When it comes to real estate transactions in Mexico, the role of a notary is crucial. Notaries, experienced lawyers licensed by the Federal Government and the State, act as impartial representatives of the government, overseeing and finalizing all real estate transactions.  Real estate agents can also offer insights and review contracts based on their experience, often having access to in-house lawyers and closing coordinators to streamline the process. Each party can coordinate or assist in thorough title searches, verifying ownership history, ensuring seller authorization, and confirm that there are no existing claims on the property.

Sales contracts in Mexico must be in Spanish, so having a notary or lawyer review the contract or provide a word-for-word translation can ensure your understanding of the terms. In cases where a translated contract is not provided, a local translator can be engaged. Reputable sellers typically disclose the translator’s information in the English version of the contract. Often, standard contracts provided by organizations like AMPI serve as the basis for agreements. Almost real estate brokerages have relationships already be working with with several notaries that will confirm the legality of the terms of the purchase contract.

So, what role does the notary play?

Your notary, who are also lawyers, act as your representative, handling various processes on your behalf, including:

• Preparing or reviewing the sales contract to ensure fairness and legality.
• Assisting with permit applications required for property ownership.
• Obtaining no-debt certificates for utilities, taxes, liens, and HOA.
• Coordinating with the bank to establish your Fideicomiso (trust).
• Collaborating with the notary public, bank, and seller’s agent to ensure all necessary documentation is provided.
• Providing guidance on tax strategies for potential future sales.

It’s important to note that only licensed Mexican attorneys can provide advice on Mexican law, so relying on a lawyer from your home country is not sufficient for a real estate transaction in Mexico. Their legal advice has no jurisdiction in Mexico.