Monday, September 20, 2010

Real Estate & Legal Services

Whether you are buying a property, starting a new development, applying for a visa, or dealing with the legal issues of an existing business... whatever the problem or endeavor you are facing, our team at Yucatan Lawyers has the experience and knowledge in Mexico to understand the issues. We know how to analyze the situation and then present you with your options. We are also careful about following through with the necessary services to get the business done.

Professional Expertise and Personal Attention
We understand how difficult it can be sometimes to understand and excel in business dealings in a country where the laws and customs are different. We pride ourselves on providing our clients with the sophisticated and professional expertise they are accustomed to receiving in their own countries, while maintaining a level of personal attention, cost efficiency and follow through that is often ignored by larger law firms.
We believe that with our special attributes, we can offer clients the type of legal security and comfort that they want and need to be successful in their activities in Mexico.

When it comes to investing in Real Estate, we understand that legal protection is very important, that is why we also offer Title Insurance and Escrow Services. Whatever your motivation for purchasing property in the States of Yucatan, Campeche and Quintana Roo, we are here to assist you.

Areas of Practice
  • Real Estate Law
  • Immigration Law
  • Corporate Law
  • Notary Public Services
  • Contracts and negotiations
  • Federal Zone Concessions
  • Environmental law
  • Intellectual Property
  • Litigation and Mediation
  • Extended Services

Real Estate Law
We can provide legal advice in the following areas:
  • Contracts
  • Due Diligence
  • Title Search
  • Title Insurance
  • Closing
  • Fideicomiso set up
  • Negotiation and Preparation of Sales Contracts
  • Negotiation and Preparation of Purchase Contracts
  • Negotiation and Preparation of Leasing Documents
Due Diligence: We are acutely aware of our responsibility to assist our clients in the due diligence which is necessary on their part in connection with the acquisition or purchase of real property.

Title Search:Title search involves an extensive search of the public records to determine that there are no adverse claims to our client's interests. If we find there adverse claims or other defects in title, we will seek to eliminate them prior to closing.

Title Insurance: We can also obtain title insurance for our residential and commercial clients. The title insurance policy protects the purchaser of real estate and the holder of mortgage against loss from defective titles, liens, and encumbrances. Since title insurance, like other forms of insurance, is a risk assumption, the title insurer will work to eliminate risk and prevent losses caused by defects in title arising from events that may have happened in the past.

Closing: We will guide the client through their due diligence and contractual responsibilities concerning the purchase and/or sale of real property. We will also prepare and/or review all the closing documents and other matters necessary to secure a successful closing.

Trusts (fideicomisos)
Trusts in Mexico are principally used by foreigners to acquire rights to property in Mexico’s restricted zone (50 kilometers from beach and 100 kilometers from borders) for residential use and lending agreements.

Immigration Law (FM2 – FM3 Visas)If you are a foreigner and going to live and/or work in Mexico, you will need to have the necessary immigration documentation. Mexico offers several types of working and non-working visas. Before you choose a visa you should know what the pros and cons are of each type. We can assist you with selecting and acquiring the type of visa that best fits your needs.

Corporate Law
We offer of full range of corporate law services including setting up corporations, partnerships, non-profit and charitable organizations, registration of minutes and minutes book maintenance, annual and extraordinary meetings, board meetings and minutes, granting of powers of attorney, government filings and permits, as well as any other administrative assistance needed to maintain a Mexican corporation in good standing.

Notary Services
We have established specific alliances with all the major Notaries in the States of Yucatan, Campeche and Quintana Roo in order to provide full legal services that require any services of a Notary Public.

Federal Zone Concessions
If you have land that borders on a federal zone (beaches, rivers, lakes, creeks, highways or lagoon) you need to be aware of your rights and obligations to use that land. You should also be aware of the rights of third parties to use and enjoy that land even if you own the land bordering it.
Mexico’s federal government will grant concession rights to exclusively use and enjoy certain types of federal zone properties. Acquiring the concession to use the federal land that borders your property is an easy way to increase the value of your land and reduce the risk of someone else using this land for purposes that will reduce your property value.

Contracts and Negotiations
An improperly executed agreement is the biggest cause of civil litigation and/or loss of investment in Mexico. The best advice we give our clients it to make sure their agreement takes into consideration the legal aspects of the business at hand. Too many times foreigners will sign agreements in Spanish without fully understanding the legal implications of what they are signing. When this happens, the outcome of the agreements is often not favorable for the investor.
We recommend that any time you sign an agreement in a foreign country you understand the intent of the agreement as well as the legal ramifications of the entire agreement.

Environmental Law
In today’s world, environmental law affects just about every type of investment. Making sure your investment complies with these laws is important in order to avoid fines, delays and even criminal prosecution. We can assist you in determining how the environmental laws of Mexico will affect your business and assist you in acquiring the necessary permits and entitlements to carry out your operations.
If the environmental authority takes action against you, we can also defend you and your investment from improper application of the law.

Intellectual Property
Counsel on intellectual property includes drafting, filing and follow-up of applications for the granting of patents, registration of trademarks, utility models, industrial designs, advertisements and publications of corporate names, as well as copyright of original works of authorship before the National Copyright Institute of the Department of Public Education.

Litigation and MediationOur team of lawyers can provide litigation and mediation services in all major practices. Please contact us for more detailed information.
Extended Services
  • Land Surveys
  • Structural Inspections
  • Environmental Inspections
  • Architecture
  • Engineering
  • Accounting 
  • Property Management: Payment of Real Estate Property Tax and Trustee´s annuities.
    • Option 1: Basic Property Oversight and Bill Payment. This also includes 2 visits per month to perform a walk-through inspection, collect and pay all bills and report any problems.
    • Option 2: Caretaking/Management Service. This also includes home oversight, opening/airing out home, gardening and cleaning service, bill payments, other services as needed. (Prices dependent on the property).
    • Option 3: Rental Service/Property Management. This also includes promotion and management of your rental property

For more information please Contact us

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