Due Diligence and Title Protection

Before you act on anything in this guide: all buyers and sellers must retain a licensed Bahamian attorney for legal, title, and conveyancing advice. This page is general information only — it is not a substitute for individual legal, tax, or immigration advice from a qualified Bahamian professional.

Title and legal

• Independent attorney title investigation and root-of-title review
• Boundary confirmation against recorded deeds and any adjoining owners
• Search for easements, rights of way, restrictive covenants, and Crown interests
• Confirmation of access and any beach/coastal access issues

Survey and valuation

• A current boundary/topographic survey from a licensed surveyor — not an old survey taken on faith
• An independent appraisal or valuation, distinct from a broker’s comparative market analysis

Physical condition

• Structural, roof, electrical, plumbing, and HVAC inspection
• Septic, pool, dock, and seawall inspection where applicable
• Termite/pest, mould, and water-intrusion inspection
• Hurricane and general environmental exposure assessment

Approvals and use

• Approved building plans, permits, and inspection records on file
• Certificate/approval for occupancy or completion, where applicable
• Zoning and legal use confirmation, including any short-term-rental or commercial-use restrictions

Financial and administrative

• Real Property Tax assessment and arrears check
• Utility account balances and connection capacity
• Condominium declaration, bylaws, budgets, reserves, and any pending special assessments or litigation, if applicable
• Tenant leases, deposits, and notices, if the property is occupied
• Confirmation the property is insurable, and at what cost, before your financing/inspection conditions expire

Do not waive the title, financing, appraisal, inspection, survey, insurance, environmental, or foreign-investor conditions in your Agreement for Sale without your attorney’s specific advice. A seller asking you to waive a condition to move faster is a reason to slow down, not speed up.

What is “good and marketable title”?

Title with a clear, documented chain of ownership and no undisclosed defects that would prevent you from reselling or financing the property later.

Do I need a new survey?

In almost all cases, yes — an old survey may not reflect current boundaries, structures, or encroachments.

What if the seller can’t produce building approvals?

That is a significant red flag requiring your attorney’s specific advice before you proceed — it may affect insurability, resale, and legal use.

Should I waive the financing/title condition to make my offer more competitive?

Not without your attorney’s explicit advice weighing the specific risk against the specific benefit.

This guide provides general information and was reviewed as of 9 August 2026. Bahamian laws, taxes, fees, government procedures, lending criteria, planning requirements, and immigration policies may change. Property facts and approval requirements vary by island, parcel, ownership structure, intended use, and project scope. All buyers and sellers must retain a licensed Bahamian attorney for legal and title-transfer advice. Obtain independent advice from a licensed Bahamian attorney and the relevant qualified tax, financial, planning, engineering, environmental, appraisal, insurance, and immigration professionals before acting.