If you are planning to buy property in Mexico, your legal actions will certainly need the assistance of a notary. In Mexico, a Notary Public has more legal responsibilities compared to a Notary Public in the United States and is an essential part of purchasing real estate. Only specially appointed lawyers can be given the role of a Notary Public in Mexico, and as such it is a highly respected position. Experienced lawyers are evaluated and appointed by the state governor to be notaries.
Qualifications for a Mexican Notary Public
A Notary Public must be a Mexican citizen and at least 35 years age. The candidate must have a law degree and have at least three years of experience at a Notary Public office. He or she must also pass a strict evaluation. Those who qualify and pass will soon be appointed as Notary Public by the state Governor’s office.
Notary Public’s duties when you buy property in Mexico
In Mexico, the Notary Public’s power includes witnessing and certifying business and civil documents that require absolute authenticity. Once appointed, this position is also responsible for managing and storing securely the original legal records. Other responsibilities which some buyers ask the assistance of lawyers can actually be done by the Notary Public. These tasks include processing of the necessary papers and ensuring that the legal title is properly passed from seller to buyer. For this reason, many people forego getting title insurance when they buy property in Mexico.
Do you need a lawyer too?
You don’t have to spend extra for a lawyer’s fees, unless you deem it necessary to your case. If there are complications and you need additional legal advice related to your land transaction or if you are more comfortable having a lawyer around, then you may avail of a lawyer’s services to complement the role of a notary public. However, you must remember that when you buy property in Mexico, the Notary Public is the most important legal person you need.
The Notary will process the deeds
The deed to the property must be prepared and processed by a Notary Public. You, as the buyer, have the right to choose the Notary Public whom you want to work on these tasks. This should be the first decision you should make once you agreed to buy a property. All documentations and permits will be set in order by the Notary Public for the transaction to proceed and that the title can be transferred without hassle. The Notary Public will also inform you of other liabilities or legal actions related to your plan of purchasing a property.
Most Notary Publics in Mexico can be recommended by the property agent you use. Real estate agents in Mexico with good and trustworthy reputations would have established already some strong working relationships with professionals like the Notary Public within their area. If your local agent does not have any suggestions, you may ask your friends or relatives. You can also check the collegiate website for Notary Publics in Mexico.