In the United States, the real estate purchase process is underpinned by a robust framework of protections designed to safeguard buyers. Central to this framework are title companies and attorneys, typically hired by banks that provide mortgage loans for property purchases. These entities play a critical role in ensuring that the property’s title is clear and free of any encumbrances. They meticulously investigate the property’s history to identify and resolve any issues that could potentially affect the buyer or the bank. This comprehensive scrutiny guarantees that a clear title is issued upon completion of the transaction, offering peace of mind to both the buyer and the lending institution.
However, the landscape of real estate transactions in Mexico, including popular expatriate destinations like San Miguel de Allende, presents a stark contrast. Transactions here are predominantly cash-based with purchase price and closing costs wired directly from buyer’s accounts, with bank loans being a rarity. Consequently, the protections typically afforded by title companies and attorneys in the U.S. absent.
Expats purchasing property in San Miguel de Allende must be acutely aware that the responsibility for protecting their interests falls entirely on their shoulders. Unlike in the U.S., it cannot be assumed that brokers, agents, and public notaries are safeguarding the buyer’s interests. These parties do not conduct the exhaustive checks necessary to guarantee a clear and unfettered title, leaving buyers vulnerable to potential issues.
Recognizing this gap in protections, Kimmel Realty Group was established with a mission to safeguard the interests of expat buyers in San Miguel de Allende. Our brokerage is unique in that we provide our clients with the services of an honest, capable Mexican attorney at no additional cost. This attorney represents the client’s interests exclusively throughout the real estate transaction, ensuring that their investment is protected and that any potential issues with the property title are thoroughly addressed.
The necessity of such measures cannot be overstated. In a market where cash transactions prevail and the safety nets present in the U.S. are lacking, buyers must take proactive steps to protect their investments. Engaging with knowledgeable and reputable real estate professionals is crucial. At Kimmel Realty Group, we go beyond traditional brokerage services by offering legal expertise to navigate the complexities of the Mexican real estate market at no cost to our clients. This approach provides our clients with a level of protection they would expect in the United States, fostering confidence and security in their property transactions.
In conclusion, while the inherent protections in U.S. real estate transactions are not automatically present in Mexico, buyers in San Miguel de Allende can still safeguard their interests by taking proactive measures. Kimmel Realty Group stands as a pioneer in this regard, dedicated to providing unparalleled protection and peace of mind to expat buyers through our providing them with comprehensive legal support at no cost to them.
About the author: Jeff Kimmel is a lawyer and a member of the California bar since 1980. He became a partner of the Mexican law firm PORTILLA, RUY-DIAZ Y AGUILAR in 2017. He started KIMMEL REALTY GROUP in SMA in 2021 with the mission to help its clients take the risk out of buying real estate in Mexico.
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