As a Law Firm, we have participated in numerous real estate transactions in Baja California and other states in Mexico.
In this article, we’ve summarized the most important knowledge we’ve gained over the years in a simple and accessible way.
Here are our five most valuable legal recommendations for buying and selling real estate:
1. Don’t sign any document without prior legal consultation
This is the most crucial recommendation we can offer.
Many real estate transactions involve parties (buyers or sellers) who realize too late that they’re in a compromised situation, potentially losing time, money, or even risking their assets.
Therefore, never sign any document (preliminary contract, purchase agreement, or any other agreement) without consulting a lawyer specialized in real estate transactions.
2. Research and verify the property’s history
Check the property’s background in the Public Registry of Property and Commerce (RPPC). You can do this yourself or hire specialized lawyers to ensure legal certainty and security in the process.
Real estate laws vary locally, so we recommend working with attorneys based in the city where the property is located. They should have experience in real estate transactions and be familiar with the RPPC’s system and tools.
3. Seek specialized advice for complex cases
Unfortunately, many properties are not properly registered in the RPPC or are irregular, such as:
- Titles from the Commission for Land Tenure Regularization (CORETT).
- Concessions from the Secretariat of Agrarian, Territorial, and Urban Development (SEDATU).
- Contracts from the Institute for Real Estate Development and Housing (INDIVI).
- Properties that were or still are part of an ejido.
For such cases, consult lawyers who specialize in complex real estate issues and understand the intricacies of each case.
4. Ensure legal security in the property transfer
You should know when you’ll receive physical possession of the property and whether the seller can transfer the title to your name.
If the seller cannot or is not in a position to do so, don’t worry—there are legal solutions to formalize the process and guarantee your property’s security and legal certainty.
5. Protect your property
Lastly, consider purchasing Title Insurance for your property.
This is a valuable option that we highly recommend for both foreigners and nationals, depending on the nature of the property involved in the transaction.
We hope these valuable recommendations for buying and selling real estate are helpful to you.
