Guideline for a Successful Real Estate Acquisition

 ventanamagazine.com
 Author: Linda Neil


Buying property in any country can be stressful. A property investment in Mexico can be just as safe and secure as in the U.S. or Canada, if it’s done correctly.

Here are some guidelines for success in a real estate acquisition in Mexico:

1. Be sure the agent you select to represent you is a real estate professional. He or she should be a member of AMPI, the Mexican National Real Estate Association. Ask for references, check them out. Be satisfied the person representing you is experienced in Mexican transactions.

2. Insist that the person representing you, represent ONLY you, the buyer, and not also the seller unless you understand, agree to and sign an agency disclosure agreement.

3. Consider only the purchase of PRIVATE property. Ejidal property is often offered at a far lower price but it cannot legally be sold or promised to be sold until it becomes private property.

4. Be certain that you and your agent are dealing ONLY with the owner of record or his or her legitimate power of attorney. Insist upon receiving a copy of the seller’s deed as a condition of your offer. If you and /or your agent don’t understand Spanish, get it translated.

5.. Avoid costly and time consuming litigation, insist upon including a binding arbitration clause in your contracts with the seller and other parties involved.

6. Get a title investigation and buy title insurance for the full amount of your purchase price. While the initial search may seem expensive for some areas, the title policy transfers risk to the insurance company, and minimizes yours as the buyer.

7. Think carefully about how you acquire title in order to avoid or minimize probate and transfer costs in the future.

8. Closing costs may run from 13% to 20% of the cost of a $50,000. dollars property. The multimillion-dollar property will be about 3.5% of purchase price. Certain costs are fixed regardless of value. Be sure to budget for closing costs and get a full estimate in writing from the company supervising your transfer.

9. The major portion of your payment for the property should be held in escrow until the deed has been signed by the seller and, if applicable, the bank trustee (if a fideicomiso).

10. INSIST upon receiving a registered title document for your property. If the seller is financing the property, sign a document protecting his interests in the event of your default. Be SURE you know the amount which is declared in your deed and understand the tax implications of same.

11. Use an experienced neutral third party to supervise the transfer of title to you.