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BUYING PROCESS

The Notary Process in Aruba: From Offer to Keys

One government-appointed notary runs the whole legal side, not the buyer's lawyer, not the seller's. Here's the exact sequence, step by step, with realistic time estimates for each stage.

By Jakob Jakubov, every winter on Aruba since 2021 · Updated August 2026 · 11 min read

Who the notary is (and isn't)

If you're coming from the US or Canada, park what "notary" means at home. There, a notary is someone who stamps a signature at the bank. In Aruba, following the Dutch civil-law system, a notary (notaris) is a highly trained, government-appointed legal official who is the only person who can legally transfer real estate. Nothing changes hands without them.

Two things surprise North American buyers. First, there's usually one notary for the deal, and they're impartial, they don't represent the buyer against the seller or vice versa; they represent the integrity of the transaction itself. Second, that means you don't strictly need your own separate real-estate lawyer for a straightforward purchase, because the notary does the title work and drafts the deed. (For anything unusual: a company purchase, a complicated land lease, an estate: your own advisor is still worth it.)

The practical benefit: it's an orderly, low-drama process with a neutral referee holding the money. It's one of the genuinely reassuring parts of buying here.

The process, step by step

Here's the full sequence, in order. Once you've found the place, this is what unfolds.

1. Offer and acceptance. You make an offer, usually through your agent: price plus any conditions (financing, inspection, the lease term). The seller accepts, counters, or declines.

2. Purchase agreement (koopovereenkomst). Once you agree, both sides sign a written purchase contract setting out price, what's included, conditions, and the target transfer date. This is the point it becomes real.

3. Deposit into escrow. You pay a deposit, commonly ~10% of the price, into the notary's escrow account, not to the seller. It sits there, safe, until completion. If the deal collapses on an agreed condition, the terms govern how it's returned.

4. Due diligence. The heart of it. The notary searches the land registry (Kadaster) to confirm the seller truly owns the property and can sell it; verifies whether the land is freehold or land lease (and how many years remain); and checks for mortgages, liens, unpaid taxes, or claims attached to the property. Anything that would cloud your title has to be cleared before completion.

5. Deed of transfer (akte van levering). With diligence clean, the notary drafts the legal deed that transfers ownership, along with a settlement statement showing every number, price, transfer tax, notary fee, registration.

6. Signing and settlement. You and the seller sign the deed at the notary's office (or by power of attorney, see below). Your funds, already in escrow, are applied; the balance is arranged.

7. Registration and keys. The notary registers the deed at the Kadaster, making you the legal owner of record, and releases the funds to the seller. You get the keys. Done.

How long each stage takes

Rough, realistic, verify-against-your-own-deal timings:

Timelines stretch with land-lease checks, financing, or title complications, and compress on a clean cash purchase of freehold property.

The single biggest lever on speed is paying cash. A local mortgage adds the bank's own appraisal and underwriting on top of the notary's work, see financing as a foreigner, so if you're financing locally, add weeks and tell everyone early.

The notary doesn't move slowly. Title problems do. A clean file closes on schedule almost every time.

Can I sign from abroad?

Yes, and it's common, because plenty of foreign buyers can't be on the island the exact week the deed is ready. You grant a power of attorney (volmacht) authorizing someone, often a member of the notary's own office, to sign the deed on your behalf. The notary prepares it; you typically sign the power of attorney in front of a notary or at a Dutch consulate near you , and courier it back.

So you don't need to time your winter trip to the closing date. You can view and offer in season, then let the process finish while you're home, signing remotely. Sort this out with the notary early if you know you'll be off-island at completion.

What the notary checks for you

Even though the notary is impartial, their due diligence protects you enormously, because a buyer inherits whatever is wrong with a title. On your behalf they confirm:

• Ownership, the seller is the real, sole legal owner and is entitled to sell.
• Land type and lease term, freehold, or land lease with X years remaining and a stated canon.
• Encumbrances, no undisclosed mortgages, liens, or third-party claims ride along with the property.
• Taxes and dues, no unpaid property tax or association arrears attach to you.
• Legal capacity, no incapacity, dispute, or estate issue blocking the sale.

If any of that turns up a problem, it has to be resolved before your money moves. That's the whole point of the escrow-and-diligence structure: your deposit doesn't reach the seller until the property is provably clean.

What you'll pay the notary

The notary's fee follows a published government scale tied to the transaction value: it's not negotiated, and there's no pile of surprise line items. Budget roughly ~1–2% of the price for the notary, plus registration of around ~0.5%. Both sit inside the overall ~4–6% closing costs; the full breakdown, including transfer tax, is in taxes & closing costs.