Opening Doors, Closing Deals
We’re a Title Company & Law Firm Specialized in Title Transactions, Escrow, and Financing
For two decades our expert bilingual team of real estate attorneys have successfully advised, guided and managed thousands of real estate title transactions on behalf of foreign buyers and sellers, and provided secure and tax efficient escrow and financing solutions.
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The Ultimate Guide to Buying and Selling Real Estate Property In Mexico
In this practical, step by step legal guide for buyers, sellers and real estate agents or brokers, you will learn the most important aspects and stages of buying or selling a property in Mexico, including title closing process, escrow and financing.
Specialized real estate legal services, agent and broker training, financing and escrow services
Title Solutions is a real estate law firm composed of senior experienced bilingual attorneys who advise, guide and manage the multiple legal aspects in real estate transactions. Knowing the complexities of real estate transactions, our mission is to protect our clients from financial and legal risks, by anticipating and identifying situations that could trigger a direct loss to your patrimony.
Buyers & Sellers
We provide Legal Closing support throughout real estate transactions, Escrow services to hold in custody and release funds when the conditions of the transaction have been met, and we provide Property Financing, as well as assistance for the formation or acquisition of legal entities to acquire properties with the purpose of controlling its real estate assets.
Agents & Brokers
Title Solutions provide training and legal assistance to independent realtors on current legal and tax procedures, including due diligence and document auditing for buyers and sellers. We also help calculate the estimated closing costs for both buyer and/or seller, which include, notary fees, transfer of property taxes, and capital gain taxes.
Developers
Title Solutions assist real estate developers identify and define the legal procedures and/or policies necessary to structure real estate transactions efficiently and successfully. We help define the processes, and create the necessary documents and tools to allow developers to anticipate and accelerate the sales procedures in legal compliance.
Buyers and sellers
Title Search, Due Diligence and Legal Closing
- Title search to identify the legal status of a property.
- Creation and/or revision of legal documents for the title transfer of a property.
- Coordination of the multiple service providers involved in a real estate transaction such as realtors, notaries, escrow agents, trustee banks, lenders, appraisal agents, accountants, government offices and officials.
LEARNING BITES FOR BUYERS & SELLERS
Title Solutions Video Library
In under 1 minute, learn all you need to know about buying and selling properties in Mexico.
What is an Escrow service?
Escrow is one of the most important aspects of the real estate transaction, the Escrow agent will receive, hold in custody and release funds based on the terms and conditions agreed by both buyer and seller. Escrow is a great tool, it provides financial security not only to buyer and seller, but as well to lenders, realtors or any other party that has a financial interest.
Escrow is a very delicate service since it’s the handling of cash, reason why, its most important that the parties are 100% protected from a legal and a financial aspect, the escrow accounts offered by Title Solutions are not only regulated, but supervised and audited by the banking commission.
Understand the importance a Purchase Agreement.
The purchase agreement is the legal basis of the real estate transaction, such document must be clear, not subject to interpretation and the obligations assumed by both buyer and seller must be very well defined. Such document must contain key elements, such as name of buyer, seller, description of the property, purchase price, payment schedule, delivery dates, penalty clauses, among others. Please contact Title Solutions in order to prepare and/or review the proposed purchase agreement.
What is a condo regime?
The condo regime is a legal document that individualizes private units and designate common areas, this document is mandatory prior to a developer transferring title. If you are acquiring in a pre-construction phase, the developer must formalize the condo regime prior to transferring title.
corporate and financing
Financing, Escrow services and creation of Legal Entities
- Coordination of the financing processes for the purchase of residential homes located in Mexico on behalf of foreign buyers.
- Coordination and supervision of escrow agreements, instructions, reception, custody and release of funds for the purchase price, loan amount and/or closing costs in a real estate transaction.
- Formalizing of the legal documents required for the creation, acquisition or sale of legal entities with the purpose of acquiring properties in Mexico, including due diligence to verify the legal status of an existing entity and its assets, as well as elements such as tax, labor, obligations assumed with third parties, foreign investment, and environmental issues.
The Smart Real Estate Investor's Guide to Buying a Property In Mexico
In this practical guide about investing in real estate in Mexico you will find invaluable insights based on our extensive experience of the market, and some useful advice inspired by our understanding of the many concerns that foreign buyers experience.
Articles & insights
Mexican Real Estate Law
Legal, market and commercial insights for property buyers, sellers and agents.
FAQs
A few answers to the most commonly asked questions regarding the process of buying or selling properties in Mexico. Get in touch with us if you have other questions.
No, any foreign individual can acquire property with a tourist visa. However, it is convenient that once the property is acquired, that a Permanent Resident Visa is obtained, in order to gain certain tax benefits.
A fideicomiso is a trust that allows a foreigner to hold the title to the property through a Mexican bank. The bank acts as the trustee, and the foreigner as the beneficiary.
The trust is valid for 50 years and can be renewed over and over again. Foreigners are generally not allowed to purchase property within 50 km of the coast or 100 km of the border without a trust (fideicomiso).
A Mexican legal entity is practical for the management of a business, this includes the acquisition of a commercial property. However, if your intention is to purchase property for residential purposes even though you will use such property to produce rental income, its recommendable that the acquisition be through the Fideicomiso / Trust. Even if you decide to purchase multiple properties, the Fideicomiso / Trust, will be a better option, since the recurring fees in comparison to a Mexican legal entity are much lower.
Yes. Even though purchasing property in Mexico is quite easy, all documents to be created and executed are legal in nature. Therefore, it is essential that a lawyer represents your interests and confirms that the documents to be executed contain the terms, conditions and obligations assumed by all parties. In addition, all agreements need to contain certain legal specifications, otherwise such documents could be considered null and void.
Due diligence is the revision of legal documents related to a property. It's important because it allows the buyer understand the legal status of the property and determine the steps needed to close on such property. If due diligence is not conducted, the buyer will run the risks of purchasing a property that might have a lien or encumbrance.
An Escrow allows the buyer to deposit funds with a third independent party (The Escrow Agent) and payments would only be paid once the conditions agreed between buyer and seller have been met. In the event that the conditions are not met, the funds could be returned to the buyer or released to any beneficiary.
The notary is a government appointed official who is an attorney and who by law must legalize all real estate transactions. Among his responsibilities, he must calculate retain and pay taxes on behalf of buyer and seller on the date of closing.
Any risk can be prevented by conducting Due Diligence, which is the most important step to initiate the acquisition of any property in Mexico.
The Due diligence will allow you to understand the legal status of a particular property and based on the the status, plan the steps required to formalize the transaction.
Not all Mexican banking institutions provide mortgage services to foreign nationals.
Banks that do offer mortgages to foreign nationals need to pre approve the buyer. For pre approval, the bank will request certain documents to confirm the income and credit history of the buyer. In addition, the banking institution will conduct a due diligence of the property to be purchased by the buyer, as the property will serve as guaranty to secure the loan.
No. In México the seller is obligated to guaranty clear title. In addition, if the buyer / new owner suffers a loss because of a defect in title, the seller of the property has the obligation to indemnify the buyer.