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Lic, James Santacroce, Broker
102 La Costa Buena Vista Buena Vista, BCS 23330
Cell: +526241100187
Work Phone: +15053125718
Email Lic, James
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                                 East Cape Realty Group 

          

The Roles of a Notary in Real Estate in Mexico

"Great Coastal Living" on the Sea of Cortez.

East Cape Realty, Call +1.505.312.5718 or +52.624.110.0187 James

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If you are considering buying a property in Mexico, you have likely heard that you will need to hire a notary. However, many foreign buyers are surprised to find out just how much the notary does throughout real estate transactions here. The role of the notary in Mexico is different from their role in most of Latin America, Europe, or the United States. The notary is appointed by the state governor and must be an attorney with at least five years of experience. 

As a buyer in Mexico, the notary is your representative in the process. Consequently, there is usually no reason to hire a second attorney to represent you in a straightforward property sale. The role of notaries in Mexico is most like the roles of escribanos in Uruguay and Argentina.

The notary will perform a title search, prepare all the paperwork, process the real estate transaction, record the new title with the municipality, and collect the taxes and fees.

Be sure to hire a notary who is fluent in English, unless you’re a fluent Spanish speaker. He will serve as your translator, and explain what all those Spanish-language documents are saying. 

A Notary Public in Mexico serves as a representative of the Mexican government who certifies important documents (business and civil). They are also responsible for managing and securely storing original legal records. It’s important to note that the office of the Notary Public carries a larger legal responsibility in Mexico than in the U.S. and many other countries. To be a notary in Mexico, you must meet the following requirements:

  • Mexican citizen
  • At least 35 years old
  • Hold a law degree
  • Three years of experience working at a Notary Public Office (Minimum) 
  • Pass a stringent exam
  • Drafting legal documents.
  • Certifying and processing all of the necessary papers. 
  • Attesting to the agreement of all involved parties by having them sign agreements. 
  • Ensuring that the proper documents and permits are in place. 
  • Advising the buyer of any legal problems or liabilities they may face with the purchase. 
  • Ensuring the legal title is successfully passed from the seller to the buyer. 
  • Providing neutral counsel to all parties involved in the transaction. 
  • Collecting and reporting the fees and taxes related to the transaction. 
  • Arranging an official land appraisal (in some cases) 
  • Recording documents in the Notarial Register Book and with the Public Registry 

 

 

Additionally, an experienced and well-established real estate agent will be able to refer you to the notary they recommend.

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