Sometimes Real Estate Is Like Matchmaking – Baja Legal Advice

Sometimes Real Estate Is Like Matchmaking – Baja Legal Advice

A real estate agentwill be asked to find the client a prospective buyer, the buyer will want to fall in love with the house or condo, but it is up to consultants like me to make sure the pair are a good match an that the deal is sexy and sweet, but smart.

Continue reading Sometimes Real Estate Is Like Matchmaking – Baja Legal Advice

Sometimes or most of the time, many people dedicate more time to planning things that they find more important than estate planning—deciding who will inherit their assets after they’re gone. 

It may not be as fun to think about as planning a vacation or buying a new car, but without estate planning, you can’t decide who gets everything that you worked so hard to get.

Continue reading Setting Up A Last Will And Testament In Baja – Safe And Simple! – Interview With Rafael Solorzano

The worst decision you can make when you have issues with your landlord is to withhold rent and or to try and live the last month of the lease on a security deposit. Why? Because for one you have no rights to a lease when you are not current in rent and a Court will not accept your case unless you are current and you demonstrate that with receipts, second, I never have seen a lease where the tenant is allowed to live on the security deposit.

Yes, I often write about lousy landlords, but I also know about a number of lousy tenants who seem to relish causing trouble, not paying rent, and sometimes even subletting without being authorized to do so.

Continue reading Don’t Be a Deadbeat Tenant – Baja Legal Advice

Yes, there is escrow in Baja California and Baja California Sur, and yes, you should demand Escrow to be involved in your transaction. There are several reliable options available in most cities, such as in Rosarito, and in Los Cabos and La Paz.

Click Here For More Information About Using Escrow In Baja

Being in escrow is a contractual arrangement in which a third party receives and disburses money or property for the primary transacting parties, most generally, used with plentiful terms that conduct the rightful actions that follow. The disbursement is dependent on conditions agreed to by the transacting parties.

Learn More About Legal Services in Baja


Rafael Solorzano - Baja Legal Advice

Rafael Solorzano
Attorney at Law / Licensed Exclusively in Mexico

Baja Legal Advice Facebook Group

The Lease Agreement

(Be careful what you bargain for)

Once an offer for a lease is accepted, a formal written rental agreement must be signed by the parties, all rent payments must be secured with a receipt.

If value added tax is added to the payment of rent, an invoice must be issued by the landlord to the tenant (an invoice is not a receipt).

The rental agreement is a private contract which allows the tenant temporary use of a property in exchange for a specified amount of rent. Rent is usually paid on a monthly basis, unless specified otherwise in the contract. It is advisable to have the contract reviewed by a lawyer to ensure that its terms do not violate the civil code. Estate agents generally ensure that this is done.

Continue reading Renting a Property in Mexico – Baja Legal Advice

A common problem surfaces when a seller requests or demands that the buyer declares to the notario that the price paid for the property is lesser than that which was agreed.

How does this work?

The seller tells the buyer that if the actual sales price is declared to the notario this will result in excessive annual property tax, FALSE!

Some Sellers that are unaware or do not qualify for tax exemptions (such as that provided by article 93 of the Federal Income Tax Law) go to extents to avoid paying capital gains and when they persuade the buyer to consent in declaring a lower the price to save capital gains, they will then ask for 2 checks to be handed out.

One check is to be declared to the notary as the sale price for tax purposes and the second check (given under the table) covers the difference that would make the gain taxable, the problem is that if the buyer is unaware of this it will then become an issue if and when the buyer decides to sell the property because he actually consented to inherit the seller’s tax liabilities.

Rafael Solorzano - Baja Legal Advice

Rafael Solorzano
Attorney at Law / Licensed Exclusively in Mexico

Baja Legal Advice Facebook Group


Buying or Selling in the Rosarito Beach Area? Call Us!

Baja123.com Rosarito Beach Real Estate

Kanoa interviews Rafael Solorzano, a Baja Real Estate Attorney, regarding the importance of having a professional handle the closing process in a Real Estate purchase transaction.

Rafael among other topics also stresses the importance of doing due diligence and how he’s able to complement the work of a real estate professional.

Here’s a list of questions Kanoa asked Rafael:

1:18 – Please introduce yourself and tell us about what you do
6:57 – Tell us about your Facebook group Baja Living Advice
9:53 – How can people avoid problems with their transactions?
15:03 – How can you complement a real estate agent?
18:32 – What is the importance of disclosures, and due-diligence?
23:46 – What would be your advice to buyers today?
31:59 – Who would be your ideal client?
34:15 – What is the expectation of clients regarding discounts in Mexico?
39:40– Can people enjoy their experience buying a property in Mexico?
41:42 – How can you contact Rafael Solorzano?

Rafael Solorzano - Baja Legal Advice

Rafael Solorzano
rafaelsolorzanom@gmail.com
+52 (664) 188-7001

Baja Legal Advice Facebook Group


Baja123.com Rosarito Beach Real Estate

 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!

Continue reading Feuding with your Landlord? – Baja Legal Advice

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.

Continue reading Signing Legal Documents In A Foreign Language

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.

Continue reading When the Landlord Refuses to Make Repairs to the Leased Premises

Is Escrow available in Baja California? – Baja Legal Advice

Is Escrow available in Baja California? – Baja Legal Advice

Yes, there is escrow in Baja California and Baja California Sur, and yes, you should demand Escrow to be involved in your transaction. There are several reliable options available in most cities, such as in Rosarito, and in Los Cabos and La Paz.

Click Here For More Information About Using Escrow In Baja

Being in escrow is a contractual arrangement in which a third party receives and disburses money or property for the primary transacting parties, most generally, used with plentiful terms that conduct the rightful actions that follow. The disbursement is dependent on conditions agreed to by the transacting parties.

Learn More About Legal Services in Baja


Rafael Solorzano - Baja Legal Advice

Rafael Solorzano
Attorney at Law / Licensed Exclusively in Mexico

Baja Legal Advice Facebook Group

In this video, Kanoa talks about choosing the right agent and the importance of using escrow and a closing company to protect yourself and ensure a safe and secure transaction. 

It is important to choose the right agent to work with to help you make better decisions when buying a property. 

If you are looking to purchase a luxury property in the Rosarito Beach Area, make sure to give us a call.


Baja123.com Rosarito Beach Real Estate

Smart Real Estate Buyers Use Escrow in Rosarito Beach

In this video, Kanoa talks about choosing the right agent and the importance of using escrow and a closing company to protect yourself and ensure a safe and secure transaction. 

It is important to choose the right agent to work with to help you make better decisions when buying a property. 

If you are looking to purchase a luxury property in the Rosarito Beach Area, make sure to give us a call.


Baja123.com Rosarito Beach Real Estate

Working With Oscar Was A Great Experience!

Working With Oscar Was A Great Experience!

“He always met our expectations and went above and beyond to be there for us; we are perhaps not easy to deal with and very difficult people to please because of how finicky and specific we can be, but Oscar made it look like a breeze, always with a smile of his face, the right answers to all our questions and the patience of a saint.

We have nothing but appreciation and gratitude for the time and effort invested in helping us find a home and would 100% do it again and of course, highly recommend working with Oscar Mendez, the best real estate agent in Baja and Rosarito.”

– Kindly, Flor & Shannon Blyth

Yes, there is escrow in Baja California and Baja California Sur, and yes, you should demand Escrow to be involved in your transaction. There are several reliable options available in most cities, such as in Rosarito, and in Los Cabos and La Paz.

Click Here For More Information About Using Escrow In Baja

Being in escrow is a contractual arrangement in which a third party receives and disburses money or property for the primary transacting parties, most generally, used with plentiful terms that conduct the rightful actions that follow. The disbursement is dependent on conditions agreed to by the transacting parties.

Learn More About Legal Services in Baja


Rafael Solorzano - Baja Legal Advice

Rafael Solorzano
Attorney at Law / Licensed Exclusively in Mexico

Baja Legal Advice Facebook Group

Learn More About This Condo For Sale In Rosarito

Two Oceanfront Terraces!

3,111 sq. ft., 3 bedrooms, 3 bathrooms, 2 Story “Contemporary” – FOR SALE $440,000 USD. Luxurious Oceanfront Jewel in La Jolla del Mar, Playas de Rosarito.

Jr. Penthouse with Two Spacious Oceanfront Terraces!

This one of a kind, beautifully furnished, two-story Jr. Penthouse with two oceanfront terraces, has 3 bedrooms, 3 bathrooms, with 3,111 sq. ft. and a spectacular view of the Pacific ocean! FOR SALE at $440,000 USD.

It features travertine floors throughout, a fully equipped and upgraded kitchen with granite marble floors, kitchen backsplash, a large island, stainless steel appliances, and solid wood cabinetry. The living room offers elegant, high-quality furnishings, with custom crystal chandelier, floor to ceiling windows that open up to a large terrace.

Continue reading SOLD – Oceanfront Condo For Sale in La Jolla Del Mar, Rosarito Beach – $440,000 USD

 New Homeowners in Rosarito Beach!

“We have been looking for a home in the Rosarito area for a few months on our own to see what the market had available. It’s was very difficult for us not knowing the area well or understanding what was available for purchase in the market in our price range in Mexico.

That is until we decided to look for help. We went online and looked up for resources and came across Baja123. We decided to give them a call and request help. The same evening I received a call back from Faby “Agent” and spent a good 1 hour talking with her at what we were looking for to purchase a home in Rosarito Mexico. Faby answered all our questions and started to search for a house in our price range immediately. That same evening she emailed to us several options. In a few weeks, we were able to finally drive to Rosarito to meet up with the Baja123 team and start our search the correct way. We were able to look at several houses in 1 day’s time.

We fell in love with one option and submitted an offer the following day. Faby and her team were very responsive and answered all/any questions we had. They explained to us the process on how to purchase a home in Mexico as a USA resident very well. We proceeded with the offer once it was accepted the following day. During the 90 day process, Faby & her team helped us with all questions we had and provided all the answers. She and her team made this process seamless and professional. We finally received the call that it was time to come over and sign documents. Today during the Covid-19 Era we are now homeowners in Rosarito. Faby and her entire team have made our dream come true and would highly recommend her to anybody looking for a home in Baja Mexico.”

THANK YOU FABY & BAJA123 TEAM!!!

You guys are the best!!!

– Octavio


Faby Delgado - Rosarito Beach Real Estate Agent

Click Here to Know More About Faby Delgado

Should weather play a big factor if you plan on living, investing, or vacationing in Mexico? When it is time to choose the right place to live, for most people it is necessary to consider the weather.

Rosarito has some of the best weather in the world, compared to places with tropical climates or extreme climates.

Our climate is very similar to San Diego, but with the Baja lifestyle that you are looking for, making it one of the most popular places in Mexico.

Click Here to Read The Top Benefits Of Choosing The Right Area In Mexico To Live


Baja123.com Rosarito Beach Real Estate

Baja Team,

“Firstly, we wanted to thank Faby and Gerardo for not only a job well done but fort making our trip down to Rosarito really fun and safe. Faby and Gerardo were amazing to work with and a joy to be around all day. They will both be our first calls when we throw our house warming party. Thank you, thank you, thank you, for all the hard work and dealing with my bad Spanish in more than one way.”

– Jeff Moriart


Faby & Gerardo - Rosarito Beach Real Estate Agents