Understanding the Process of Being Accused of a Crime in Mexico

Posted by Mexlaw

As a traveler or an expat living in a foreign country, you need to be aware of the laws and the legal procedures of that state. Being accused of a crime in a foreign country can be a frightening and costly experience, and it becomes even more worrisome when you do not know the process or the rights that are available to you. If you are arrested, the state will assign a public defender if you can not afford a lawyer. However, having a private defense lawyer is of great importance, since you may face criminal charges in which your...

09 November

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5 Most Important Points to Review in a Promissory Agreement

Posted by Mexlaw

in Legal Services, MexLaw, Real Estate

Once an offer to purchase has been accepted, the next step is to complete a promissory agreement. The promissory agreement in Mexico is a formal and legally binding document that outlines the details and terms of the real estate transaction once all negotiations are final. It outlines details such as the legal description of the property, the final price, any penalties and other clauses agreed on by both parties. This agreement is the foundation of the transaction as the details of this contract will be used later to complete the sale and transfer the Title Deed. In the process of purchasing...

06 November

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LAWYERS VERSUS CLOSING COMPANIES

Posted by Mexlaw

in Legal Services, MexLaw, Real Estate

Although they have been around for some time, closing companies are now becoming more and more prevalent. Essentially, these closing companies or “settlement” companies, are operated by ex-patriots that believe that, because they have experienced firsthand the process of purchasing real estate in Mexico, they can advise and consult others on the process. For a fixed fee, they will read the offer provided by a realtor, make some comments, and then introduce you to a preselected notary and bank to finalize the process. They will, essentially, transfer the most critical part of the process to the notary and the bank...

24 October

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The Law of Hidden Defects in Mexico

Posted by Mexlaw

in Legal Services, MexLaw, Real Estate

Hidden defects are an important point in the process of purchasing a property in Mexico. The definition of hidden defects is those possible defects that a property may have, which could not be known to the buyer at the time of purchase. A defect is classified as a "hidden defect" if: It is not obvious and cannot be recognized by a simple inspection. The buyer is unaware of the defect. The property was defective at the time of the sale. The seller is responsible for a hidden defect even if they were unaware of the defect. The seller will be obliged to repair...

24 October

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Making a Mark for Yourself in Mexico

Posted by Mexlaw

in Legal Services, MexLaw

Trademarks are those symbols or signs used to distinguish products or services in the market; they must be registered to identify them from the competition and to avoid confusion with other companies. By registering the trademark, businesses obtain multiple benefits such as exclusive use, which provides the certainty that the trademark may not be used legally by a third party without authorization. The registration of a trademark has a validity of 10 years from the moment of its application and may be renewed before or after the term expires. Trademarks registered in Mexico are only in effect within the Mexican Republic. However,...