Yes, A foreigner can buy property in Ecuador with no restrictions. Most transactions are fee simple fully deeded transactions, as one would be accustomed to in the USA, Canada, the UK, etc. It is not a complicated process at all, in fact, I could argue the process has more safeguards than in other countries (for example, the USA), but yet is more streamlined and less complicated. Still, one should hire a local Ecuadorian attorney to assist with document drafting and review. The process is your standard search for a property, make an offer (verbal offers are more common here), negotiate a mutually acceptable price and then as a buyer, you submit a color copy of your passport, along with contact info. The buyers attorney (usually) prepares a document known as the Minuta for the Compraventa (term used for both the contractual sales document and to signify the closing), which is to be submitted to the Notario, a public official, who serves as a neutral third party overseeing the closing process. This document spells out what many foreigners would normally see much earlier in the process as a sales contract. Somewhere along this time line, by mutual consent and agreement, the buyer submits a down payment deposit, if one has been negotiated. Less than 10% of my closings include deposits, because since this is a cash only market for foreigners (mostly), the transaction happens so quickly that a down payment is not required. The attorneys review the Minuta document, make changes back and forth, and schedule a firm date/time to close with the Notario. The buyer must either ensure that certified check funds are available at closing (Compraventa) or must wire funds into the seller's account slightly in advance. On very rare occasions, a seller will accept funds wired in after the closing, but the Notario will be instructed to hold up the deed registration process, until said funds clear. Throughout this 2-3 week process, the seller must document a long list of official documents to ensure that the buyer is receiving clear title to the property. This documentation is reviewed not only by attorneys, but also by the Notario. It is a really secure process, if one hires an attorney that understands it. Lastly, yes, I can provide a checklist of items and a due-diligence report, but they exceed the scope/size of this forum. Anyone interested can email me at the address below.
Hector G. Quintana
IEI.Ecuador@gmail.com