What Is the Role of a Notary in Mexico?

Unlike notaries in the United States or Canada, in which witness signatures is the primary responsibility, a Mexican Notario has judicial-level authority and is required for significant legal matters. Their role is closer to that of a public official and legal expert rather than just a document certifier.

In Mexico, a Notary is a highly specialized legal entity with significantly more authority than a notary in the United States or Canada. They have licensed attorneys who have passed rigorous exams and are appointed by the state government to oversee and authenticate legal transactions, particularly those involving real estate, contracts, wills, and business formations. Here, realtor Jeff Schmidt discusses the role of Mexican Notaries in real estate transactions, and how they protect buyers and sellers.

What Does the Notary Do in Real Estate Transactions?

By law, all real estate transactions in Mexico must be formalized before a Notario Público to be legally valid. They provide legal certainty and protect buyers from fraud or irregularities.

Title Search & Due Diligence

• Verifies property ownership and ensures the seller has the legal right to sell
• Confirms there are no liens, debts, or legal disputes affecting the property

Preparation & Review of Legal Documents

• Drafts and certifies the property deed (Escritura Pública)
• Ensures all required permits and approvals are in place
• Prepares the Fideicomiso (real estate trust) for foreign buyers when applicable

Tax Calculation & Payment

Ensures payment of all required taxes, including:

• Capital gains tax (paid by the seller)
• Acquisition tax (paid by the buyer)
• Other applicable municipal and federal taxes

Official Registration of the Property Transfer

Records the transaction in the Public Registry of Property (Registro Público de la Propiedad), making the buyer the official owner.

Acts as a Neutral Third Party

• Ensures both buyer and seller comply with legal requirements
• Guarantees the transaction follows Mexican real estate law

How Is the Notary Paid?

The Notary charges a fee based on the value of the property. These fees are paid as part of your closing costs.

Contact Jeff Schmidt to Request a Showing

Jeff can set up your virtual or in-person showing at your convenience. He is also always available to answer questions via email, a phone call, or text. When you work with Jeff, you benefit from an agent that has:

• More than a decade of real estate experience
• Personally bought, sold, and built homes in Cabo
• Lived in Cabo for several years
• Been featured on several episodes of House Hunters International and Mexico Life on HGTV

(408) 607-8349 (U.S.)
(624) 165-9553 (Mex)
jeff@cabobeachrealty.com