Real Estate Transactions & Closings

Acquiring property in Mexico is a complex process that involves many potential pitfalls, particularly for foreign investors. To complicate matters, Mexico's title system is far less technologically advanced than its northern neighbors. Defects and uncertainty in title remain prevalent.

Foreign buyers of real property are also well-advised to retain independent legal counsel to conduct necessary due diligence and review contracts and other closing documents. Relying on the advice of the seller's attorneys is not recommended, since their interests may not coincide with the buyer's.

To assist our clients in reducing these risks and avoiding the associated pitfalls, Rosen Law offers a complete package of legal services related to all types of real estate transactions.

When advising clients in acquiring realty in Mexico, Rosen Law attorneys:

• Identify the legal risks and contingencies associated with a given transaction
• Assist in mitigating them
• Ensure a timely, efficient, and legally sound closing that translates into a safe and profitable investment.

Unlike “closing” or “title” companies that represent the “transaction” more than a given party, we represent you , acting as a vigorous advocate and holding our client's interests above all others. Likewise, our understanding of local culture and practices allows us to communicate effectively with local sellers, understand their needs, and create effective solutions that protect our client while ensuring the deal does not “fall through” unnecessarily.

In sum, with Rosen Law, clients get two for one: a closing company AND an advocate.

As an added layer of protection, in almost all cases, we recommend our clients obtain title insurance and use third-party, U.S.-based escrow. But our goal is not to obtain an “off-the-shelf” policy; rather, we want to ensure the policy is tailor-made to meet the client's needs as we address all pertinent exceptions and conditions related to the policy. As with any insurance policy, the “fine print' is what counts. We synthesize and interpret the terms of the policy for you, tell you what it covers and does not, and to the extent possible, advocate to limit coverage exceptions, exclusions and conditions.

We offer specific legal services related to real estate transactions:

• Drafting letters of intent, offers and promises to purchase, options, joint venture agreements, trust agreements, escrows, and purchase and sale agreements
• Structuring cross-border real estate transactions and vehicles, including restricted zone trusts, guaranty and administrative trusts, and corporations
• Conducting due diligence on real property and the entities selling real property
• Conducting title searches; facilitating, negotiating and obtaining title insurance coverage and escrow agreements
• Providing tax advice and tax planning for real estate investments and projects
• Coordinating and facilitating the closing process, including appraisals, surveys, subdivisions, condo regimes, beachfront concessions, public registry and cadastre approvals, trust formation and permits, powers of attorney, and formalizations before Mexico's notarios públicos
• Auditing and representing buyer's interests during closings conducted by agents whose interests are not necessarily aligned with the buyer's.