_{By Jeffery Kimmel, Esq.}

For a foreginer buying a home in Mexico, one of the most important, and most commonly misunderstood, parts of the transaction is the role of the Mexican Public Notary.

The confusion is understandable.

In Mexico, a Notario Público is a specially trained lawyer appointed by the state. The notary plays a central role in a real estate transaction and is responsible for making sure the transaction is conducted according to Mexican law and properly registered.

To an American or Canadian buyer, that can sound a lot like having an attorney representing you.

It is not.

The notary does not represent the buyer.

The notary does not represent the seller.

Instead, the notary serves a legal and governmental function in the transaction.

This distinction is fundamentally different from the experience many Americans are accustomed to when buying property in the United States.

A foreign buyer may therefore assume that because a highly qualified lawyer is overseeing the transaction, someone is automatically protecting the buyer's individual interests.

That assumption can be dangerous.

The notary's responsibility is to ensure that the transaction complies with Mexican law and that the deed is properly prepared and registered. That is not the same thing as having an attorney whose client is the buyer.

Consider the difference between these two questions:

The first is: "Is this transaction legally capable of closing under Mexican law?"

That is part of the notary's role.

The second is: "Is this transaction in my best interests as the buyer?"

That is a different question.

A buyer's attorney can approach the transaction specifically from the buyer's perspective – reviewing the Purchase and Sale Agreement, examining the documentation, identifying potential problems and advising the buyer about the legal consequences of the transaction.

For a foreign buyer unfamiliar with the Mexican system, that distinction can be particularly important.

None of this means the notary is unimportant. Quite the opposite.

The notary plays a central role in the Mexican closing process. The notary prepares the deed and oversees the legal formalities necessary to complete and register the transfer.

Foreign buyers purchasing property in Mexico must also obtain an authorization from Mexico's Secretary of Foreign Relations, commonly known as an SRE permit, before the deed can be registered in their name.

The permit is specific to the property and to the notary handling the transaction. It is not a generic permit that a foreign buyer can obtain once and use for future purchases.

The buyer's signature is required, and the permit is incorporated into the deed.

Central Mexico is outside Mexico's Restricted Zone.

Mexico's Restricted Zone includes land within one hundred kilometers of its international borders and within fifty kilometers of its ocean coastline. 

Foreigners cannot acquire direct title to land in those areas and generally must use structures such as a fideicomiso, or bank trust, or a Mexican corporation.

Central Mexico is outside those zones, meaning foreigners can purchase property there directly, subject to the applicable requirements.

That makes the process considerably more straightforward for foreign buyers.

But straightforward does not mean identical to the American system.

The Mexican notary is a critical part of the transaction.

But the notary is not your attorney.

Foreign buyers should understand that distinction before they make an offer, not after the transaction has already begun.

The question is not whether there is a lawyer involved.

There will be.

The question is: Is there an attorney whose client is you?

Jeff Kimmel is the founder of Kimmel Realty Group, a San Miguel de Allende brokerage
focused primarily on serving foreign buyers. Kimmel Realty Group is the only brokerage in San Miguel de Allende that provides its buying clients with their own attorney to represent them in the transaction, through an engagement letter, at no additional cost to the client.

That distinction reflects Kimmel's belief that foreign buyers need someone specifically
responsible for protecting their interests—not simply someone facilitating the sale.
Kimmel has been a member of the California Bar since 1980 and has had a lifelong connection to Mexico, beginning in 1973. In 2012, he and his wife, Marty, moved from San Francisco to San Miguel de Allende. He later became a partner in the Mexican law firm Portilla, Ruy-Diaz y Aguilar and entered the San Miguel real estate business in 2017.

Today, Kimmel continues to practice law and real estate in San Miguel de Allende, where he lives with his wife. His work focuses on helping foreign buyers understand both the opportunities of owning property in Mexico and the legal and practical differences that make buying a home there very different from buying one in the United States.

Explore The Insider's Guide to Spanish Teachers in Mexico and discover trusted teachers recommended by fellow Expat Insider Mexico readers.

Browse the Guide