5 Most Important Points to Review in a Promissory Agreement

Posted by Mexlaw

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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Foreigners and Tax Obligations in Mexico

Posted by Mexlaw

in Accounting, MexLaw

Whether you are an individual earning an income in Mexico, or a business owner in Mexico, you have certain income reporting and tax obligations. This article includes a brief description of the most common taxes and contributions, as well as the corresponding authority. As an employer in Mexico, you are responsible for the following contributions and taxes Payroll Tax 3% of the total salary of the employees is to be submitted monthly to the State Government. The Mexican Social Security Institute (IMSS) Instituto Mexicano del Seguro Social As an employer, you are obligated to pay IMSS for health services and...

13 October

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Risky Business: Extending a Tourist Card Through a Border Run

Posted by Mexlaw

in Immigration, MexLaw

Many foreigners living in Mexico enter as a tourist which typically grants them a 180 day stay. Once their 180-days is up, they leave Mexico and make a “border run.” For residents of the Riviera Maya, this may mean a quick trip to Belize in hopes of re-entering Mexico and gaining another 180-day visitors card. Although the act of leaving Mexico and returning later is not illegal, many times these border runs entail a bribe to the official on the other side making this an illegal and risky process. Mexican Immigration authorities also see this as an abuse of the...

18 August

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The Ejido, a Mexican Concept Misunderstood by Foreigners

Posted by Mexlaw

in Legal Services, MexLaw

Plots of land located near the beach, specifically in Playa del Carmen, Cancún, Puerto Vallarta, Oaxaca, and the Riviera Nayarit are most likely part of an Ejido. Foreigners frequently ask: “What is the significance of Ejido property, and can I buy land there?” Investing in Ejido Land in Mexico: Opportunities for Foreign Buyers An Ejido (or propiedad comunal) is a form of communal land ownership in Mexico, originally created for agricultural purposes. Community members were assigned plots to farm and shared responsibility for maintaining the land. While agriculture was once its primary function, many Ejido properties are now being repurposed for other uses...