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Practice areas · 06 of 10
Legal certainty in every real estate transaction
The Real Estate practice of R&A Asociados assists owners, investors, and developers through the various stages of a real estate transaction: from acquisition, development, and financing to the defense of their property against government action. Our practice combines notarial, registry, and administrative knowledge with a strategic view of the Riviera Maya real estate and tourism market.
At the firm, you will find a single point of coordination to structure fideicomisos (Mexican trusts), negotiate purchases and sales, draft leases, establish condominium regimes, clear title defects in registry and cadastral records, and file acquisition notices with the SRE (Ministry of Foreign Affairs). We work closely with notaries public (in Mexico, civil-law notaries who are licensed attorneys), trustee institutions, and authorities so that every act is properly documented and recorded, and so that the legal risks of the transaction are anticipated before signing.
Services
We structure and support administration, guarantee, investment, and development trusts, including those for foreign buyers.
We oversee every stage of a property transfer, from the promise-to-purchase agreement to closing before a notary and registration.
We draft and review residential, commercial, and industrial leases, and represent our clients in the proceedings that arise from them.
We assist developers and condominium owners in the creation and the ongoing legal life of their developments.
We defend property rights against expropriation (eminent domain), temporary occupation, and restrictions on ownership, including before the Ministry of Agrarian, Land, and Urban Development (SEDATU).
We clear the registry and cadastral history of the property to provide certainty as to its ownership.
We assess the legal and tax impact of the transaction before you invest.
We handle, before the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE), the obligations that Article 27 of the Mexican Constitution and its regulations impose on acquisitions of real property with foreign participation.
Services are provided in accordance with applicable law and the analysis of each case.
Who it is for
If your situation is not listed here, or the contact form can tell you which practice area applies.
Frequently asked questions
Properties located along coastlines and borders fall within what is known as the restricted zone (50 km from the coast and 100 km from the borders), where foreign participation is subject to Article 27 of the Mexican Constitution, the Ley de Inversión Extranjera (Foreign Investment Law, LIE), and the filing of notices with the SRE (Ministry of Foreign Affairs). The law provides for vehicles such as the fideicomiso (a Mexican bank trust) and the Mexican company with a foreigner-admission clause, each with different requirements and scope depending on the intended use of the property. We invite you to schedule a consultation to review your case.
Legal and registry due diligence verifies the legal status of the property: ownership and history in the Public Registry of Property and the cadastre (municipal land registry), the condominium regime, urban planning licenses, and possible possession disputes. Its purpose is for you to know the risks before you sign a promise-to-purchase or a purchase and sale agreement. We would be pleased to review your transaction in an initial consultation.
Expropriation, temporary occupation, and ownership restriction proceedings must follow legal formalities and provide for compensation. The owner may challenge the act through appeals, administrative litigation—for example, against SEDATU—and amparo proceedings (Mexico's constitutional protection suit), and may also negotiate the amount of compensation with the support of appraisals. Each case depends on its deadlines and circumstances; we invite you to schedule a consultation.
These answers are for guidance only; each case requires individual analysis.
Publications
Practical GuideReal Estate
How a foreign buyer acquires a home in Playa del Carmen: restricted zone, bank trust, SRE permit, rights, steps, costs, and a comparison with a Mexican company.
Article key: Fideicomiso. 50 years · renewable.7 min read
Related practice areas
Tell us about your situation and we will explain the next steps. We are available Monday through Saturday, 9:00 a.m. to 6:00 p.m., in Spanish, English, and French.
