Real Estate Transactions & Closings

Acquiring property in Mexico is a complex process that involves many potential pitfalls, particularly for foreign purchasers. 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.

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

When advising clients in acquiring realty in Mexico, RosenLaw attorneys:

• Identify and analyze 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 successful investment

Unlike “closing” or “title” companies that represent the “transaction” and not a given party, we represent you, acting as a vigorous advocate, holding your 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 you while ensuring the deal does not “fall through” unnecessarily.

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

As an added layer of protection, in most 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.

Rosen Law offers specific legal services related to real estate transactions, including:

• Drafting letters of intent, offers and promises of trust or to purchase, options, joint venture agreements, trust agreements, escrow agreements, and purchase & sale agreements

• Structuring cross-border real estate transactions and vehicles, including restricted zone trusts, guaranty, development and administrative trusts, Mexican stock and limited liability corporations, SOFOMSs (investment funds) and REITs

• Restructuring, re-organizing and working out troubled, under-performing and distressed assets, including existing, partially built or planned real estate projects

• Conducting and structuring mergers and acquisitions of going real estate, resort, and hospitality concerns

• Advising clients on bankrupt and/or, insolvent estates with Mexican real property assets.

• 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, condominium regimes and CC&Rs, 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

Rosen Law practice areas:

• Real Estate

• Project Development

• Corporate & Finance

• Due Diligence

• Contracts

• Immigration

• Government Procurement

• International Tax

• International Trade, NAFTA and Maquiladoras

• Labor and Employment Law

• Energy Law

• Banking Law

• Litigation