Buying property in Mexico can be a safe and profitable investment, but verifying the validity of the title deed is essential to avoid legal issues or scams. Conducting due diligence ensures that the property is legally registered and free from any disputes or liens.
I am Daniele Zemignani, a real estate broker since 1993. Throughout my career, I have always placed great emphasis on selecting the best properties for my clients.
In Mexico, particularly in coastal areas, I operate as a Buyer Broker, which means that all the properties in my listings have already passed rigorous checks in terms of safety, feasibility, and the credibility of the developers. As a result, on my website, you will only find secure and reliable properties.
In this case, my commission is zero upon purchase because I have already done the hard work in advance. However, if you have found a property you are interested in buying and need my assistance to verify the legal documents, my fee is $3,000 USD.
Alternatively, you can follow this short guide I have written for you—completely free of charge!
Below, we will guide you step by step on how to verify the validity of a property title in Mexico and what documents you should check before finalizing the purchase.
1. Confirm That the Seller Is the Legal Owner
The first step is ensuring that the seller has the legal right to sell the property. To do this:
- Request a copy of the title deed (Escritura Pública): This document is issued by a notary public and registered with the Public Property Registry.
- Compare the seller’s name with the one on the title deed. If they don’t match, there may be ownership issues.
- Check for co-owners: If multiple people own the property, all of them must consent to the sale.
2. Check the Public Property Registry
Every property in Mexico must be registered with the Registro Público de la Propiedad (Public Property Registry) in its respective jurisdiction. A lawyer or notary can obtain a Certificado de Libertad de Gravamen, which confirms:
- The current legal owner
- Whether the property has any mortgages or debts
- If there are any legal disputes or claims
If there are any outstanding mortgages or legal claims, they must be resolved before proceeding with the purchase.
3. Ensure the Land Is Properly Registered
If you’re purchasing land, ensure it is not ejidal property (communal land). Ejidal properties cannot be legally sold to foreigners without undergoing a privatization and regularization process.
To verify land status:
- Request a Certificado de No Ejidalidad to confirm that it is not ejidal property.
- Check with the Registro Agrario Nacional for further verification.
4. Obtain a Certificate of No Liens (Certificado de Libertad de Gravamen)
Another crucial document is the Certificado de Libertad de Gravamen, issued by the Public Property Registry. This certificate confirms that:
- The property has no outstanding debts, mortgages, or tax obligations.
- There are no foreclosures or pending lawsuits against the property.
Without this certificate, the purchase could be risky.
5. Verify Construction Permits and Zoning Compliance
If you’re buying a house or an apartment, ensure that all necessary construction permits and zoning approvals are in place:
- Building permit (Permiso de Construcción)
- Land use certificate (Certificado de Uso de Suelo), confirming the legal land use
- Municipal approval for any structural modifications
Some properties may have unregistered extensions or modifications, which could cause legal issues.
6. Hire a Specialized Real Estate Buyer broker
It is highly recommended to hire a real estate buyer broker experienced in Mexican property laws, especially if you are a foreign buyer. A lawyer can:
- Conduct all legal verifications
- Review the purchase agreement
- Ensure the property is properly registered and free of encumbrances
Although legal fees vary, this investment prevents future legal problems.
7. Check Property Tax Payments
Before purchasing, verify that the seller has paid all property taxes, including the Predial (property tax). Request a copy of the latest tax payment receipt to ensure there are no outstanding debts.
8. If You’re a Foreign Buyer: Verify the Fideicomiso
If the property is within the restricted zone (50 km from the coast or 100 km from the borders), foreigners must purchase through a Fideicomiso (bank trust). This contract with a Mexican bank holds the property on your behalf, allowing you to sell, rent, or transfer it.
Verify that:
- The Fideicomiso is valid and properly registered
- The bank trustee is reputable
- The contract terms are clear
9. Sign the Deed Before a Notary Public
In Mexico, a Notario Público (Public Notary) is a legal officer with the authority to certify real estate transactions. The notary must:
- Verify all legal documentation
- Ensure there are no mortgages or liens
- Officially register the transaction in the Public Property Registry
Only after this registration will the property legally belong to you.
10. Obtain the New Property Title
Once the sale is completed, the notary will register the deed in your name, and you will receive a new title deed (Escritura Pública), officially certifying you as the new owner. Keep this document safe, as it is essential for any future transactions (resale, inheritance, etc.).
Conclusion
Verifying the validity of a property title in Mexico is a critical step to ensure a secure and risk-free purchase. By following these 10 steps:
✅ You will confirm that the seller is the legal owner
✅ You will avoid legal issues related to mortgages, liens, or ejidal land
✅ You will purchase a property legally registered with the Public Property Registry
✅ You will protect yourself by working with an experienced buyer broker and a public notary
Investing in Mexico can be highly rewarding, but proper due diligence is essential. If you’re considering purchasing a property, consult with real estate professionals to make the process smooth and secure.
Do you have any other questions about buying property in Mexico? Contact us for expert guidance!
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