Mexican Public Notaries
Should you decide to own property
in you own name, a deed called an escritura,
must be prepared by a Mexican notary public.
There are big difference between the United States notary public
and Mexican notary public. In Mexico, the notary public (notario
público) are lawyers publicly appointed by the State
Governor who specialize in Contract Law. Every legal document, such
as deeds, wills, powers of attorney, constitution of corporations,
establishment of trusts and other legal transactions must be made
before a notary public in order to be valid. If the document is
not notarized by a Mexican notary public it is not legal!
Whereas in the United States the public notary can act only as a
witness to your signature on a document. You can use publically
notarized documents (for Powers of Attorneys) signed in the United
States but for validity in Mexico you also need an Notarial Apostile
from the State's Attorney's office.
Alberto Rodriguez Carrillo
|Av. Nader No.8
||(998) 884 2282
|Calle Alcatraces No 45
||(998) 884 7477
Luis Camara Patron
|Calle Sierra, No 13 SM3
||(998) 884 2590
When buying real estate and you reach an agreement, go to the notary
public first. The buyer chooses the notary public. For real estate
transactions you do not need an attorney. The notary public
is completely capable and legally authorized to carry out the transaction.
In many cases an attorney will delay the transaction, charge you
unnecessary high fees, and have absolutely no bearing on the situation,
as it is not of his competence. Before giving any type of down payment
or committing yourself to a deal, take a copy of the actual escritura
(which should be given to you by the seller with no argument if
everything is in order) to the notary public to check the deed's
If buying property from a developer, have the notary public check
to see that he has his permits for the development and for construction.
A beautifully engraved certificate or formal letter promising a
deed at some future time is not a deed, but merely a sales contract.
Have the notary public determine that the land is not ejido
land (communal agricultural land). The right to use this type of
land can be purchased, but always a risky deal, as it is not your
property, you are only allowed to use it.
Insist on making all real estate transfer agreements before a notary
public. Do not be pressured by someone who says that you need
to put money down right away.
The notary public will need from both parties to the transaction:
proof of full names, marriage certificates, proof of dates and place
of birth, official identification with a photograph, such as passport
or driver's license, and your visa to prove that you are in Mexico
The notary public will need from the seller: 1. his deed; 2. Up-to-date
tax receipts, water bills, subdivision (fraccionamiento)
fees, and any other public utilities bill, paid up to the date of
sale. The notary public will determine capital gains taxes through
an official appraisal (Avaluo).
The capital gains tax, if any, is paid by the seller. However, through
mutual agreement, it may be paid by the buyer. Make sure you know
how much this will be--the notary will inform you of the cost before
the transaction, almost to the cent. Cash or money changes hands
the minute the seller signs over the deed, usually in the notary
public's office. The buyer ordinarily pays notary fees incurred,
which also must be paid when the title is signed over.