As the U.S. housing market continues its downslide, investors and prospective home owners in general are looking into newer more prosperous markets. There are real estate markets all over the globe that are trying to get into the market mainstream forefront.
Mexico is no longer trying to become a major force in the real estate world, it is already there. Mexico real estate offers a plethora of vacation and investment properties inland or in coastal regions with prices that are half the U.S.’s with twice the potential.
The Mexico government has also made immense improvements to foreign real estate rules and regulations. Mortgages are now offered in 30-year term, which are comparable to those in the U.S.
But as Mexico has been developing and implementing its real estate strength and credibility over the past decade, there are still many skeptics. An article, “Buying real estate in Mexico,” posted on stewartaffiliates.com, provides helpful tips to those skeptics, to ensure a successful real estate transaction in Mexico.
The first thing to know about Mexico home ownership is that you need to obtain a title policy (fideicomiso).
“Property owners tend to believe that the notario público and the public registry assure ownership of realty in Mexico. However, Mexico’s public notaries do not provide a warranty protecting a purchaser’s rights as vested in the title. A title policy is the only monetary indemnification a buyer can procure to guarantee ownership of Mexican real estate.”
Now that you notice the difference of property ownership in Mexico, there are a couple (six actually) principles you should follow to avoid home buyer risks.
Prior to signing any paper work, you should determine whether the seller has legal ownership of the property and if it can be legally transferred. You may want to hire a lawyer to help determine this.
The second principal is to “hire Mexican counsel or a title insurance company to search the ownership status back to the sovereign.” Again, this is sort of a checks-and-balances process.
Next, have your lawyer or legal counsel thoroughly review the buy/sell agreement, which will describe in detail the transaction’s terms and conditions.
Hire a title company to handle the escrow of funds. A title company will ensure that everything is done legally.
“Obtain a property ownership insurance policy to protect against recording errors, liens, encroachments, taxes, fraud, misrepresentation and other ownership issues.”
One more thing to abide by is if you are buying a condominium, it is vital to examine the documents within the condominium regime (the regimen de condomínio and the like), which will clearly define your rights, obligations and restrictions.
Mexico real estate ownership offers an amazing investment opportunity. You just have to take your time and actually read the documents carefully. If there are any questions or unclear documents, notify your law representative.