The fideicomiso, 3 simple actors process 3/3

How to make the transaction ?

To carry out the fideicomiso or escrow process, 3 parties are necessary:

• • the real estate agent
  • the bank
  • the notary

1/ – The real estate agent:

The process of buying a property in Mexico is different from the one in your home country and the real estate agent is there to guide you in all your steps, his role is fundamental.

2/ – The Notary

A Mexican notary (Notario Publico) is licensed and certified by the Federal State government. He acts as the official representative of the Mexican government.

He/she ensures the strict security of the original files and documents and registers the documents with the public property registry.

In addition, he or she may be held civilly and criminally liable if the documents are not drawn up scrupulously or if the transaction is not done properly.

You will also receive advice from your notary on legal options to ensure that no action is overlooked, such as:

• tax planning
• costs paid by the seller
• how to complete your purchase.

Very often, good advice can save you money, especially for taxes.mIt is important to know that all real estate transactions must be ratified before a notary and duly recorded in the public register. If this is not the case, any transaction is considered invalid and unenforceable.

The notary ensures:

• the legality of the property transfer
• the calculation and retention of the seller’s capital gains tax on behalf of the government
• collecting the buyer’s acquisition tax
• the payment to the Ministry of Foreign Affairs
• coordination of appraisals, certificates of no lien, certificates of no debt
• Application for all related authorizations.

After the closing, the notary must register the transaction at the Public Registry and at the Tax Office (Cadastre).

3/ – The Bank

As a buyer, you have the right to choose any qualified bank for the transaction. Not all banks are approved by Fideicomiso. It is necessary to inquire carefully.

The bank will ensure that the closing of the transaction is legal and appropriate. The bank will issue a trust for the transaction, but rest assured, the bank has no right to change the contract once it is signed. To modify the contract, a handwritten and signed letter from you is required.
Having a major bank by your side is an additional protection to secure the sales contract.

Last point concerning the banks, the Mexican banks are protected by the government in case of bankruptcy.

In the rare case where the Mexican bank is in financial difficulty, the property will be transferred to another bank in trust which will be in charge of your contract. These are laws imposed by the federal government.

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