Pre - Closing
The process starts with the OTP signed by both parties. (Delivery date, General Information, Purchase Price, Form of Payment).
Request from the Seller
• Title Deed with the proof of registration before the Public Registry
• Current Property Tax
We will need these documentantion in order to prepare the Calculation Of Capital Gain Taxes and to send the Seller the Estimate Of Closing Costs which will include the amount that the seller needs to pay of capital gain taxes, tax strategy (incase) and the payment of the certificates of no debt (no debt of water, no debt of property taxes, cooperation of public Works, cadastral certificate, certificate of no liens).
Requirements for the deduction or exemption of the capital gain taxes, addionally to the documentantion listed we will need:
• Permanent or Temporary Residency Card
• Constanciade Situacion Fiscal - RFC / TAX ID
• Invoice of the Improvements made over the property
• Invoice of CFE (electricity company) where appears the TAX ID number of the Sellers
• Bank Statement with the address of the property
• INE (voting elector ID with the address of the property)
Verify
We would be verifying that the property the purchaser is purchasing is free and clear from any liens, encumbrances, that the seller is the rightful owner, that their isn’t any debt in water and sewage, property taxes, home owners association fees, among others.
Purchase agreement
Once we verify that the property is in legal condition then the purchaser and the seller will fully commit on purchasing through the execution of the purchase agreement that we will be drafting on 2 working days.
Promissory agreement
In order to prepare the draft of the Promissory Agreement we will need:
From the Seller
1. Bank Information of the Seller
2. CFDI for properties acquire after 2014
3. Passports (PDF) scanned
4. Proof of Address (PDF) scanned
5. Permanent Residency / Immigration Form
6. TAX ID / RFC
7. Letter of Instruction of the Bank (incase)
8. KYC of the Bank (incase)
From the Purchaser
1. Passports (PDF) scanned
2. Proof of Address (PDF) scanned
3. Permanent Residency / immigration Form
4. TAX ID / RFC
5. Passport of your substitute beneficiaries
6. KYC from the Bank
7. Service Application Form (duly completed and scanned)
Review and comments
The purchase agreement will contain the basic information contained in the offer to purchase agreed and signed by all parties. Once the purchase agreement is drafted, we will send such document to you so that we can discuss its terms and conditions. Once we are in agreement and full understanding we will send such document to the seller and the purchaser for review and comments.
Approval
Once we get the approval from both parties, we will send them the last version of the Promissory Agreement for it execution (They have to print, sign each pages, and Fed Ex to us to our office located in Atauri II 308, An 3, Real Bilbao, Solidaridad, Quintana Roo, Zip Code 77714).
México Notary
In Mexico, the purchase agreement needs to mature into a final document which is the Deed, document that is issued / granted by a Notary Public, it is worth mentioning that in Mexico the notary public plays a different role from the one in other countries where they are only limited to witness the execution of a document, in Mexico the notary is government official, grants public faith and formalizes 100% of legal acts when it comes to real estate transaction, as well, part of the duty if the notary is to calculate, collect and pay on behalf of both buyers and sellers the taxes that are due at closing.
Formalization
After the execution of the purchase agreement we will initiate the final steps to formalize the transaction through the execution of the deed, such deed will contain the trust agreement through which You as a foreigner will acquire the property, basically the Real Estate Trust Agreement is the same as in other countries where the bank holds the property in trust and the buyer is design ated as beneficiary of the trusty bank. It is worth mentioning that even though the trustee bank holds the property in Trust, such bank cannot do any thing with the property without the previous consent of the beneficiary, therefore, if you want to transfer, assign, cancel, lien or do whatever with the property, You simply instruct the trustee bank through a written instruction and the bank will formalize the legal act you in struct them to. In addition, the trust agreement has a term of 50 years, however the term its renewable for the same period of time. To formalize the real estate trust agreement we will be coordinating with notary public, trustee bank, ministry of foreign affairs, among other services providers. Once the deed is drafted and authorized by the trustee bank, we will let the parties know and establish a CLOSING DATE.
Certified Copy
Once the deed is DULY executed by all parties involved, we will provide a Certified Copy of theTitle Deed to the Purchaser.
Poperty Bills
With the Certified Copy the purchasers can do the change of owner for the electricity bills, or anyservices inherent to the property.
Financial
We will send them digital file for their records as long as a closing letter (Email).
Registration
Once the deed is executed, a final closing phase will begin though which we willverify that the deed is duly recorded in the public registry and its delivered to the purchaser(s) afterfinal registration. This last process will take around 3 months, however, we will let you know as soon asthe deed is ready for pick up.
Closing costs
In order to formalize the transaction the Seller and the Purchaser need to pay closing costs, whichare higher than other countries.
In Mexico the closing costs vary on a case to case basis (around 7%) depending on the purchase price, the highest the purchase price is, the lower the percentage will be and vice-versa, meaning the lower the purchase price the higher the percentage will be, the reason I mention this is because there are many misinformation in websites that are not updated. However, we will be sending bothparties ( Seller and Purchaser(s)) an Estimate of Closing Costs that will include all closing costs that are needed.
ESTIMATE OF CLOSING COST FOR THE SELLER:
-CAPITAL GAIN TAXES / TAX STRATEGY / EXCEMPTION (ISR POR LA ENAJENACIÓN)
-CERTIFICATES OF NO DEBT/ CADASTRAL CERTIFICATE / APPRAISAL / NO LIENS
ESTIMATE OF CLOSING COST FOR THE PURCHASER :
-ACQUISITION TAX : 3% TULUM, PDC AND 3.3 % CANCUN
-NOTARY FEES:
• ESCROW FEES
• RIGHTS AND DILIGENCES