# Buying property and the law



## MontyMan (Jun 26, 2021)

Sorry if this post appears twice, 
Can anyone offer me some advise. Unfortunately, I may have single handedly ruined my only chance of buying a property in Mexico. In January 2020, I was in th process of buying a house in Cacun. I had already put $30.000 as a deposit. Then Covid hit and everything stopped, including my house purchase. I was stuck in the US. I was aware that there was a penalty for not paying the full amount of the house purchase at the agreed time but I thought due to the special circumstances I thought I would be ok and I tried several times to make contact with the realtors but they were very unhelpful. So the house sale didn't go through and unfortunately, I lost my deposit, which I’m sort of am ok with. Yes its a lot of money, but there isn't anything I can do about it now. What's worse for me is the fact that I won’t be allowed to buy a property in Mexico again as I have been told that if I enter Mexico, I will be arrested and made to pay the remaining money on the house or go to jail. The amount on the house was $140.000. Can anyone tell me if this is correct or is it a scare tactic. Shall I give up on my dream and look for somewhere else to buy or should I just go to Mexico and help for the best. I would really appreciate some advice as I feel my life's on hold at the moment. Thank you

Monty


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## TundraGreen (Jul 15, 2010)

I'm sorry to hear about your travails. I don't think you are going to find the help you need on a forum. You need to talk to a Mexican attorney.


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## eastwind (Jun 18, 2016)

I find it very curious that the realtors were unhelpful. Usually they don't get paid unless the deal goes through. My suspicious little mind wonders if the whole deal was a scam and the whole purpose was to separate you from your deposit, and the scare tactic part is to keep you from ever coming back and finding out.

I have a lawyer I like in Cancun who speaks English well and helped me buy my property and also with some other minor things. I'd be happy to refer you but I don't know if that's allowed or advisable in the open forum, and I don't know if a new user can read and reply to PMs.


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## MontyMan (Jun 26, 2021)

TundraGreen said:


> I'm sorry to hear about your travails. I don't think you are going to find the help you need on a forum. You need to talk to a Mexican attorney.


Thanks TundraGreen for your reply. I have emailed numerous attorneys but no one has gotten back to me. I would just go to Mexico but until Im sure I wont be arrested I cant.


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## MontyMan (Jun 26, 2021)

eastwind said:


> I find it very curious that the realtors were unhelpful. Usually they don't get paid unless the deal goes through. My suspicious little mind wonders if the whole deal was a scam and the whole purpose was to separate you from your deposit, and the scare tactic part is to keep you from ever coming back and finding out.
> 
> I have a lawyer I like in Cancun who speaks English well and helped me buy my property and also with some other minor things. I'd be happy to refer you but I don't know if that's allowed or advisable in the open forum, and I don't know if a new user can read and reply to PMs.


Hi Eastwind, I'd really appreciate the contact detiails if you can. I would be happy to contact them, happy to pay too. Thanks


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## MangoTango (Feb 8, 2020)

Eastwind can send you private message with his information.

Maybe I can see the chance chance of your losing your deposit - but I don't think you BOUGHT the house until you sat down across the table with a notary present and signed a stack of papers. I think you can walk away from the 'deal' even at that meeting.

Personally - rather than engage a lawyer ($$) for an opinion I would ask a notary for his opinion. For us - a lawyer involves an appt etc. Our notary must have a staff of 10 lawyers/professionals working for him and they have a walk up counter where I can ask a simple question. If they can't answer me they will seek out someone who can. All very informal and quick (and free).

Finally - there is another expat forum which I look at every now and then (as do some people on this forum). There used to be a guy (lawyer) named Spencer on that forum. Maybe he works out of Chapala. I very often disagreed with his viewpoints but I believe his area is real estate.


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## citlali (Mar 4, 2013)

Sorry to hear what happened to you . Yes talk to a notario but it may be difficult if you are not here and or do not know one or talk to the lawyer in Cancun andclarify your situation.
Who got the money the seller ? the agent? iBoth?
Th story sounds fishy to me , they got the deposit so why would you go to jail.. It sounds like a scam to scare you off. I do not know the laws in Quintana Roo but it the whole thing smells to me
Talk to the lawyer recommended to you in Cancun.
Spencer lives and practices in Jalisco where I live... go to someone locally who can become your adviser when you go back to Cancun.. and yes a notario could answer your question as they are the ones who get the deeds and specialize in realestate... A lawyer will represent you, a notario represents the state and the law and althogh you may pay him, he does not represents you and has nothing to do with the notaries in the States. He has a charge from the State and is a blend of title company, realestate lawyer . He is the one who handles wills, titles, inheritences etc.. You have to go through one to get the title to a house.


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## MangoTango (Feb 8, 2020)

Another possibility - and perhaps it is a long shot - but there is a consumer protection agency in Mexico called PROFECO. It is a 100% free service and just the mention of their name can scare the crap out of businesses. You have to write up a short story of what happened, visit the PROFECO office, plead your case. They contact the other party. A meeting is scheduled (possibly over the phone). The PROFECO lawyer would act as an advocate for YOU.

We went through that process once a few years back. Our PROFECO lawyer kicked butt. We could not have been happier with the outcome.

Perhaps with their help you could even recoup your 30K deposit...


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## eastwind (Jun 18, 2016)

I sent your original post to my Abagado and asked her if she'd like a referal (seemed like a no-brainer, but I figured I'd ask). She asks that you email her. I have sent you her email by PM. She knows a number of local notarios and can get the best one involved if it goes that far. She can take you to PROFCO too, I'm sure, if that's the best course - first try will always be to negotiate. Good luck.


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## AlanMexicali (Jun 1, 2011)

I can't understand how anyone cannot know that buying a property in Cancun requires the buyer to hire a Notario, get the required permit from the SRE for foreigners to own property in Mexico, and a Notario to begin setting up a fideicomiso (bank trust) before any money changes hands. The deposit a Notario would likely suggest for a house that price to be taken of the market might be about $3,000 to $5,000 USDs not $30,000 USDs. Appears ludicrous anybody would not research all these facts first when considering buying property in Mexico.


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