I have various articles written on the subject of How to Buy Your Mexico Home, if you wish to follow this series please click here to see the first post on PURCHASING YOUR MEXICO DREAM HOME Below I continue the series discussing the Mexico Condo regime.
INVESTIGATE THE STATUS OF THE MEXICO CONDO REGIME
A word of caution for those who are considering the purchase of a condominium or a lot in a subdivision In the La Paz Mexico real estate market, just as it is in the rest of Mexico and in other countries, the unit, or lot must be legally described and an individual property tax number issued This individual property must be registered in both the Property Tax Office and in the Mexico Public Registry of Property Often, a developer will spend time and energy on promoting the sale of the Mexico Real Estate properties prior to completing the establishment of the Condominium Regime Until this is completed, legal title to an individual unit or lot cannot be granted since there is nothing to describe! Be sure to investigate the status of the condominium regime prior to completing the offer to purchase!
INSIST UPON RECEIVING A REGISTERED TITLE
The Purchase/sale document signed by buyer and seller is generally legally valid between the parties to the transaction It most likely contains the description of the property, the price to be paid to the seller, and any other special terms and conditions It may be drawn up by the parties, their agent(s), or by a third party It should be considered as an interim contract, however Until the final deed is drafted by and signed before a Mexican Notary Public and duly registered, the transfer WILL NOT provide valid notice to third parties This final deed must be recorded in the Mexico Public Registry Office of the municipality in which the property is located Mexico’s land registry system functions in much the same manner as those in the United States or Canada Unless the deed for the rights of the beneficiary has been recorded, there may not be a remedy for the purchaser who neglected to obtain a registered deed… his interest, his investment, may be lost.
When a foreigner is acquiring residential property for which a Mexico bank trustis required, the purchaser should receive a deed which has been signed by the bank trustee before a Mexican Notary Public This will name the beneficiaries and substitute beneficiaries of the trust in accordance with the purchaser’s instructions. A full description of the property must be included, seller’s Mexico capital gains taxes paid and buyer’s acquisition tax paid These receipts should be included in the deed document which may consist of eight or ten pages, or more The final page of the document should bear the stamp of the Public Registry, together with Book and Page numbers and the date on which it was recorded If this stamp is not on the document, the transaction has not been completed, the buyer is not fully protected
Author Linda Neil has over 35 years of hands on experience in all aspects of Mexican real estate. She holds membership in AMPI, NAR, and FIABCI and PROFECO Certificate 00063/96. Current member of the national advisory board of AMPI she is the owner broker of LINDA NEIL PROPERTIES for more information (512)-879-6546 www.TOPmexicorealestate.com
“Where 11 TOP real estate experts from ALL regions of Mexico come together to share their Tips & Knowledge to help you buy safely !”
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