Showing posts with label real estate. Show all posts
Showing posts with label real estate. Show all posts

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
Contracts
  • 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

Friday, September 17, 2010

Apostilles for Expats

What is an apostille and why do I need one as an expat moving to the Yucatan? Good question. I wish we had known about this before we moved down. If you are married and/or have children that will live with you here in the Yucatan and you want to come down and apply for FM2 or FM3 residency visas you are going to need to have your marriage certificate and all of your children's birth certificates apostilled by the Secretary of State in the documents state of Origin.


An apostille, in the most basic terms, is a notarization that is recognized internationally by all foreign governments. It is recognized by international law. Your bank notary does not have the power to issue an apostille. Only the Secretary of State in all 50 US States or appointed government agencies in your country of origin has the power to issue an apostille. Check out the following link: http://www.ehow.com/video_4872231_apostille_.html

Let me give you an example of how this applies to our family. My wife and I met and married in the state of New Mexico in the US. We also had our first son in New Mexico. Our second son was born in Texas because that was where we were living when we had him. I have to order an apostilled birth certificate from Vital Records in New Mexico for my oldest son. Then Vital Records ships that birth certificate to the Secretary of State in New Mexico to have the document apostilled. The Secretary of State then ships out the apostilled document, in this case my son's birth certificate. We go through the same steps with my youngest son with both Vital Records and the Secretary of State's office in the state of Texas.

If you come down to the Yucatan and you have a marriage certificate, divorce decree or birth certificates that do not have apostilles and you want to apply for residency visas (FM2 or FM3) then you are going to have to send back for them in the US or Canada and pay the international shipping rates via FedEx, UPS or DHL. Word to the wise. Get this taken care of in advance. No one ever told us this before we came down and we did alot of research on necessary documents before we came down. Aargh!!! We just don't want you pulling out your hair unnecessarily. Hope this helps.

Sunday, August 29, 2010

What are Yucatan people like?

What are Meridians like? Please understand that what we share with you is just our interpretation coming from the American culture. In no way do we judge or make fun of the people here, they just do some things differently than we are used to. They can be very kind and gracious most of the time and at other times can appear to be rude, but only by American standards.

Our first few days in Merida have been spent running around shopping to set up our home. Even here Wal-mart does seem to have the best prices on many items along with some sort of warranty or decent return policy. While at the check-out counter at the nearest WM Supercenter, Jay, myself and the boys were waiting as the cashier totaled our purchase & out of the blue comes a woman with her children cutting right in front of us to address an issue with our cashier. She never looked at us or acknowledged us, & as we walked away with our cart, she continued her conversation very focused on the issue she was trying to resolve. On another occasion, while standing in line at Costco to get the boys some pizza, Jay experienced a woman cutting in front of him three different times within a span of 3 minutes for three different issues. She only acknowledged him on her third cut-in with a “perdon” when she physically had to move him to get to the counter.

 What we have been told though is this culture is very social and likes close physical contact, so if you are used to having your space, well…..don’t always expect that to be the case, especially with the lower social class in Meridian society! With the upper more educated class you will not experience this. Some people down here do not respect personal space as in the states & in fact if you leave any space between you and the counter, some people assume you are not really trying to wait in a line and have no problem moving in front of you.

Now for the gracious & kind side of the people here. We have been so blessed to have new friends and helpers here in Merida. Francisco, Sebastian, Arleta, Javier, Claudette, Larry & Tammy….We have been given people to lean on for small things. Jay tried to pay our landlord’s son-in law to help us set up utilities and he refused payment. On another day Jay ran into a local Baptist pastor while they were both looking at weedeaters at Home Depot. Larry and his wife Tammy and their 4 sons are originally from Decatur, Alabama. They have been in Merida for 10 years and pastor a Baptist church here of about 175 people. Fransisco, pictured to Jay's left in the photo, is our attorney and now friend. Arleta is his business partner and our realtor.

The list goes on. Javier was the one that built the home we rent. He came over at 8:30 PM one night at the drop of a hat to fix our water tank when the depth sensor stopped working and we ran out of water. He had us up and going again in 15 minutes so we could all take showers before going to bed. (In this climate you need to take showers before you go to bed all 365 days of the year.) When I told he and Sebastian we could just fix the water tank the next day they absolutely refused to let it wait and insisted they come over and fix the problem right away. Juakin (pronounced “wa-keen”) our next door neighbor is extremely laid back and easy to talk to although he travels on business most of the week and we almost never see him. All of these people are extremely educated, bilingual and very friendly. Our realtor and friend Arlette was previously a dentist and learned how to speak English by watching American television shows. WOW! That is a smart girl.

One thing that is very unique about the Meridian culture is that, at least among the middle to upper classes, men and women greet each other with with a handshake AND a kiss on the cheek. Men greet each other with hugs at times minus the smooch or just the simple handshake but for some reason it has become customary for men and women to at least push their cheeks together and make the sound of a kiss.

Yucatecans and Non-Yucatecans: This are two terms that you here from time to time in the Yucatan. Basically the people of the Yucatan are a proud people. Their language, although Spanish, is spoken with a Yucatecan dialect. If you are of Latin heritage, speak Spanish and show up here, you won't be able to hide the fact that you are not Yucetacan. The dialect is different, the slang is unique, and if you don't grow up here you can't hide the fact that you didn't. 

All in all our experiences have been very blessed. We have run into several Canadians and Americans while here, many of whom have lived in other cities in Mexico. And everyone of them says the same thing: "Merida is considered the safest, easiest, most convenient place to live in all of Mexico....especially for people from other countries.

Hibiscus Tea

We had been in the Yucatan only three days when we ran into Larry & Tammy Allred, a family originally from Alabama that has been here for 10 years. We have become fast family friends. The following weekend, Tammy fixed us a wonderful dinner and introduced us to a few native Yucatan foods and drinks. The watermelon juice was a little too rich for me, but we loved the Hibiscus tea, which is a prominent drink here in the Yucatan of Mexico. I was excited to also find out the great benefits of drinking hibiscus tea.

Hibiscus tea is the infusion made from the calyces (sepals) of the Hibiscus sabdariffa flower, an herbal tea drink consumed both hot and cold by people around the world. It is also referred to as roselle (another common name for the hibiscus flower), flor de Jamaica in Latin America, karkadé in Egypt and Sudan, bissap in West Africa, sorrel in Jamaica, and red sorrel in the wider Caribbean, and other names in other regions. Hibiscus tea has a tart, cranberry-like flavor, and sugar is often added to sweeten the beverage. The tea contains vitamin C and minerals and is used traditionally as a mild medicine.


Hibiscus tea contains 15-30% organic acids, including citric acid, maleic acid, and tartaric acid. It also contains acidic polysaccharides and flavonoid glycosides, such as cyanidin and delphinidin, that give it its characteristic deep red colour.


Health Benefits of Hibiscus Tea

Blood Pressure

Studies have shown hibiscus tea to be beneficial in lowering blood pressure and may control cholesterol.

One study was done using adults with pre-hypertension or mild hypertension. Those who had three cups of hibiscus tea a day had better results than those who didn't (a 7.2 point drop in systolic blood pressure compared to 1.3 points). Those who had the highest blood pressure reading at the start of the study, showed the greatest results.

Weight Loss

Hibiscus tea contains an enzyme inhibitor which blocks the production of amylase. Amylase is an enzyme that breaks down complex sugars and starches. Drinking a cup of hibiscus tea after meals will reduce the absorption of dietary carbohydrates and will assist in weight loss.

Immune System

Hibiscus tea is rich in vitamin C and makes a wonderful herbal remedy to fight off colds and infections by strengthening the immune system.

Other benefits of hibiscus tea include preventing bladder infections and constipation if taken regularly.

Read more: http://www.brighthub.com/

Saying Goodbye!

We have a few close friends from San Antonio & saying goodbye was not easy. We know we will stay in touch and maybe even see each other again soon. My friend Karen is a sweety and her son, Chris is our Joseph's best friend. Karen & Chris took us to Peter Piper Pizza for a farewell party & we sure had fun. Karen is pregnant with their little girl Faith, due in August. Karen has a  miraculous testimony about her pregnancy & God has graciously blessed them & I am so happy for her.
Our good neigbor and friend, Lydia, treated our family to the best enchiladas in San Antonio. Our last few days in San Antonio we had sold our refrigerator and dining table with chairs, practically everything we had. Lydia new exactly what we needed along with the great night of fellowship. We will miss them, but will stay in touch. Lydia took our
last family photo from San Antonio.

The boys were very excited to get on that airplane. Joel asked about it for days, although he thought we were going to visit Grandma in California. We highly recommend Mexicana Airlines. We were so impressed with their service, standards and meals. Very clean airplanes, very gracious stewardesses. Our trip took us to Mexico City to change flights, which is an old but very clean airport. Then on to Merida, Yucatan Mexico.

As you read this post, we have been in Merida for 6 days and are settling into our new home and town. I promise to have the blog running on real time in the next few days as I know some of you wanted to see pictures of  Casa de Blackshear & the town itself.

What do I bring?

This is not a simple question and it will vary depending on the person or family. Our family of four had begun a downsizing journey in the States, 5 years before we actually made the move to Merida. After much research coupled with our budget info, we decided to sell everything except what we could fit into 8 check on bags (2 per person) & 8 carry on bags (2 per person) and what we were able to fit in the cab of our truck that my husband drove down. We flew on Mexicana airlines, but as they are going through financial difficulties, Continental will be your next choice & you need to check their baggage guidelines. We were allowed two carry on bags per person & 2 of those bags were our 2 laptops we were bringing. If you are bring in any new items, make sure you have a receipt when declaring them.

Read this guideline sponsored by the TSA (Transportation Security Administration), but you must also abide by the Mexican import laws, so check out Continental Airlines guidelines for what you are allowed to bring into Mexico. Make sure your luggage fits the sizing guidlines. We were on a tight budget, but we found great luggage deals at Wal-Mart. Our 8 check in bags cost us about $15.00 each. We used various backpacks and bags for our 8 carry on bags.

We did pretty good research before hand when deciding what to bring, but in hindsite, after being here awhile, we wished we would have brought a few more items. Here is what we found out before we left. Bring only Summer clothes as most months here are warm. You will only have a few months, December & January, that get a little cooler. Some of the expats think it is funny to see the locals in sweaters during those months as they say it really is not cold enough for them. If you need warmer clothes once you get here, Wal-Mart is still the lowest price, but if you have fancy taste, you will definately pay more for the various Shopping Malls here. If you prefer Organics, in your shampoos, toothpaste & Toiletries-grab these before you go as they are rare to find here and pretty expensive when you do. We stuffed a few bottles of everything into each check in bag without any problems. Remember to seal them in ziploc bags to prevent leakage.

If you have children, you are allowed to fly in with one full bag of used toys. My strong recommendation is that you work with your kids before you pack to find the most important toys to them and stuff in as much as you can. Toys are very expensive here, almost double in some stores. Super Wal-Marts here are not like the States, they are not stuffed full of choices & some items are more expensive than the States.

You cannot bring food items into Mexico. There are many supermarkets here in Merida, including Sams Club, Costco & a variety of local chains. You can get some organics at Costco here, but there will be some items you cannot get anywere here that you can typically find in the states. Our biggest hurdle was "Goldfish", our boys favorite snack is not stocked here, but they got over it.

Last but not least! If you have children-I cannot stress enough the importance of making sure you have brought favorite items for them. Moving to a foreign Country can be stressful for kids, so you need to make sure they have comfort items. Favorite blanket, pillow, book, stuffed toy, dolls. The very first room to set up in your new home should be the children's rooms. They need to feel secure in this big move you have made. This is probably the best decision we made when we moved here. We immediately got bunk beds, unpacked toys and set up there room first & it has been easy going ever since! I have heard stories about families moving without planning ahead for their kids and the result was not pretty.