Whether you want to buy a luxury home in Lake Chapala or purchase a luxury condo in Puerto Aventuras, an essential character within the real estate transaction is the notary public in Mexico. Since it is his authority that gives legal certainty to the transaction both for the seller and for the one who acquires the property.
What is a notary public in Mexico?
The Mexican notary public is different than what we see in the United States and Canada. They have more responsibilities and authority. The notary public in Mexico is a legal professional appointed from public faith by the State. According to the Tax Administration Service (SAT), the notary public in Mexico provides security and certainty in the acts and facts of which he testifies in full autonomy in his decisions.
A notary public in Mexico has additional years in law school and must have passed a rigorous examination before being considered for a notary position.
The number of notaries is limited as they are appointed based on the city’s population. Also, their jurisdiction is restricted to the state they are based on.
What are the functions of a notary public?
Only notaries can transfer real estate and perform other functions related to real estate. So it is indispensable to have the notary’s certification to purchase a house in Mexico.
The notary interprets, makes drafts, and gives legal form to documents such as public deeds. He provides public faith for legal acts as the agreements and helps obtain the public deed.
What is the notary public responsible for?
A notary public in Mexico is responsible for seeking errors in the title. They certify that the property is free of liens and debts, that the seller has the legal rights to sell the property, and research if he is the only owner or if there is a spouse or children that could contest the agreement.
Once he assures that the seller and the buyer have all their documents in order, the notary public prepares a purchase sales agreement. He also makes sure to put the purchase sales agreement together correctly.
One of the final steps that the notary does is to make sure that the buyer has transferred the payment agreed upon to the seller. He certifies that the seller and buyer are who they say they are. If it is a corporation, he certifies that the person that represents it is the legal persona.
Another function of the notary public in Mexico is to collect the taxes from the parties. On the buyer’s side, as we mentioned in the previous articles, they are the acquisition taxes. On the other side, the selling party has to pay the capital gains tax. The notary public holds on to that money and is responsible that within about 15 days, that money arrives too to the SAT (Mexican tax authorities).
Finally, he is responsible for registering the new deed in the buyer’s name in the Public Registry. Next chapter, we will talk about the public registry, so stay tuned.
And remember, at Top Mexico Real Estate, we make it happen!