.
Not Verifying Water Rights: Assuming access to water means legal rights to use it. This is a frequent pitfall for rural properties.
Underestimating Municipal Fees/Taxes: Believing all dues are cleared without a current certificate.
Trusting "As Is" Without Verification: The seller's assurance of a clear title is not a substitute for official documentation.

Legal Due Diligence Checklist for the Final Escritura

[ ] Physical Property Walk-Through: Boundaries, condition, access confirmed.
[ ] Current Certificado de Gravámenes (Property Registry): No new liens or encumbrances.
[ ] Current Certificado de No Adeudar Impuesto Predial: Seller's property taxes are paid.
[ ] Confirmation of Water Rights: SENAGUA registration or applicable permits verified (especially for rural land).
[ ] Review of Final Escritura Draft: By your Ecuadorian legal counsel, ensuring accuracy of all details.
[ ] Seller's Legal Standing: Capacity to sell confirmed.
[ ] All Costs Itemized and Understood: Notary, registration, taxes, legal fees.

⚠️ Title Risk Warning: The Legal Pitfalls Expats Miss.

The most significant risk at the Escritura stage is assuming that all prior due diligence is ironclad and that no new issues have arisen. This can include:

New Embargos (Seizures): A seller might have outstanding debts that result in a judicial seizure being placed on the property after initial title searches but before the Escritura is signed and registered.
Unresolved Inheritance Issues: If the property was inherited, and a sibling or heir was not properly accounted for in the sale process, they might have grounds to contest the title later.
Boundary Disputes: A neighbor might initiate a boundary dispute or begin fencing off a portion of the land after your last physical inspection.
Invalid Water Concessions: A seller might claim they have water rights, but if they are not formally registered with SENAGUA or are expired, this is a critical legal deficiency that can halt operations or lead to fines.

Your signature on the Escritura signifies your acceptance of the property's condition and title as it stands at that moment. Without rigorous final verification, you could be buying into significant future legal battles.

The purchase of land in Ecuador is an exciting prospect, promising a fulfilling lifestyle or a sound investment. However, navigating the legal landscape requires diligence, precision, and expert guidance. The final signing of the Escritura is not the end of your responsibilities but the critical juncture where you solidify your ownership. Ensure every box is ticked, every question answered, and every legal document thoroughly scrutinized by a qualified professional.

Ready to ensure your Ecuadorian property purchase is legally sound and protected?

Book a one-on-one due diligence consultation with a licensed Ecuadorian Real Estate Attorney and Land Acquisition Specialist today. We provide the clarity and security you need for your peace of mind.