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International Legal Matters Through Letter Rogatory

Rogatory letters are a formal request from the court in one country, to be executed in the court of another. For instance, a court order may be obtained in Canada or the US and be carried out in Mexico. The letter rogatory may be used for civil or commercial matters. One example of the use of a letter rogatory would be a divorcing couple with shared property in Mexico; the wife lives in Canada, and the husband lives in Mexico on their Mexican property.  In the case where the husband, in Mexico, is not cooperating with the split of assets...

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Keeping Up with Travel Alerts Regarding Travel to Mexico

The recent headlines are buzzing with the US Department of State’s current travel advisory updates. While some journalists paint an accurate picture, other journalists publish sensationalized and misleading headlines about safety in Mexico. The truth is Mexico’s top vacation destinations are not subject to the US restriction; Cancun, the Mayan Riviera, Puerto Vallarta-Riviera Nayarit, Mexico City and Los Cabos are considered safe vacation hot spots for foreigners. Last August the US Department of State posted a travel alert which included Quintana Roo and the famous beach destinations Cancun, the Riviera Maya and Cozumel. However, on January 10th the travel alert was...

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Requesting an Appointment with a Mexican Consulate

If you have ever attempted to call a consulate for information or to schedule an appointment, you know how frustrating it can be. Typically you are not able to speak to a human being, you may receive a constant busy signal or a message stating they will not answer questions over the phone. Did you know some consulates allow you to register and request an appointment online? Read on to find out how. In order to apply for residency in Mexico, either temporary or permanent, you need to ask for an appointment at a Mexican consulate. You are not required to...

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Is Your Mexican Real Estate Agent Licensed to Sell Property?

If you are investing in property anywhere in the world, it is important to hire professionals to assist you with your purchase and ensure your investment is protected. In the past, anyone in Mexico could claim to be a real estate agent or rental agent, there were no licenses or regulations in place. In the state of Quintana Roo, one of the fastest growing real estate markets in Mexico, new real estate regulations have been imposed. The new license requirements were published on July 6, 2014. Although the law has been in effect for a few years now, it has...

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Important Considerations of the Construction Contract

Whether you are hiring a contractor for new construction or a renovation project in Mexico, it is imperative to have a contract with your contractor. Construction contracts are designed to establish the obligations between a builder and an owner of a property concerning the execution of work. Its primary purpose is to determine the price, terms, and the manner in which work must be carried out according to the conditions agreed in the contract. The construction contract between individuals is regulated by the Federal Civil Code and the commercial code. Before proceeding with a construction contract, it is important to consider some...

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The Condominium Regime in Mexico

What is the condominium regime and why is it important? The condominium regime is a document granted by a Notario Publico and recorded in the Public Property Registry, and until the developer has received the regime, the new buyers do not have legal title to the property. In some instances this process can take up to six months. Once the state and local municipalities approve the project, the regime is the legal approval issued by the government. The regime contains the rules and regulations of the development. It also includes the legal documents of the property including location, description and measurements of...

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You Have Purchased Property in Mexico, What’s Next?

The most critical points that must be considered after purchasing a property in Mexico include: Getting Possession of the Original Title Deed Get that title deed in your hands; five to six months after both parties sign the title deed, your lawyer or the Notary must provide you with the original title deed. The original title deed includes the boleta de registro with the folio number; this document guarantees the title deed has been registered in the Public Registry of Properties. In their files the last information will be the transfer of rights in favor of the purchaser. Annual Payment on the...

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Real Estate Purchase and a Bank Trust Assignment of Rights

Foreigners buying property in the restricted zone of Mexico are required to purchase through a (fideicomiso) bank trust. In some cases, the buyer will take over an existing bank trust. This is known as an Assignment of Rights (Cesion de Derechos) and depending on the amount of time left on the existing trust, you may be advised as the buyer to take over the trust rather than pay set-up costs to create a new trust. In order to create a new trust, there will be added fees and the cost of extinguishing the current trust. Anytime a person accepts to carry...

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Take Advantage of Discounted Property Taxes (Impuesto Predial)

By owning property in Mexico, you already enjoy a lower cost of maintenance and taxes, but did you know you may take advantage of further discounts by prepaying your Impuesto Predial? January is tax time for property owners in Mexico; property tax Impuesto Predial is calculated in the first two months of the year. Discounts are available if you pay your property tax in full before the due date. The percentage of the discount may vary from state to state and from year to year, ranging from a 5% to 20% discount depending on when you pay your taxes. In Quintana...

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Your Domestic Staff and the Aguinaldo Deadline

The holiday season is quickly approaching, and if you have employees, you need to be aware of the annual bonus all workers are entitled to during the month of December. What is aguinaldo? An annual Christmas bonus that employers in Mexico are required by law to pay to their employees, and it must be paid by December 20. Aguinaldo is separate from vacation pay and it benefits families for the added expenses that come with the holiday season. Article 87 Federal Labor Law states that all employees in Mexico will be entitled to an annual bonus. Not only business owners need to provide...

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