Feuding with your Landlord? – Baja Legal Advice

 Here is a refresher on your rights
and obligations regarding leases

 

Civil Code for Baja California

ARTICLE 2272.- A lease consists of the agreement between two parties which reciprocally agree to, on one part, to allow the temporary use and enjoyment of something, and the other to pay for that use and enjoyment a price that has been agreed.

A 99 year or 30-year lease? Nonsense!

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Signing Legal Documents In A Foreign Language

Every week I review documents sent to me by clients which where drafted and signed by parties in a real estate deal, most of such documents are not compliant with Mexican Law, call them to purchase agreements, promissory letters, etc. why? I already stated that they are not compliant with our laws, also, many times these documents are drafted in a foreign language.

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When the Landlord Refuses to Make Repairs to the Leased Premises

What Does The Law Say About It?

Not a week goes by without me receiving several calls or messages having to do with Landlord abuse, among which failure to make timely and proper repairs to the property, pocketing the security retainer, among others.

This is a common and recurring scenario: Your landlord required you to pay thousands of dollars in cash upfront for either a 1 or 2-month rent payment plus a security deposit when leasing the property. Just as they hand over the keys, you are rushed o sign the lease and skip a “Move-In Inspection,” of course. After you move out, no matter how many days you spend scrubbing the place, the landlord does its own walk-through, conjuring any discrepancy they can muster in the place. It doesn’t matter if the discrepancy or rubbish existed when you moved in or not.

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Switching Trust Banks

I have been asked this multiple times, can I switch banks, the reason usually is to save money or to have a functional relationship with the bank (Bancomer is too expensive and bureaucratic, Banorte is slow as a snail, HSBC is not taking any more business and is hard to reach).

Well, it is possible to switch banks by replacing your current one but it is not going to be cheap.

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Mexican Developers Rules

Planning to Buy a Condo?

If you plan to buy a condominium unit in a new or recently completed complex, read this:

Negotiating a fair price, entering a fair contract, choosing the right location, the options and amenities, etc., is not nearly enough, you must have a copy of the CCR’s that will govern the complex and how the HOA will be integrated and how will it be run is also very important, so don’t neglect asking for a copy of the CCR’s and find out if the developer will be controlling the HOA and for how long, also if the developer is to have 2 or more votes per every unit compared to the 1 vote for every resident.

I often hear this from my readers:

“Our community is in the early stages of development; there are 3 dozen lived-in homes. The community is about 2 years old… I have lived here for less than two years. Our developer has appointed a board of directors consisting of three of his employees and not surprisingly maintains solid control of the community.

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Rights And Obligations Contained In Your Real Estate Trust

I know, some of you will give me that look, but chances are that 3 out of 4 people with a fideicomiso are not familiar with the terms and obligations contained in their respective trust agreement.

Common Rights specified in the trust:

  1. To rent the property;
  2. Encumber the property to guarantee obligations such as loans;
  3. Bequeath the trust interest;
  4. Assign your trust beneficiary rights.

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Legal Basis For The Acquisition Of Real Estate in Mexico By Foreigners – Baja Legal Advice

 Foreigners Cannot Directly Own Property in Mexico

As you may know, Foreigners cannot directly own property in Mexico except when they enter an agreement with the federal government to abide by the rules of the country with regards to the land they acquire, thus they may form a Mexican owned company or set up a real estate trust.

You may also know that Border and Coastal areas and the whole peninsula of Baja California are constitutionally restricted and known as zona Prohibida (forbidden zone) and that foreigners can set up a fideicomiso (real estate trusts) or may form a foreign-owned company to acquire a property.

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Do you need a Mexican Real Estate Attorney?

Mexican Real Estate Attorney

Buying a home is surely one of the most expensive investments a person makes and buying property in Mexico, for a foreigner, it’s not a simple process. There are a number of laws that have an impact on a real estate transaction, and just hiring a real estate agent isn’t going to cover all bases to deal with the sale, thus it is advisable to consider hiring a real estate lawyer to guide you through the legal process.

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Buying a Ejido Land – Baja Legal Advice

Do You Want to Buy Ejido Land?

Think again.

Since I have been asked this many times, I hereby submit for your benefit, a detailed description of the process required by law to privatize Ejido Land, pursuant to the Mexican Agrarian Law.

The process consists of four stages, which are the following:.- The whole Ejido community must be current with their respective plot rights. To do this they must have performed, previously, a meeting to establish individual metes and bounds (article 56 of the Agrarian Law).

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The Restricted Zones Of Mexico

What is the Best Option for you to Buy Property within the Restricted Zones of Mexico?

Keep in mind that every fideicomiso needs a federal permit to create the trust, when the information is submitted and it mentions that the property is equal or larger than 2,000 square meters, the permit includes, among other conditions, the obligation for Bank and notary to insert a clause within the trust contract, obligating the trust beneficiary owners to invest at least US $250 K within 24 months after the creating of the trustor forfeit the property to the Mexican government, thus, the option is to create a foreign-owned Mexican corporation which once in operation may acquire property (which becomes a company asset) thus, avoiding the trust and the condition to make such a sizable investment, (keep in mind that this amount increases based on a chart that you can find here in Baja Legal Advice in the article discussing this).

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