by Linda Neil
Linda Neil is a Real Estate Consultant with more than
30 years experience in selling real estate in Mexico. She is a founding member
of AMPI, the Mexican national real estate association. We are delighted to
welcome Linda's expertise and articles to our publication
Mexico is a wonderful and very beautiful country. If you enjoy
your visit you may begin to think about acquiring a bit of our paradise. We
have mountains, lakes, rivers, forests, deserts and seashore in Mexico. We also
have history, ancient cultures, handcrafts, folklore and many other wonderful
things to share.
Buying property in ANY country can be stressful. A property
purchase in Mexico can be just as safe and secure as in the U.S. or Canada… IF
it is 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 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.

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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. dll. 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
withheld or 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.
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