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5 Tips on Safely Buying Real Estate in Mexico

23 October 2008 794 views No Comment

By: Charles Sipe
Consult the National Agrarian Registry (Registro Agrario Nacional, or RAN) to check if the property is on Ejido land. Ejido land is land that has been set aside by the Mexican government for community farmers and can not be owned unless it goes through a complicated process where it is converted to private land. However people have been duped into buying ejido land so it is wise to check with the National Agrarian Registry to ensure the real estate you are buying is not ejido land. Obtain a certificate of nonindebtedness from the Mexican Treasury to ensure that no taxes are owed. If the prior owner failed to pay taxes, the liability will fall upon you which could affect the cost of purchase. Generally property taxes in Mexico are a fraction of what they are in the US, but it would be prudent to obtain the assurances that no taxes are owed so there are no unexpected tax collectors at your door step. Obtain a certificate from the public registry of property to check if any liens or encumbrances have been recorded against the property It is also smart to have the public registry checked at the time of closing to make sure no additional liens were added. According to the National Law Journal "most of Mexico's public registries of property have a "preventive" function that allows a purchaser to file a notice with the public registry of property prior to acquiring the real estate, in order to inform third parties of the pending acquisition and to make the purchase a matter of public record. The preventive notice is designed to protect the purchaser by freezing the file and not allowing any subsequent registrations against the property for the duration of the notice. A preventive notice usually lasts for 30 days, but this varies from state to state; some allow an extension for an additional 30 days or for a second preventive notice. Purchasers need to review local regulations to determine the length of time a preventive notice will remain in effect and the availability of extensions." Use an escrow agent It is common in Mexico for the seller and buyer to execute a promissory agreement before the beginning of the due diligence period. At this time the buyer may request a deposit be made. If you pay cash you may never see your money back if you find the property unsuitable and withdraw your offer. However if you use an escrow agent, you can deposit the money in an account and the agent can transfer the money to the buyer when certain conditions have been met such as after the due diligence period has ended. Purchase Title Insurance Title insurance is probably the best risk minimizer and many lenders now require it. According to the Mexican law journal. An expert real estate attorney can negotiate with the title company on your behalf to lower the price and make sure that the policy has the least possible exceptions. Source: Zaidman, Esther. "Buying real estate in Mexico has become easier." The National Law Journal (March 31, 2008).
Related Articles How to Lose Your Money in Mexico Real Estate Investing in Mexico? Beware of the Ejidos!

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