Real Estate

So you are a foreigner and you or your company owns or plans to own real estate in Mexico? Have you completed your due diligence? Is the real estate located within the restricted area? Should we set-up a trust? Are there any water rights involved? Do you need to lease a facility or offices for your business? Let us help. Let us draft and negotiate that turn-key construction agreement for you, and make sure that the contractor is complying with all applicable statues. We can draft your home lease agreement too, and also work on the execution of that estate regarding the property located in Mexico and which is subject to a foreign will and estate proceeding.

Services and related transactions

Transactions Through Trusts within the Mexican Restricted Zone.

  • Representing U.S. nationals in the formalization of a Mexican estate trust including real estate within the Mexican restricted zone.
  • Representing a U.S. incorporated estate trust, particularly in respect of its execution regarding certain assets and real estates located in Mexico.
  • Participation in a number of transactions involving the acquisition, sale or contribution of real estate located within the Mexican restricted zone, including regulatory matters before the secretary of Foreign Relations.
  • General advice in the incorporation of trusts by foreigners, for their acquisition of real estate within the Mexican restricted zone.

Drafting, Negotiating and Formalizing the Sale and Acquisition of Real Estate.

  • Drafting and negotiating a real estate agreement for the acquisition of a real estate property for industrial purposes in Monterrey, Mexico for the establishment of the Mexican operations of a company listed in the London Stock Exchange involved in the precision machinery industry.
  • Drafting and formalizing real estate sale agreements as part of a full business acquisition transaction of a Canadian company involved in the wood products industry.
  • Drafting and negotiating a letter of intent for the acquisition of a number of real estate properties located in Sonora, Mexico, for their later contribution into a Mexican trust directed to final sale to foreign investors.
  • Drafting and formalizing multiple promissory sale agreements, whether direct or subject to conditions, for the acquisition and sale of different types of real estate in Mexico, both for Mexican and foreign clients, natural persons and legal entities.
  • General legal advice to an important Asian-based company in connection with the donation in its favor of certain real estate properties in which its industrial facility will be constructed.

Drafting, Negotiating and Formalizing Lease Agreements.

  • Reviewing the existing lease agreements of a US-company involved in the tourism sector in Northern Mexico.
  • Negotiating different types of guarantees to secure payment and fulfillment of lease obligations in a number of lease agreements protecting interests for both landlord and lessee.
  • Drafting and negotiation termination letters and termination agreements for lease agreements including early terminations and negotiating 
  • Structuring and negotiating lease agreements in respect of a number of industrial buildings in Mexico, for different terms and subject to different conditions, and mainly for foreign companies being established in Mexico.

Real Estate Due Diligence and Searches for Title and Liens in the Public Register of Property and the National Agrarian Register.

  • Drafting and negotiating a letter of intent for the acquisition of a number of real estate properties located in Sonora, Mexico, for their later contribution into a Mexican trust for the construction of a resort development and its final sale, mainly targeted to foreign investors.
  • Restructuring real estate title condition for companies and groups of families, including advice and provisions related to estate planning.
  • Multiple searches and revisions of real estate records located throughout Mexico, aimed to verifying title, liens, easements and any other encumbrances affecting such real estate.
  • Reviewing and advising Tyson de Mexico in connection with the current condition and restructuring of a number of companies and suppliers in the National Agrarian Register, including certain real estate property titles.

Structuring and Formalizing Letters of Intent, Promissory Agreements, Options and Rights of First Refusal Regarding Real Estate Property.

  • Structuring, negotiating and drafting the financial agreements involved in the build-to-suit-to-lease of several manufacturing facilities by Prodensa, for their use by U.S. manufacturing companies.
  • Structuring and formalizing certain acquisition option rights in representation of Tyson de Mexico, regarding a substantial number of real estate properties which are strategic for its business.

Drafting, Negotiating and Formalizing Construction Agreements.

  • Drafting and negotiating terms for a construction agreement with a Mexican health public entity as a part of a medical equipment sale and implementation services agreement of a client in the medical supplies industry.
  • Drafting and negotiating the contracts involved in the construction of a manufacturing facility to be located in Northeast Mexico through a subsidiary of an important global company based in Asia.
  • Structuring, drafting and formalizing a number of construction agreements used by a Mexican real estate developer for its real estate operations in Mexico.
  • Planning, structuring and drafting construction, repair and maintenance contracts for Tyson de México.
  • Structuring, negotiating and drafting the financial agreements involved in the build-to-suit-to-lease of several manufacturing facilities by Prodensa, for their use by U.S. manufacturing companies.
  • Participating in a transaction implying the design, financing, construction, operation and management of an electric power production facility in Mexico by Cemex, including the drafting of several of the mayor agreements involved in the transaction, among them an investment, operating and management trust to which several international financial institutions were parties.

General Advice and Application of Construction Licenses and Land Use Changes and Permits.

  • General advice to a number of real estate owners and investors in connection with zoning and land use changes and permits within the State of Nuevo Leon, Mexico, including successfully obtaining zoning and land use changes in highly-sensitive zones within the State.

General Advice and Filings Regarding Water Rights and Water-Related Matters.

  • Coordinating and performing assignments of water rights as a part of business acquisition processes including real estate acquisition.
  • General advice to Tyson de Mexico in the restructuring and revision of multiple Water Rights’ Titles and the rights derived thereof, in connection with a number of commercial transactions in which the company is involved.
  • Structuring and formalization of partial assignment of water rights derived from Water Rights’ Titles, including obtaining certificates thereof and other related procedures regarding such Water Rights’ Titles from the National Water Commission.

* For confidentiality purposes, we do not disclose the names of our clients in all representative transactions which are referenced above and within each of our practice areas.