Transferring ownership of a real estate property in Quintana Roo, Mexico.
When purchasing or selling real estate in Quintana Roo or other states in Mexico, it is crucial to follow the formal process of registering the property transaction. This ensures that the change of ownership is legally and officially recognized. Below is a summary of the steps for this process:
- Agreement between Parties: The first step is for both the buyer and seller to agree on the price and conditions of the sale.
- Preliminary Review: Before making any payments, the buyer should request a Certificate of Lien Release to check if the property has any outstanding debts or liens.
- Purchase-Sale Contract: Once an agreement is reached, a purchase-sale promise contract is signed. This document outlines the terms and conditions under which the sale will take place.
- Trust (if applicable): If the buyer is a foreigner, they must acquire properties through a bank trust since Quintana Roo is a restricted area for acquiring real estate. This step is not necessary for Mexican buyers.
- Payment of Taxes and Rights: The taxes, such as the Real Estate Acquisition Tax (ISABI), must be paid before notarizing.
- Notary Public: The Notary Public is essential in the deed process. They are responsible for verifying the operation’s legality, calculating taxes to be paid, and formalizing the procedure through a public deed.
- Public Registry of Property: Once the general deed is obtained, the operation must be registered in the Public Registry of Property of the corresponding municipality. This ensures the legality and officiality of the change of ownership.
- Final Payment and Property Delivery: After completing all previous steps, the final payment is made (if not already done), and the property is delivered to the new owner.
It is essential to note that each transaction is unique and may be particularities depending on the case. Therefore, it is highly advisable to seek the advice of a professional or real estate expert in Quintana Roo to ensure all steps are carried out correctly.
What are the costs related to the Transferring Ownership?
Deeding real estate in Mexico, in Quintana Roo, entails several costs. These are some of the main ones:
Notary Public Fees: These fees vary depending on the value of the property and the notary. They include the preparation of the public deed, research in the Public Registry of Property, and tax calculation, among others.
Real Estate Acquisition Tax (ISABI): This is a state tax and will be calculated as a percentage of the value of the property or the value of the operation, depending on which is higher. The rate can vary but usually ranges between 2% and 4%.
Registration Rights: Once the deed is signed, it must be registered in the Public Registry of Property. This cost is also calculated based on the property’s value.
Appraisal: The property is assessed before the deed to determine its market value. The cost varies depending on the appraiser.
Lien Release Certificate: This document has a cost and is necessary to demonstrate that the property has no debts or liens.
Trust: If the buyer is a foreigner and purchases a property in a restricted zone (as in much of Quintana Roo), he will need a trust. The opening of the trust and its annual maintenance has costs determined by the trustee bank.
Administrative Expenses: They may include agency expenses and additional procedures.
Other Taxes: Additional taxes or duties could be considered depending on the transaction’s characteristics.
It is essential to consider that the mentioned costs may vary depending on the transaction’s specific factors, the property’s location, and the professional’s fees. It is always a good idea to consult with a local real estate expert or agent for a more accurate estimate of the costs of closing a specific transaction.
Who is responsible for paying for this?
In Mexico, the distribution of expenses related to the deed of real estate is commonly agreed between the buyer and the seller. However, there is a traditional practice as to who covers what expenses. Here I mention the most common distribution:
Notary Public Fees: In general, the buyer is in charge of these fees since he requires the public deed to formalize the acquisition of him.
Real Estate Acquisition Tax (ISABI): This tax is the buyer’s responsibility.
Registration Rights: Like ISABI, it is common for the buyer to cover the costs of registering the new deed in the Public Registry of Property.
Appraisal: This cost is usually done by the buyer, since it is required to calculate taxes and the deed.
Lien-Free Certificate: Traditionally, the seller is responsible for providing this certificate since it is a document that certifies that the property is free of liens and debts.
Trust: If it is necessary to establish a trust (in the case of foreign buyers in restricted areas), the cost of setting up and annual maintenance of the trust are the buyer’s responsibility.
Administrative Expenses: These expenses can be negotiable, but it is common for the buyer to assume them.
Other Taxes: Depending on the type and nature of the taxes, these will be cover by the buyer or the seller, but the ISABI, as already mentioned, is the buyer’s responsibility.
It is important to note that these are traditional uses and customs, but the distribution of expenses can be the subject of negotiation between the parties. Therefore, it is always advisable to specify in the sales contract who will be responsible for each expense related to the deed.
Understanding the title deed process is fundamental in making informed decisions when acquiring a property in Quintana Roo. However, beyond the paperwork, finding that space that resonates with your dreams and aspirations matters.
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