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Buying a Home in Jalisco, Mexico (Lakeside). FAQ



What is SRE Notification?

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Written by Juan Barbosa
Tuesday, 15 July 2008
This is the fee, a non-Mexican must pay to purchase property in México. Approx. $500.00 each.
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Last Updated Monday, 29 November 1999
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What you need to buy Real Estate in Mexico?

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Written by Juan Barbosa
Tuesday, 15 July 2008
a. Passport

b.
Visa- With Readable Stamp on Back

c.
10% of Purchase offer Price for Down Payment

d.
A Notario to do the "Closing"

e. SRE Notification.

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Last Updated Tuesday, 15 July 2008
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Are there Mortgages in Mexico?

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Written by Juan Barbosa
Tuesday, 15 July 2008
Yes, information available upon request.

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Last Updated Monday, 18 August 2008
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Buying with Direct Deed

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Written by Juan Barbosa
Wednesday, 20 August 2008
This clause which is part of the Constitution is very important for foreign real estate owners. The clause states that the real estate owners agree to be bound by the laws of Mexico and not seek recourse to law in their home countries. Foreigners must sign a Calvo Clause agreement to obtain permission for real estate ownership from l\/lexico’s Secretary of Foreign Affairs. This clause is usually inserted into property deeds.

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Last Updated Monday, 29 November 1999
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Can we get Title Insurance as in the US or Canada to protect us?

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Written by Juan Barbosa
Tuesday, 15 July 2008
Yes, it’s available.

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Last Updated Monday, 18 August 2008
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Deposits and Escrow

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Written by Juan Barbosa
Wednesday, 20 August 2008
A deposit of earnest money is expected to accompany presentation of the offer to the seller. A deposit of ten percent is customary.

The practice of escrow in Mexico is in an early stage, There are established companies, such as Stewart Title among others, offer escrow services.

Can a real estate company act as the escrow agent'? Yes, it can and many do so.

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Last Updated Monday, 29 November 1999
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Do they have Clear Deeds in Mexico?

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Written by Juan Barbosa
Tuesday, 15 July 2008
Yes, the only difference in your deed here than the US or Canada, is the deed is in Spanish.

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Last Updated Monday, 18 August 2008
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Do you own the land?

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Written by Juan Barbosa
Tuesday, 15 July 2008
Yes, you own the land. There are restrictions on ocean front property and properties bordering other countries.

TRUST: The property is held in trust by a bank of your choice. Benefits: anyone can be beneficiary, Problems: An annual fee is paid to the bank which raises yearly.

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Last Updated Tuesday, 15 July 2008
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Ejido Land

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Written by Juan Barbosa
Wednesday, 20 August 2008
This body of law, la Ley Agraria, maintains the National Agrarian Registry which oversees disposition, use, and modification of ejido land. Once a parcel of land is totally unincorporated from agrarian control, its registry is transferred to the local Public Registry of Property.

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Last Updated Monday, 29 November 1999
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How do I receive title to my Real Estate?

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Written by Juan Barbosa
Tuesday, 15 July 2008
You have a choice of: DIRECT DEED: Similar to the US except beneficiaries must be direct line or spouses....No annual fees
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Last Updated Monday, 29 November 1999
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If you should be responsible for paying Capital Gains, how is it figured?

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Written by Juan Barbosa
Tuesday, 15 July 2008
When you purchase your property, a new Avalúo (Tax Evaluation) is done on the property, and when you sell the property, another Avalúo is made. The difference between the two avalúos is considered taxable for Capital Gains tax. It does not matter what you paid for the home, nor what you sold it for. If you make major improvements, like room additions, added a carport, etc, these can be deducted. The Capital Gains can be as much as 25% of the avaluo difference.


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Last Updated Monday, 29 November 1999
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Items need to close property with a Notary?

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Written by Juan Barbosa
Tuesday, 15 July 2008
*Signed Contract

*General Information Sheet on the Buyer

*Immigration papers (FM-2, or 3, or FM-T)

*Passport

*Power of Attorney (if you are not going to be here for Closing) (Less expensive here than states. Approx. $250.00 US)-

*Permit Money for Property Purchase ($500.00 Us per person) (This takes at least 8 days)

Closings take approximately 30 days.

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Last Updated Monday, 29 November 1999
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Must we pay CASH for a home in Mexico? Is it in Pesos?

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Written by Juan Barbosa
Tuesday, 15 July 2008
Yes, you pay cash, and in American dollars.

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Last Updated Monday, 18 August 2008
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Notary Law and Federal Law of Public Brokerage

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Written by Juan Barbosa
Wednesday, 20 August 2008
This law regulates Notarios, the public brokers specializing in mercantile and property law. They are entrusted by the Gove rnment with the functions of broker, appraisal expert, legal advisor, arbitrator, or public recorder of ofticial documents.

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Last Updated Monday, 29 November 1999
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Public Registry

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Written by Juan Barbosa
Wednesday, 20 August 2008
The Registry is the public record of property deeds. The individuals who administer the offices of the Federal Public Registry (RPdeC), centrally or locally, maintain the records.

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Last Updated Monday, 29 November 1999
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Steps in the Transaction?

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Written by Juan Barbosa
Monday, 18 August 2008
For foreigners, the process of finding and purchasing a property in Mexico follows the same general sequence and principles as in the USA, Canada, and Europe. Purchasing real estate involves:

1. finding the property
2. negotiating an offer
3. performing due diligence
4. obtaining proper documentation
5. arranging payment
6. closing the transaction

Within the transaction's sequence of events, there are key differences in procedures, documents, and people involved in the transaction.

"Buying south ofthe border, however, is not like buying property in the United States or Canada, and purchasers must always remember that the process is different than purchasing another house in their neighborhood. Even if you believe you are a savy real estate person, take off your domestic blinders and prepare to look through a different set of glasses. That is not to say that real estate transactions (operaciones) in Mexico are totally different or more complicated... but more awareness, street sense, and patience usually are needed.

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Last Updated Monday, 29 November 1999
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What are the Notary Law and Federal Law of Public Brokerage?

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Written by Juan Barbosa
Monday, 18 August 2008
This law regulates Notarios, the public brokers specializing in mercantile and property law. They are entrusted by the Government with the functions of broker, appraisal expert, legal advisor, arbitrator, or public recorder of official documents.

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Last Updated Monday, 29 November 1999
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What does the SELLER pay?

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Written by Juan Barbosa
Tuesday, 15 July 2008
Commission, Capital Gains (if applicable).
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Last Updated Monday, 29 November 1999
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What Impacts Property Values?

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Written by Juan Barbosa
Monday, 18 August 2008
Factors that influence property values include:

> Access: roads, harbors, and airports
> Infrastructure: streets, water and waste system, communications, telecommunications
> Services: hospitals, medical facilities, retail stores, grocery stores, restaurants
> Community: presence of other expatriates
> Attitude: acceptance by local population of foreigners and newcomers
> Atmosphere: relaxed, traditional, colonial
> Climate: warm weather, year-round spring, or "some like it hotl"
> Recreation: boating, fishing, golf, ecotourism, cultural activities
> Development: variety of property types and price ranges
> Security: gated communities, condo units, self-contained
> Supply and demand: hot seller's market
> Future development: residential, commercial, recreational
 

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Last Updated Monday, 18 August 2008
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What is a Notario?

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Written by Juan Barbosa
Tuesday, 15 July 2008
*An Attorney

*Plus 5 Years Apprenticeship with Qualified Notario
*Special Additional Classes that Speak only on the Transfer of Real Estate
*An Appointment to the Office of Notario for Life, unless they get into serious trouble.

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Last Updated Tuesday, 15 July 2008
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What is an Apostille?

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Written by Juan Barbosa
Monday, 18 August 2008
ls it necessary for a buyer or seller to be present at the closing in order for the transaction to conclude? Buyers or sellers can grant powers of attorney to third parties who act on their behalf. The grantor should allow the grantee sufficient authority to carry out the intended action but no more than instructed to do.

The power of attorney must be signed before a notary public and "apostiIled" by the Secretary of State in the country in which it was executed.

The apostille is a form of internationally recognized notarization. It is a brief document that when  attached to another document authenticates or legalizes it. ln 1981, the Convention Abolishing the Requirement of Legalization for Foreign Public Documents was established. Under this Convention, signed in the Hague, signatory countries agree to mutually recognize each other's public documents so long as they are authenticated by an apostille. Mexico and the USA are both signatories to this convention, but Canada is not.

Other signatory countries include:
Germany, Argentina, Australia, Austria, Bahamas, Spain, Israel, France, Greece, and Norway.

In countries that are not signatories to this Hague Convention, documents to be used in Mexico must be authenticated by obtaining a legalization or ratification from the Mexican Consulate; the Consulate maintains a list of authorized notaries with samples of their signatures and is able to ratify the authenticity of the notary's signature.

A closing company can assist with preparing the appropriate power of attorney for the buyer or seller. These powers of attorney are particularly helpful in coordinating the legal presence of buyers and sellers, particularly when one, or both, are foreigners.

For information on signatory countries and downloadable apostille forms, go to www.apostiIIeinfo.com.
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Last Updated Monday, 18 August 2008
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What sort of Taxes must I pay for a home in Mexico?

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Written by Juan Barbosa
Tuesday, 15 July 2008
Home taxes here run from $100.00 US to $275.00 per year.

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Last Updated Monday, 18 August 2008
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Who must pay Capital Gains?

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Written by Juan Barbosa
Tuesday, 15 July 2008
A SELLER that cannot prove he/she has owned and occupied is property 4 to 6 months (different Notarios use different months). This is usually no problem as long as original utility receipts show ownership as to name and address of the owner. All names on the deed must have a current FM-2 or FM-3 at the time of closing.
Properties that have tax value over $500,000 US approx., must provide original utility receipts for the last 5 years to avoid capital gains.

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Last Updated Monday, 29 November 1999
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Who pays closing costs?

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Written by Juan Barbosa
Tuesday, 15 July 2008
The BUYER pays closing costs based on the tax value of property.
Commercial properties pays 15% IVA tax (based on tax value on construction only) plus closing cost.

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Last Updated Monday, 29 November 1999
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