Real Estate
Purchase and lease of industrial buildings, offices and retail premises; title review; trusts for foreign companies; and real estate litigation.
Property due diligence
Before signing, we know who owns the property, what it owes and what it lacks. We review the title and its chain, the folio at the Public Registry of Property, liens, attachments, restrictions on ownership and pending litigation; zoning, licenses, and property tax and water payments; and, on ejido or communal land, whether the property can be sold at all or only used. We deliver a report with the risks ranked and the way to cover each one in the contract.
Purchase and sale
We draft and negotiate the promise and the final purchase agreement for industrial buildings, land, offices and retail premises: price and payment terms, delivery, conditions precedent, the seller's representations on the condition of the property, liquidated damages, and liability for hidden defects. We coordinate signing before a notary, payment of acquisition taxes, and registration at the Public Registry. When the buyer is a company with foreign capital, we verify that the acquisition complies with the Foreign Investment Law.
Industrial and commercial leases
The industrial lease is the document that generates the most disputes among companies that come to Mexico to manufacture. We draft and review leases of industrial buildings, warehouses, offices and retail premises: fixed term and renewals, rent in pesos or dollars and its adjustment, deposit and guarantees, tenant improvements and what happens to them at the end, maintenance, insurance, grounds for termination and handover. For the foreign tenant we explain which clauses are customary in Mexico and which ones they do not have to accept.
Restricted-zone trusts
Within one hundred kilometers of the borders and fifty kilometers of the coastline, foreigners may not hold direct title to real property. A Mexican company whose bylaws admit foreign shareholders may acquire property there for non-residential use by notifying the Ministry of Foreign Affairs within sixty business days; for residential use, the route is a trust with a Mexican bank as trustee. We advise the foreign company on which route fits, set up the trust or the company, obtain the permit and file the notices.
Construction and development
We draft fixed-price and cost-plus construction contracts, supervision and design agreements; review performance and latent-defect guarantees and delay penalties; and assist in obtaining building licenses, environmental impact statements and municipal permits when the development requires them.
Real estate litigation
When the contract is not honored, we take the case to court: termination and eviction for non-payment or unauthorized use; recovery of unpaid rent; specific performance of a purchase agreement; claims for hidden defects; co-ownership and condominium disputes; and the defense of the possessor or owner against third parties. Before filing, we review which document supports the right, because the procedure and the remedies available depend on it.
Property for personal use—a home, an apartment, a lot—is handled in the Individuals area.
Other practice areas
Corporate & Cross-Border
Incorporation, corporate governance, shareholders' agreements, family business, and contracts with U.S. and Canadian counterparties.
View area → 02Compliance & Due Diligence
We review background and contingent liabilities before an acquisition, a new business relationship, or the signing of a contract, and design labor compliance programs.
View area → 08Individuals
Asset protection, marital property agreements, housing, executive contracts and negotiated executive exits.
View area → —All practice areas
Index of the ten practice areas.
View index →