The official office of Mexico’s Notary Public has much more legal responsibility than the United States Notary Public. The Mexico’s Notary Public legal role does not compare to the counterpart with the United States. Just about anyone can become a Notary Public in the United States, but not in Mexico as Mexico’s Notary Public is only given to lawyers who are highly experienced and they will be assessed, then appointed by the state’s Governor in Mexico.
Mexico’s Notary Public has a lot of power as they will witness and certify all civil and business documents that require authenticity. They also have the responsibility to manage, secure and store all legal records. To be a Notary Public in Mexico you must be a citizen of the country, 35 years and older, have a law degree, pass the exam, and have at least three years of Notary Public office experience. Those individuals that do qualify will in time be appointed as Mexico’s Notary Public by the state Governor’s office.
Some buyers who are purchasing property in Mexico prefer to hire an attorney to ‘oversee’ the transaction, but you should know that only the Notary Public has the legal rights and power to make sure the papers and title is legal and then passed to the buyer. You can avoid added attorney fees if you choose unless you think there may be complications that arise and you want legal advice with the transaction, then you may feel more secure and comfortable with an attorney.
The most important legal person that you will deal with is the Notary Public, when you are purchasing real estate as an investment in Mexico whether you decide to hire an attorney or not. The Law in Mexico clearly states that the deed to the property should be prepared and processed by a Mexico’s Notary Public. It is your right to choose the Notary Public as this should be the first legal person you should call. The Notary Public will make sure the documents, permits, and all legal documents are legally done so the title can be given to the owner. The Notary Public will also let you know if there are any legal problems that is associated with the transaction.
Many buyers will get their Notary Public from their real estate agent. A great and established agent in Mexico should have a good working relationship with all legal professionals and the Notary Public community. If you agent has failed to give you a recommendation, then you can ask local friends or family members or you can also check the Collegiate Website for Notary Publics in Mexico. You, as the buyer has the right to choose any Notary Public, but you should make sure that the Notary is solely independent from the seller.