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Guide to Buying Property in Mexico
By: Resendiz Wong Abogados, Real Estate Attorneys
in Mexico
Introduction:
1. Foreign Citizens Buying
Property in Mexico:
........a.
Land Trusts (Fideicomisos)
........b.
Incorporating in Mexico
2.
Inland and Beachfront Property in Mexico:
3.
Parties Involved When Buying Property in Mexico:
........a.
Mexican Real Estate Agent
........b.
Mexican Real Estate Attorney
........c.
Notary Public
........d.
Bank
4.
Pitfalls to be Avoided When Buying Property in Mexico:
........a.
Ejido Land
........b.
Pre-existing Liens, Unpaid Taxes and/or Utilities
........c.
Existing Structures are Tax Registered and Up to Code
........d.
The Seller is Legally Permitted to Transfer Ownership
........e.
Real Estate Company’s Abusive Contractual Terms
Conclusion:
Introduction
........Buying
property in Mexico is not as overwhelming a task as it is
often perceived to be, however, there are some things any
foreign citizen interested in buying property in Mexico
should be aware of before entering into negotiations for
an investment property or second home there. Within this
guide we will hopefully answer many of the questions you
currently hold regarding what it takes for a foreign citizen
to buy property in Mexico, as well as point out some answers
to questions you didn’t even know you had. One of
the more valuable sections of the guide, “Pitfalls
to be Avoided When Buying Property in Mexico”, for
example, could potentially save you a small fortune by pointing
out costly errors that foreign citizens often make when
purchasing real estate in Mexico.
........We
hope you find our “Guide to Buying Property in Mexico”
useful in your search for answers on how to go about purchasing
real estate or commercial property in Mexico, but please
do not consider the information contained in this guide
as comprehensive to the subject, but instead as a general
overview of some of the more important facts to consider
before you begin prospecting for your dream home in Mexico.
In the end there is no substitute for the personalized professional
advice you will receive from an experienced real estate
attorney in Mexico.
Back
Buying
Property in Mexico
........Originally,
in accordance with Article 27, Section I of the Constitution
of 1917 (“Mexican Constitution”), foreign citizens
were prohibited from purchasing real estate in Mexico1.
Constitutional amendments made in 1993, which dealt specifically
with the issue of foreign citizens buying property in Mexico,
dramatically changed previous rulings and opened up Mexican
real estate to foreign investment. Since that time, Americans
and other foreign citizens have been legally permitted to
obtain full ownership, through fee simple title2,
of Mexican real estate when the Mexican property in question
is located outside of the Restricted Zone (zona restringida)3.
In cases where the Mexican property being prospected by
a potential private foreign buyer is located within the
restricted zone, which is where Mexican real estate is most
often sought, private foreign citizens are permitted to
acquire use and limited exploitation rights4
on the Mexican property through the establishment of a land
trust (fideicomiso)5,
with a local bank, but they are not under any circumstances
permitted to obtain direct ownership of the property through
having the deed registered in their own name.
........The
property deed must be registered under a local bank of the
foreign citizen’s selection, and a land trust, much
like those established on behalf of minors too young to
obtain direct ownership of property in the U.S., must be
set up between the foreign citizen and the bank with which
the property deed will be registered. By law, land trusts
established on the behalf of a foreign citizen, are granted
for an initial term of fifty (50) years, which can later
be renewed for another fifty (50) year term. Once the Mexican
property has been purchased and the trust has been established,
the foreign buyer, being trust beneficiary, will have full
exploitation rights to the property while the bank holds
the title. The trust beneficiary is thus entitled to use
and enjoy the property however he or she may desire for
purposes which constitute dwelling purposes. If the foreigner
wishes at any time to sell the property that is being held
in trust, they may do so at any time they deem necessary,
and for as high a price somebody is willing to pay for it.
With the exception that the deed to the property can never
be registered in their own name, the Mexican real estate
is theirs to use however they wish for private dwelling
purposes (e.g. vacations, seasonal living, as a primary
or secondary home etc.).
........Many
foreign citizens find this irregularity a bit confusing,
and understandably so. If the property deed is not under
their name, they ask, wouldn’t it be financially unsavvy
to invest large amounts of money into developing it? The
answer, quite simply, is no. When it comes to selling a
property located within the restricted zone, selling the
rights to the property via the land trust is not really
any different than selling fee simple title to a property
somewhere else. You are free to terminate the land trust
and sell the property whenever you wish, and for as high
a price somebody is willing to pay for it.
........
There exist two very distinct processes for foreigners to
use to buy property in Mexico which is located in the restricted
zone. The first, which we discuss above, is through the
establishment of a land trust with a local bank. This is
the process used by private foreign citizens that desire
to purchase property within the restricted zone for the
intent to use for dwelling purposes, (e.g. vacations, seasonal
living, as a primary or secondary home etc.). The second
process through which a foreign entity may purchase Mexican
real estate in the restricted zone is through the Mexican
corporation regime.
........In
consideration of Mexican corporations with foreign capital,
the Foreign Investment Act (“FIA”) and the Regulation
for the Foreign Investment Act (“RFIA”), provide
a legal window that allows such corporations to purchase
property within the restricted zone (zona restringida)
and to have fee simple ownership rights to it, provided
that the property purchased is used for commercial purposes
(e.g. time share, leasing, hotels, etc.), as per Section
10 of the FIA and Section 5 of the RFIA allow. To maintain
ownership, a notice of purchase must be filed annually with
the Ministry of Foreign Affairs (“MFA”). Should
it later be found that a property owned by a Mexican company
with foreign capital is being used for dwelling purposes
and not commercial purposes as agreed, such company would
forfeit its rights to direct fee simple ownership of the
property. The company would then have the option to establish
a land trust with a local bank in the same manner as a private
foreign citizen would, for full exploitation rights of the
property for the once renewable fifty (50) year term, with
the exception that those full exploitation rights shall
not include the right to use the property for commercial
purposes.
........
When purchasing real estate in Mexico which is located within
the restricted zone, it is recommended that private foreign
citizens and or Mexican companies with foreign capital solicit
the council of a real estate attorney in Mexico. Both foreign
individuals and Mexican companies with foreign capital may
legally perform all of the functions involved in the transaction
of real estate in Mexico without legal council from a Mexican
real estate attorney, however, we strongly recommend the
use of either a law firm which specializes in real estate
law or a private practice real estate attorney in Mexico.
This is important because there are many procedures and
legal requirements in the purchasing process that if over
looked, could potentially lead to dire financial and legal
consequences in the future. A Mexican real estate attorney
can isolate these contingencies before they present themselves,
potentially saving you or your company an incredible amount
of time, money and effort.
........
A real estate attorney in Mexico
will utilize either of the two legal vehicles discussed
in this section to accord you the ability to purchase property
in Mexico which is located in the restricted zone. For purposes
of better understanding these different ways to purchase
property in Mexico included in the restricted zone, below
we explain in more precise detail both the land trust and
the Mexican corporation regime, as follows:
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A. Land Trusts (fideicomisos)
........As
mentioned, private foreign citizens are prohibited from
registering property located within the restricted zone
in their own name. If a private foreign citizen wishes
to purchase property located within the restricted zone
(zona restringida) they must establish a land
trust (fideicomiso) with a local bank in which
the bank agrees to register the deed under its’
name and hold it on behalf of the foreign citizen for
a legally statutory fifty (50) year term, which can
be renewed for another fifty (50) years. Through this
legal process, established in Mexican Law in 1993, private
foreign citizens are legally permitted to purchase Mexican
real estate property located in the restricted zone,
but are never under any circumstance permitted to obtain
full ownership rights (fee simple title) of such property
by having the deed registered in their own name.
........
After the property has been purchased and the trust
established, foreign citizens will then have full exploitation
rights to the Mexican property, granting them the power
to use and abuse the Mexican real estate as they see
fit. Most private foreign buyers then develop the land
for private use by constructing a home to use for vacations,
seasonal living or as a secondary home. Any added value
to the property by such construction shall be reflected
in its’ final market value.
........
In the case the private
foreign citizen is interested in utilizing the Mexican
real estate property for commercial purposes see Section
1, Part B immediately below.
-
B.
Incorporating in Mexico
........When
a foreign citizen wishes to purchase real estate in
Mexico which is located in the restricted zone, with
which they intend to develop for commercial purposes
(i.e. develop hotels, time-shares, condos or homes to
sell for profit, etc.) the foreign citizen must first
establish a corporation in Mexico; if they have not
already done so. After incorporation the company must
apply to the Ministry of Foreign Affairs (“MFA”)
for the rights to the fee simple title of the Mexican
real estate under consideration. Once the property has
been purchased and MFA has approved the company for
fee simple title, the company will have full ownership
rights and the ability to develop the property commercially.
This legal window which grants foreign citizens the
power to purchase property located within the restricted
zone is specified by the Foreign Investment Act (FIA)
and the Regulation for the Foreign Investment Act (RFIA)
as per Section 10 of the FIA and Section 5 of the RFIA,
Mexican companies with foreign capital are allowed to
purchase and obtain full ownership rights of a property
within the Restricted Zone provided that the property
is to be used for commercial purposes.
........
If you intend on using your Mexican real estate property
solely for dwelling purposes (e.g. vacations, seasonal
living, as a primary or secondary home, etc.), and you
do not have any intention to create annual profit with
your Mexican property through commercial purposes, (e.g.
time share, renting, leasing, hotels, etc.) please refer
back to Section 1, Part A.
Back
Inland
and Beachfront Property in Mexico
........The
reasons for buying inland or beachfront property in Mexico
are as numerous and diverse as the thousands of foreign
citizens who take the leap each and every year. For many,
purchasing real estate in Mexico is a chance to finally
achieve the dream of building a second home to escape to
during the frigid winter months of Northern U.S., Canada
and Europe. For others, buying property in Mexico is more
an investment opportunity, in which they enjoy for the holidays
and vacations and then rent it out for profit throughout
the year while not in use. Still yet, for others, purchasing
real estate in Mexico is the perfect opportunity to secure
that retirement home in paradise where they can spend their
golden years enjoying a nearly perfect climate, world class
golf courses and restaurants, and some of the most hospitable
and friendly neighbors on the planet.
........Just
as is the case in most other places throughout the world,
Mexican property values increase from year to year, but
they have not rose at as significant a rate as those in
the U.S. and Europe. Also as is the same with real estate
properties in the U.S. and Europe, beachfront property in
Mexico is considerably more valuable than properties located
further inland. Still though, when compared to beachfront
and ocean view property values in Malibu or Monaco, Mexican
property along the coastline still comes at quite a bargain,
but that may not always be the case.
........
Considering that foreign citizens have only been permitted
to legally purchase and develop beachfront property in Mexico
since the Constitutional reforms of 1992, the era of opportunity
for investing in beachfront property in Mexico, while still
young, will not last forever. It is no question that some
of the most beautiful beaches in the world are located along
the 9,330 km of Mexican coastline, but as can be expected,
the most select beachfront property in Mexico with the most
incredible views and convenient locations (proximity to
international airports, public utilities and entertainment
attractions), are going to be the first to go. In other
words, if you are considering investing in beachfront property
in Mexico, there is not going to be a better time to do
so than today.
Back
Parties Involved When
Buying Property in Mexico
........There
are four different parties normally involved in a Mexican
real estate transaction involving a foreign buyer who is
a private individual when such Mexican property is located
within the restricted zone: a Mexican real estate agent,
a Mexican real estate attorney, a Public Notary as well
as a local bank. In cases where the Mexican property being
considered is located outside of the restricted zone, a
bank will not be necessary because the establishment of
a trust will not be required. The roles of each person or
entity involved in assisting a foreign citizen in buying
property in Mexico located within the restricted zone, this
includes all beachfront property in Mexico, are as follows:
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A. Mexican Real Estate Agent
........As
is the case in most fields, utilizing the services of
a professional, should ultimately pay for itself in
the long run. When buying property in Mexico, this assumption
holds true as well more often than not. Good Mexican
real estate agents pay for themselves two times over
by assisting buyers in several stages of the purchasing
transaction. First of all, they help buyers find the
Mexican property which is perfect for their preferences
and budget. In Mexico it is often the case that the
availability of a property is spread by word of mouth,
and some of the hidden gems may only be found with the
assistance of a seasoned and reputable agent. Some of
the reasoning for this is that many neighborhoods (colonias)
in Mexico are gated and entrance to them is strictly
regulated. Often times, without the presence of a local
real estate agent, potential buyers are prohibited from
entering such communities to view the homes for sale
within.
........
Even if you are able to obtain entry to a gated colonia,
the homes themselves are often surrounded by high walls,
obscuring your view of many homes and their beautiful
gardens, (these high walls are notably less common in
tourist areas such as Cabo San Lucas, Cancun and Puerto
Vallarta). After you have found a Mexican property in
which you are interested in, your agent can investigate
the buy/sell history of the property you are considering
and similar homes in the area. This will help you to
uncover the true value of the Mexican real estate property
and whether or not the seller is sitting on a “cold
property” in which they paid far too much for.
Uncovering whether the seller is in a hurry to sell
or is patiently waiting for their asking price, is another
way a good Mexican real estate agent can help you save
money, by giving you more bargaining power in the price
negotiation.
........
Many Mexican real estate companies either have their
own attorneys on staff or maintain associations with
local attorneys of their choice. Attorneys working for
the Mexican real estate company are not the most reliable
selection for foreign buyers unaware of some potential
contingencies which could arise down the road, several
years after purchasing real estate in Mexico, as a result
of a poorly performed background investigation of the
property. They are ultimately pursuing the best interests
of the realtor or realty company, not those of the buyer.
........
It is common practice for Mexican real estate agents
to “include” the legal fees in their commission,
but just remember that in life nothing is free and realize
that you are paying for that attorney’s fees one
way or the other. It is recommended that you find an
attorney or firm which specializes in real estate law
or a private practice real estate attorney in Mexico,
so that you can be assured that nothing is being overlooked
which could come back and bite you years down the road.
To help make the process less intimidating, it is also
recommended that you find an attorney fluent in your
native language as well, if you have yet to perfect
your Spanish that is.
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B.
Mexican Real Estate Attorney
........As
implied in the preceding section, an experienced Mexican
real estate attorney is an essential member to the team
of professionals required of a foreign national buying
property in Mexico. Throughout the process of purchasing
real estate in Mexico, your real estate attorney in
Mexico shall be responsible for the drafting of contracts,
assessment of the legal standing of the property, investigating
the background history of the seller, and for the review
of the various terms involved in the sale of the Mexican
property being considered, all of which may help you
avoid any possible legal contingencies which could arise
if something is overlooked.
........
Besides offering his professional expertise and advice
in these matters, your real estate attorney in Mexico
can be very helpful in saving you money as well. Mexican
real estate attorneys work with the various governmental
departments and private entities involved in real estate
transactions in Mexico on nearly a daily basis. Because
of this they often develop close relations with a number
of important contacts within banks, notaries and the
Mexican government offices. At the very least, these
connections help keep attorneys that specialize in this
area of law updated on the most competitive rates and
fees implicated in real estate transactions in Mexico,
information which helps them make sure the buyers they
represent are given the best possible prices.
........
With an experienced Mexican real estate attorney, buying
property in Mexico can be a simple, nearly worry-free
process. However, attempting to navigate the process
without a Mexican real estate attorney, or simply an
inexperienced on, could turn what had always been a
dream into a nightmare. As is often the case, it could
take years for any discrepancies left lingering by an
improper handling of the property rights transfer to
come to surface. Many of the potential legal contingencies
which could develop ultimately spell headache and heartache
for the foreign buyer. There are several common pitfalls
made buy first time buyers and inexperienced Mexican
real estate attorneys during the purchasing process,
which an experienced real estate attorney in Mexico
knows exactly how to avoid. For more information on
the most common pitfalls made when purchasing property
in Mexico, please refer to Section 4.
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C.
Notary Public
........The
Notary Public plays a vital role in the process involved
in buying property in Mexico. The job responsibilities
of a Notary Public in a Civil Law system such as in
Mexico and those of a public notary in an English Law
system such as in the U.S., are as different as night
and day. In the U.S. a public notary is an officer who
can administer oaths and statutory declarations, witness
and authenticate documents and perform certain other
acts varying from jurisdiction to jurisdiction. With
the exception to public notaries in the State of Louisiana,
the roles and powers of a public notary in the U.S.
are significantly more limited than those of their counterparts
in Mexico.
........
In Mexico, the position of Notary Public is directly
appointed by the State Governor, the highest ranking
public office at the state level. The Notary Public
has the absolute power to witness and certify important
documents such as property deeds or business documents
which require absolute authenticity. The appointee of
Notary Public in Mexico also holds the responsibility
for the management and secure storage of original public
records. Under Mexican Law, when buying property in
Mexico, the deed of the property must be prepared by
a Notary Public. It is extremely important that all
important documents involved in buying property in Mexico
are verified through a Notary Public. A good Mexican
real estate attorney has plenty of experience directing
this process, which should help expedite the filing
and authenticating proceedings for the paperwork and
documents required when purchasing real estate in Mexico.
........
If you are confused about where the responsibilities
of the Notary Public end and those of your real estate
attorney in Mexico begin, be sure to ask for clarification
from your Mexican real estate attorney.
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D.
Bank
........As
we have already mentioned, when purchasing real estate
in Mexico which is located within the restricted zone,
a foreign citizen must set up a land trust with a Mexican
bank. Trust agreement (escritura) set-up fees
with the bank can range from $2000-$3000 and annual
service charges can run anywhere from $500-$1000.
........
It is very important that your Mexican real estate attorney
carefully review this trust agreement (escritura)
before agreeing to its terms. Many foreigners unknowingly
sign over the rights for banks to unilaterally raise
the annual service charges as they deem necessary. The
only way to escape from these increased rates once agreed
to is to transfer the trust to another bank. This involves
another round of set-up fees and taxes that are best
avoided.
........
In most cases your real estate attorney in Mexico should
be aware of which banks in the area offer the best rates
and which ones have a tendency to sneak a clause into
the trust agreement which grant them the power to raise
rates over time. Utilizing your Mexican real estate
attorney in this manner will save you the time from
having to shop around from bank to bank to find the
best rate.
Back
Pitfalls
to be Avoided When Buying Property in Mexico
........When
buying property in Mexico one must be very careful to avoid
some of the commonly made mistakes which often lead to stringent
fees and penalties and possibly even the confiscation of
the property itself, including everything which has been
constructed upon it since purchased. Immediately below you
will find a brief explanation of some of the most commonly
made mistakes that can be avoided if an experienced real
estate attorney is leading your purchase transaction.
........
It is not our intention that you take any of the information
included below or previously mentioned in this document
as direct legal council from our firm. We are merely offering
this publication as an informative to help prepare you for
your future purchase in Mexico, and as so must recommend
that you solicit council from a real estate attorney in
Mexico once you are prepared to proceed further. The information
provided is our opinion and should not be perceived as absolute
fact.
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A.
Ejido Land
........A
significant percentage of Mexican real estate is located
within community owned parcels of land called ejidos.
Ejidos are common grazing pastures or community
lands that were provided by the government to population
centers in order to provide food for the members of
that community. After suffering through years under
the encomienda system, in which the Spanish
conquerors and their inheritors were granted trusteeship
over the indigenous people residing on their plantations,
land reform was one of the principal objectives of the
Mexican Revolution and the resulting Constitution of
1917. In the Constitution of 1917, land was established
as a constitutional right of the Mexican people, and
ejidos were created a few years later to meet
that constitutional requirement.
........
The size of an ejido depends upon the size
of the population center which has been granted title
to it, either by inheriting it or by application and
approval, as well as the productivity of the land being
considered. Members of the ejido are permitted
to construct homes and cultivate the land which it embodies.
Before 1992, it was impossible for any body but an ejidatorio
to obtain property rights to ejido land. Constitutional
reforms championed by President Carlos Salinas de Gortari,
citing the low productivity of communally owned land,
eliminated the constitutional right to ejidos
and opened the door for its conversion into private
property. Communities that so choose, may apply to have
their ejido converted into private property
which may then be divided evenly amongst the ejidatorios
to then be used as they deem appropriate.
........
If a person unknowingly purchases property in Mexico
which is still included in an ejido land claim,
whether merely by a small percentage of the property
or by entirety, their rights in the case of any legal
proceeding are decidedly subordinate to those of the
ejido land holders. To put it simply, if a
person purchases Mexican real estate property which
is later deemed to be ejido land, such person
will either lose all rights to the property and any
permanent structures which have been built on it, or
face an extremely long and costly legal battle in which
they will have little or no chance of winning. For these
reasons it is extremely important for you to select
a Mexican real estate attorney experienced in real estate
law in Mexico. Mexican real estate attorneys are much
more scrupulous in their investigation into the seller
and the property, if for no other reason, because they
are aware of exactly what pitfalls need to be carefully
avoided.
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B.
Pre-existing Liens, Unpaid Taxes and/or Utilities
........Under
Mexican Law liens are passed on with the title of the
land. Therefore, when purchasing real estate in Mexico
it is extremely important that your Mexican real estate
attorney performs a series of checks to ensure that
the Mexican property under consideration has a clean
history and there are no pre-existing liens, such as
an old unpaid mortgage. It is also recommended that
you be sure and verify with the Notary Public that all
of the necessary land taxes have been paid for up to
the l-ast five years and that all utility bills included
within the last two years have been settled as well.
Mexican Law does not hold you liable for any taxes or
utility bills beyond these time frames.
-
C.
Existing Structures are Tax Registered and Up to Code
........Some
other important tasks to be performed by your Mexican
real estate attorney are to check that all of the pre-existing
structures on your property have been tax registered,
and that all of the installed utilities in those structures
were done so in legal fashion. The potential consequences
in not performing these tasks are not quite as severe
as the other potential pitfalls listed, but failure
to identify and correct any pre-existing aberration
of the law in regards to building codes or any previous
failure to accurately register the property with the
tax authorities, could potentially lead to some stringent
fines and penalties which are better avoided.
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D. The Seller is Legally Permitted to Transfer Ownership
........This
may seem self-evident, but it is all too often the case
that a foreign buyer will enter into negotiations with
a potential seller in Mexico, who is not legally endowed
to sell the property, usually because the property is
jointly owned. If this is the case, both or all owners
must agree to sell. If a buyer enters into and completes
negotiations with a seller and it is later uncovered
that the seller was not legally permitted to sell the
property because there were other joint owners of the
property in question, the rights of the buyer in regard
to the ownership of the property will be substantially
less than those of the original owners that never authorized
the transfer of ownership.
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E. Realty Company’s Abusive Contractual Terms
and Conditions
........Realtors
most of the time use one-sided contracts crafted and
drafted by their attorneys to give the realty company
all the advantages in the sale transaction. To avoid
this, it is important that your real estate attorney
stand up for your interests and challenge those abusive
or inconvenient provisions often contained in the conventional
previously composed contracts often used by realtors.
Back
Conclusion
........In
conclusion, we would like to recommend that if you are seriously
considering purchasing real estate in Mexico located within
the restricted zone, that you solicit the professional legal
council of a real estate attorney in Mexico; one with both
a good reputation and a lot of experience. You can be assured
that such a high-caliber real estate attorney will perform
his duties right the first time, saving you from the over-charging
and double-charging which can be common practice by attorneys
in Mexico, most notably when working with foreign clients.
We recommend an attorney fluent in your native language
as well, so that if you have any questions about the transaction
process, your attorney will be able to give you an articulate
and precise answer to put your mind at ease, allowing you
to sleep without worry. In terms of receiving an immediate
return on your investment, an experienced and reputable
Mexican real estate attorney will also help you locate the
lowest interest rates and governmental processing fees through
their various connections with banks and governmental agencies
in the area; contacts which they have meticulously built
and are able to maintain only through honest and ethical
legal service. Most importantly, your legal representation
in Mexico will help you avoid the costly legal contingencies
which could arise out of any major misstep taken throughout
the transaction process.
........
When considering real estate attorneys in Mexico it is always
a good idea to check with the U.S. Embassy in Mexico before
making your final selection. If an attorney has a history
of misrepresenting U.S. citizens in Mexico, it should have
been reported at some point with the Embassy. However, it
is safe to say that not every dishonest attorney with a
poor history in assisting foreign citizens in Mexico will
be flagged on such a list. In other words, just because
an attorney has not been black listed, it does not automatically
mean you should hire him. Instead, once you have clarified
that the attorney has no registered complaints against him,
look for additional proof of a good service record, such
as certificates of approval from the U.S. Embassy in Mexico,
or its various departments. Having such documentation often
signifies that the attorney has a long and proven track
record of providing outstanding and honest legal service
to U.S. citizens in Mexico, and likely citizens of other
foreign nations as well.
........
Our firm, Resendiz Wong Abogados, is very proud of being
recognized by both the United States Embassy in Mexico and
the U.S. Department of Commerce, and we always look forward
to having the opportunity to show clients new and old that
we are deserving of such approval.
Back
_____________________
1 After suffering through
years under the encomienda system, in which the Spanish
conquerors and their inheritors were granted trusteeship
over the indigenous people residing on their plantations,
land reform was one of the principal objectives of the Mexican
Revolution and the resulting Constitution of 1917. In the
Constitution of 1917, land was established as a constitutional
right of the Mexican people.
2 Fee Simple
Title – Is defined by law as, the estate which a man
has where lands are given to him and his heirs absolutely
without any end or limit put to his estate.
3 The Mexican
Constitution does not allow foreigners to register deeds
to land in their own names in areas of Mexico that are included
in a zone of fifty (50) kilometers from the coastline and
one hundred (100) kilometers from a national border. The
area included by these parameters is known as the Restricted
Zone or zona restringida in Spanish.
4 Exploitation
Rights – As used, the right to use or possess the
property, including its fruits and products for personal
and private use, as well as any profits or revenue that
results from its transfer to a third party.
5 Because foreign
citizens are prohibited from registering deeds to land located
within the Restricted Zones in their own names, those who
wish to purchase property located within the Restricted
Zone must establish a land trust, or fideicomiso in Spanish,
with a local bank in which the bank agrees to have the deeds
to the land registered under its name for a fee to be paid
by the foreign citizen. This trust is good for fifty (50)
years and is renewable for an additional fifty (50) year
term (statutory set limits). The bank is granted no prevailing
rights over the property and is obligated by contract to
forfeit the deeds to the foreign citizen, the trust beneficiary,
in the case he sells the property to a third party before
the conclusion of his fifty (50) year term.
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About
the Authors:
This publication was
brought to you through the collaborative efforts of
Ricardo Resendiz Wong, of Resendiz Wong Abogados.
The attorneys of Resendiz Wong Abogados have extensive
experience in assisting Americans and other foreign
citizens in purchasing real estate and commercial
property in Mexico.
Mr. Ricardo Resendiz
Wong obtained his law degree “With Honors”
from Universidad Nacional Autonoma de Mexico (UNAM).
Mr. Reséndiz has also completed post-graduate
studies at Escuela Libre de Derecho; Corporate Law
from Universidad Iberoamericana; Tax Law and International
Finance Law from Universidad Panamericana; a Masters
in Tax Law also from Universidad Panamericana, and
is the recipient of Letters of Credit from the International
Chamber of Commerce. Mr. Reséndiz is a regularly
invited lecturer at the U.S. Department of Commerce
in Mexico City where he speaks on issues of interest
to foreign investors. Mr. Resendiz is fluent in English,
French and German.
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The
information contained in this publication is intended solely
for informational purposes and is not to be construed under
any circumstances as legal advice. If you require legal
assistance in Mexico specifically in the areas of commercial
property or real estate law please do not hesitate to contact
our office by emailing Ricardo Resendiz at rwa@resendizwong.net
or by calling +52(55) 5678-5100. If you require legal assistance
in areas of corporate or business law please send us a general
inquiry to rwa@resendizwong.net
Thank You.
Buying Property
in Mexico - Purchasing Property in Mexico
Real Estate Attorneys in Mexico - Real
Estate Lawyers in Mexico
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