As it has been explained in the Real Estate in Baja article, the safest way to buy in Baja as its somewhere else is to follow the legal process established by law. Since Property Title means a legal document that proves who is the Actual Owner and that transfer of Property rights were properly executed from Former Owner (Seller) to Actual Owner(Buyer)and automatically canceling the "Old Property Title".then, there is only one and only one way to acquire Property...Yes, I have said that many times... Follow all and each one of the steps marked in the process.

First of all its important to understand the "Notario Publico" roll in a Real Estate Transaction!

"Notarios Publicos"(Notary Public) are lawyers with a minimum of 3 years of litigation experience and 3 years working as assistants to already licensed Notarios. They must present and pass a written examination and give up their litigation practice if aproved in order to offer their services as Notarios Publicos. They can also act as escrow officers in Baja, holding deposits and or payment checks until property search and Transaction terms have been fulfilled by all parties. Notarios Publicos should not be confused with notaries in the United States. However, Notarios Publicos barely recommend or offer Escrow Services because Mexican Citizens are not familiar with it.

The Custom in Mexico is that the buyer accepts a deposit and the balance is due at the time of title transfer. Notarios Publicos approve: Articles Of Incorporations, wills, Private Contracts, Powers of Attorney,and transfer of real property. They are risponsible before the authorities to properly Transfer Property, collect and pay taxes on behalf of the Parties involved, registration of documents in the Public Records Office before authorizing the issuance of the New Property Title.

A Standard Procedure when A Seller agrees to receive an x amount to transfer property to A Buyer is:

1.-A Promise to Purchase-Sell Agreement is executed between both parties in prescence of two whitnessess.

2.-The Buyer makes a deposit of usually 10% of Purchase price with the Seller, and Both Parties go to a Notario Publico chosen by and at the own cost of the Buyer in order to complete.

3.-The Notario Publico then, requires both Parties to provide him with Originals of Documentation like: Property Title, Appraisal, Certificate of No Liens, Certificate of Uptodate Property Taxes payment, the Parties I.D.´s and other documents that applied depending on the Type of Property, Parties Citizenship, Zoning Restrictions etc. etc.

4.-Once all and each document are provided, the Notario Publico prepares a draft of the Property Title (Escritura Publica), calculates taxes to pay, and when both parties agree, The Notario Publico requests both Parties to execute the final Property Title (this is when the Buyer ussually pays the remaining balance due of purchase Price), collects and pays taxes, registers the new Property Title in the Public Records Office and "finito".

However, We will shortly public our recommendation of a complete process to buy property in Baja.

See you Soon!!!