Frequently Asked Questions – about buying or selling real estate in Cozumel

NOTARY PUBLIC’S ROLE IN A REAL ESTATE TRANSACTION IN MEXICO

The position of Notary Public is that of a Government commissioned (appointed) officer who can perform activities such as document authentication and event certification (take oaths, file depositions, certify acknowledgments, etc.).

A Notary Public in Mexico must be an attorney at law. Upon application, after passing rigorous examinations, he is commissioned by the Government as a Notary Public. A Notary Public in Mexico holds office for life, unless either he or she resigns or is removed for a cause. The Notary Public in Mexico fulfills a civil service delegated upon him by the Government.

By Government appointment, a Notary Public in Mexico oversees the legal compliance of any and all aspects of any and all parties involved in any given civil cause provided under Civil Code. (take for example, a rental agreement or a purchase/sale agreement or setting up a corporation)

Even though a Notary Public in Mexico is a licensed Attorney at Law and member of the Bar, the Notary Public in Mexico will not take part representing either one of the parties involved in the civil cause. The Notario’s role is to oversee the legal compliance of ALL the parties involved in the civil case. (including the Government, acting as one of the parties involved in such cause at time of collecting taxes as a result of such civil case)

When doing real estate transactions in Mexico, it is the buyer who usually selects the Notary Public to protocolize (register) the transaction.

The Notary Public´s legal responsibilities in a real estate transaction in Mexico include:

1. serves as an independent and neutral counsel to the buyer, the seller, as to their respective rights and obligations
2. drafts legal documents
   (contracts, powers of attorney, promissory agreements, acknowledgments of payment, etc)
3. certifies (verifies) the facts therein
4. identifies any inconsistencies that may prevent the proper execution of an agreement, seeks that such inconsistencies are cured before proceeding with the execution of the agreement and ensures that all parties have taken all necessary steps to execute a valid contract according to the mutual instructions of the parties involved.
5. attests to all involved parties are in agreement by having those parties sign such agreements before his presence
6. records documents in the Notarial Register Book (notarial protocol)
7. records the documents with Public Registry
8. on behalf of the Government the Notary ; calculates, withholds and pays to Government agencies the fees, rights and taxes due by each party involved in the transaction and as a result of it. All payments of fees, rights and taxes paid by all parties are attached to the executed agreement as proof of compliance.

Answer: Around 100 business days

The timeline for finding a property varies greatly from person to person. Once you find a property and have an accepted offer, it usually takes around 80/100 business days to close, depending if we need to set up a new trust/fideicomiso for you or if we just need to transfer the rights of an existing trust/fideicomiso into your name.
Timeline CAN vary depending on the trust bank we work with and the amount of Mexican holidays in the months of closing.

Have a look at our listings we have!

ANSWER:

Yes, foreigners may obtain direct ownership of property in the interior of Mexico. Mexican foreigners can also own property along the oceanfront. By Mexican law, properties within the 50 km of any oceanfront and 100 km of any country border (the restricted zone) are acquired via a bank trust or via establishment of a Mexican Corporation.
Laws passed in 1973 and 1993 have made it possible for foreigners, foreign firms, and Mexican firms with foreign participation to acquire interests in coastal real estate through a bank trust.

ANSWER:

In light of homeland security in Mexico’s Constitution, inside the ‘restricted zone’ of Mexico (100 kilometers from the border and 50 kilometers from the coastline), a foreigner entity (individual or foreign corporation) can only purchase real estate by means of a Fideicomiso, commonly called a Trust.

The Fideicomiso is a 50-year Bank Trust, renewable for 50-year terms for perpetuity. It grants a foreign buyer the right to use, mortgage, improve, rent or sell the property.
The foreign buyer is called the trustee or the beneficiary of the Trust.

The parties involved in a fideicomiso are: the Fiduciary or fiduciario (Bank), the trustor or fideicomitente (seller), the trustee or trust beneficiary or fideicomisario (buyer).

As the trust beneficiary, the buyer retains ownership rights and responsibilities to the property and has the right to use, sell, lease, improve or inherit the property to the beneficiary’s heirs.
Essentially, the beneficiary of the trust enjoys ownership rights equivalent to ownership.

Just as additional info:

The trustee or trust beneficiary designates substitute trustee or substitute beneficiary when setting up the trust.
In other words, one is the main beneficiary and the other one the substitute beneficiary (in case the main beneficiary passes away).
The change of the substitute beneficiary or beneficiaries is an administrative change you can request directly to your trust bank for a fee.

So you CAN change this if you change your mind!

ANSWER:

You can opt to designate a legal representative to represent you at closing. This is done through a Power of Attorney issued by you (we will draft it for you as part of our service). This document will need to be Notarized in your specific country (we can direct you to the Notary closest to your location). Once Notarized, it will require to be Apostilled, which is a legal authentication for international use. (we will direct you to the closest Head of State office in your State of residence, in order to process Apostille authentication

Once Apostilled, we will issue instructions to send the POA to Notary via Fedex or DHL courier service. Upon receiving Apostilled POA, Notary will acknowledge the legal representation you have designated, and proceed draft the title, forms and writs with such acknowledgment. On closing day, your designated legal rep will be summoned by Notary to appear in your representation to close on your behalf.

Designating a legal representation must be done early in the process, as all forms, drafts and legal writs will acknowledge that you are being duly represented by legal representation.

If you choose to appear before notary public on closing day, and on a last minute notice you decide to designate legal representation, it will be too late, as all legal writs, drafts and forms are directly in your name, and no legal representation is acknowledge, nor can it be acknowledged on a last minute basis.

We encourage you to plan your ability to be present before Notary Public on closing day, or evaluate the designation of legal representation early in the process. Last minute des

ignation of legal representation will disrupt closing day planning, and delay closing by anywhere from 4 to 6 weeks, because all forms, drafts and writs will need to be modified in order to acknowledge legal representation.