Mexico’s system for recording land transfers is derived from Spanish civil law and is a cornerstone of the country’s legal framework. Central to this system is the notario público (notary), a specially appointed attorney who performs functions far beyond those of a notary in the United States. Mexican notaries undergo extensive legal education and apprenticeship and are granted one of a limited number of government appointments. Their role is more comparable to that of a judge or magistrate, particularly with respect to legal oversight and official record-keeping.

In Baja California Sur, there are approximately 25 to 30 appointed notaries. In a real estate transaction, the notary plays a critical and comprehensive role, including:

• Assembling, or supervising the assembly of, all documents required for a valid transfer
• Verifying the legal identity, capacity, and authority of each party involved
• Drafting the transfer instrument, which for foreign buyers often takes the form of a fideicomiso (bank trust)
• Personally supervising the execution of all documents
• Permanently retaining the original signed deed and all supporting documentation in the notary’s official archives
• Issuing certified copies and ensuring proper recording with tax authorities and the Public Registry of Property
• Calculating all applicable taxes and government fees
• Collecting and remitting those taxes and fees to local, state, and federal authorities

Because the notary is responsible for both legal validation and governmental compliance, notary fees represent a significant portion of total closing costs. This contrasts sharply with the United States, where notaries serve a much more limited administrative function.

In addition to the notary, a closing attorney—typically a licensed Mexican real estate attorney—plays an important coordinating role. The closing attorney’s responsibilities are similar to those of a title or escrow agent in the United States. They act as a liaison between the buyer, seller, notary, and (when applicable) the trust bank holding the fideicomiso. Their work includes collecting and reviewing documentation, confirming that title is clear, and coordinating all parties to ensure that the transaction proceeds smoothly and efficiently.