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Taking delivery of an off-plan new construction in Manzanillo del Mar: what the acta has to record

The coast at Cartagena de Indias, Colombia

Handover is the one moment when the buyer has the property in front of him and still holds something to pay or to demand. Whatever is left out of the acta that day stops being a claim and becomes a conversation.

Taking delivery of an off-plan new construction is not signing that the keys arrived: it is recording the condition in which the property is received, the open items, and how and when they will be addressed. The acta de entrega is a private document between the parties, and its worth lies in its detail: an inventory of what is handed over, meter readings, the state of finishes and equipment, keys and remotes, and the list of observations signed by both sides. New construction adds the recibo de obra and whatever the builder has warranted; a resale adds whatever the seller undertook in the promesa de compraventa, the binding promise of sale. After handover the claim changes counterpart: it stops being a conversation with a seller or a builder and becomes a contractual matter, which is where it starts to matter whether there are proceedings open against the person who sold to you.

Off-plan new construction is bought differently because at signing the property does not yet exist: what exists is a project, a permit and a company that has to stay standing until delivery. The document, not the apartment, is therefore what gets reviewed. The first thing that changes is the path of the money: instalments are paid into a patrimonio autónomo —a trust estate— administered by a fiduciaria rather than into the builder's own account, and it is worth knowing what conditions must be met before those funds are released to the works. The second is that what you sign may be a promesa de compraventa, a binding promise of sale, or only an encargo fiduciario, a trust deposit instruction; they do not bind alike and do not unwind alike, and what happens if the project never starts depends on which one it is. The third is that the unit's identity rests on a plan that allows adjustment, so read which tolerances and specification changes the seller reserved and how the buyer is told of them. The fourth, for a buyer abroad, is duration: every transfer has to be documented and someone has to be empowered to sign and take delivery years later.

In Manzanillo del Mar the difficulty is not reading a registry record: often there is none to read. Much of what is offered never entered the registry at all, and what the counterparty holds is possession documented in private papers, with an acta de colindantes, a neighbors' boundary statement, and sometimes a sworn declaration before a notary, none of which is title of ownership. That moves the process to authorities absent in the other sectors: the Agencia Nacional de Tierras, the national land agency, where the soil belongs to the Nation; IGAC, the cadastral institute, and the district cadastre to identify the parcel; and the corregidor or the police inspector when occupation is disputed. Verification becomes a matter of fieldwork and mapping before notarial work: comparing the survey against the cadastral record and against what is actually fenced, because the same lot has been sold under different descriptions. The counterparty is usually a local family or a go-between with no written mandate, and that mandate has to be requested. Infrastructure is not handled by any single utility: a well or tanker water, a septic pit, and a side road whose upkeep is not always assigned to anyone.

What is specific to Manzanillo del Mar

A beach village north of Serena del Mar, where the original town still sits alongside the new complexes. A mixed market: social housing, beach condominiums and unserviced lots. Access is via the Manzanillo road off the Anillo Vial; the final stretch is not always paved to the same standard.

  • whether the lot is public wasteland of the Nation, in which case it is allocated rather than sold and no private deed can cure it
  • whether there is a right of way to the beach and where it runs, a constant source of litigation between neighbours
  • the land use the POT assigns it, because much of what is marketed as residential is still classified otherwise

What to verify, step by step

  1. Ask for the acta template before the appointment and read it with your lawyer: anything without a field will not get written down.
  2. Walk the property with the permit and the approved drawings in hand and compare what was built against what the curaduría authorised.
  3. Put meter readings, the inventory of keys and remotes, and every observation with the open item it creates in writing.
  4. Check the handover points that belong to off-plan new constructions: which patrimonio autónomo (the trust estate holding buyers' funds) the instalments are paid into and which fiduciaria administers it, because the money should not reach the builder's own account; whether the licencia de construcción has actually been issued or the project is still in prelanzamiento, and what punto de equilibrio (the pre-sale threshold) must be met before building starts and what the signed document says about the return of funds if that threshold is never met, and whether you signed a promesa de compraventa or only an encargo fiduciario (a trust deposit instruction).
  5. Add what has to be verified in Manzanillo del Mar: whether the lot is public wasteland of the Nation, in which case it is allocated rather than sold and no private deed can cure it; whether there is a right of way to the beach and where it runs, a constant source of litigation between neighbours and the land use the POT assigns it, because much of what is marketed as residential is still classified otherwise.
  6. If you cannot attend, grant a power of attorney to someone who receives on your behalf, and require the signed acta plus photographs and video of the walkthrough the same day.

Mistakes that cost money

  • Signing the acta with no observations so as not to delay handover. It is the most expensive waiver in the process, and it is made out of politeness.
  • Taking delivery without clearance certificates for dues and utilities. The unpaid account follows the property, not the seller who left.
  • Leaving an open item in a WhatsApp message. The acta gets signed; the message gets deleted.

Frequently asked questions

Can I take delivery of an off-plan new construction without travelling to Cartagena?
Yes, with a power of attorney granted before a Colombian consul or apostilled. Whoever receives should be someone technical, not the same broker who sold it.
Who do I claim from after handover?
It depends on what was signed: the builder for what was warranted, the seller for what was promised, and the administración for anything that is common property. That is why the acta is drafted with names in it.
Is video of the walkthrough worth anything?
It backs up what was written in the acta. It does not replace it: the signed document is what binds.

Where to check it

Official bodies. Specific figures are requested there, not copied from a listing.

Updated 2026-11-06

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Dimare Collection does not sell or broker property in Miami. This is an informational page: transactions are carried out by brokers licensed in the state of Florida. This text is not legal, tax, immigration or mortgage advice; it describes what to ask and whom to ask. The rules and bodies cited can change: always confirm with the official source. Operated by Nisimblat Consulting SAS.