Who is involved in a real estate transaction here and what are they doing for me?
Four parties will offer you advice, guidance, legal protection in their respective areas and each serves a purpose in assisting you with your real estate transaction.
Real Estate Company
Buyer's Attorney
Bank (if buying through a Fideicomiso)
Notary

Your Realtor
The process of buying property in Mexico might be a bit different than back home.
That is why having the right people on your side is so important.
It is just the best way to have a combination of experience, knowledge on your side through an agent, who is dedicated to guide you through each step, ensures that you buy smart and buy secure.
The key word is dedication. Dedication to you as an client and a real.
At the end you should have not only found your perfect property in Mexico, but lots of very good friends.

The Attorney:
I believe, an attorney is just a very important benefit for you.
Representing you and protecting you in all your legal transactions.
Our lawyer is fluent in English and she is licenced lawyer in Mexico.
In addition to the legal aspect, an attorney can be very helpful in saving you money.
Attorneys have contacts with banks, notaries and the Mexican government. They are aware of the most competitive costs and fees involved and make sure the buyer is given the best possible prices.
Good Advice can save thousands of Dollars in the future.

A Notary?
A Mexican Notary (Notario Publico) is a licensed attorney, who is certified by the state and Federal government to act as an official and unbiased representative of the government of Mexico.
A Mexican Notary needs to passe stringent exams required by the Mexican government and is a government official. They provide strict security of original records and documents and they record the documents with the Public Registry of Property. A Notary's role is taken very seriously in Mexico in that the Notary could be held liable in both civil and criminal terms.

The notary performs a variety of tasks including the authentication of legal documents, the calculation of capital gains tax and is responsible for ratifying ALL real estate transactions in Mexico. Any real estate transaction not ratified before a notary and duly recorded in the Public Registry is considered invalid and not enforceable.
In a real estate transaction, the notary is equally responsible to the buyer and the seller and ultimately responsible to the Mexican government. Their job is to ensure the legality of the transfer of title, to calculate and retain the seller's capital gains tax on behalf of the government, collect the purchaser's acquisition tax and pay it to the Department of Foreign Affairs, coordinate appraisals, certificates of no liens, certificates of no debt and request all corresponding permits. After the closing, the Notary must record the transaction at the Public Registry and the Tax (Cadastral) Office. This role is taken very seriously in Mexico in that the Notary could be held liable in both civil and criminal terms.
The Mexican notary is capable and legally authorized to carry out the transaction. However, we recommend also using an attorney to represent all your interests and protect your legal transactions.
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