PRACTICE AREAS

San Miguel Legal will review all documents and coordinate the closing. We maintain constant contact with our clients, the Notario, real estate agents and other professionals, making sure that the process is carried out per the agreements signed by the parties and according to law.

We are fully cognizant that real sate transactions in Mexico generate many concerns. Our purpose is to give our clients advice and legal representation so as to provide more certainty and security during a real estate closing.

We are strongly committed to the idea that clients need to be properly informed during the real estate closing process in Mexico, to better guarantee a satisfactory result.

Over the years we have gained tremendous real experience by represented clients all over Mexico, both individuals and companies.

Title Insurance provides legal and economic certainty for a real estate purchase. The entire chain of title is reviewed and in the event of a claim, the title company will pay for the legal defense of your title or indemnify the title holder in the event the property is lost. Title insurance has been available in Mexico for a long time and has been underwritten by some of the most renown title companies of the world. Title companies will insure individual homes, commercial and industrial properties. San Miguel Legal has been authorized by several of these title companies to do title searches and issue legal opinions.

First, San Miguel Legal will perform a title search on the Title’s property being acquired pursuant to the parameters established by the insurance company. If the client would then like to purchase title insurance, we can coordinate with the insurance company to obtain a policy.

As part of our in-depth review, we review the entire chain of title to insure it is not broken o has a legal defect. In addition, we make sure it is not encumbered, been attached, that ownership is not limited in any way and that there are no other legal issues.

Even if you do not intend to purchase title insurance, it is always recommendable to review title in order to minimize potential risks that might jeopardize your possession or ownership right. This is best done through a title search.

If you want to make sure your funds are well protected during the closing process, without the need to deliver funds to the seller, you should consider using escrow.

An “Escrow Account” goes hand in a hand with an agreement where an independent third party receives, administers and distributes the funds pursuant to the agreement between the parties in the real estate transaction. This includes the distribution of funds to the seller, Notario fees, broker commissions, etc.

At San Miguel Legal, we prepare all the documents necessary for escrow, as well as coordinated with the Escrow Company regarding the establishment of an Escrow account. We also ensure that distribution is done pursuant to the escrow agreement between the parties once the deal closes.

When a buyer and seller reach an agreement for the sale of real property, between themselves or with the help of a broker, the parties often enter in a purchase sale agreement. This is a contract where the parties agree on the property, the price, how payment will be made, legal description of the property, the date of closing, and when possession is transferred and any other condition or contingency.

In Mexico all purchase sale agreements related to real property must be established in writing and formalized before a Notario.

In order to minimize any possible conflict regarding the agreement or its interpretations, San Miguel Legal will correctly structure the purchase sale agreement with a view to provide clarity and precision.

Capital Gain Tax in a real estate transaction plays an important role. Knowing its implications and legal requirements helps the parties to have a better understanding of its application and make a better decision when reaching an agreement on the sale or purchase of a real estate property.

San Miguel Legal assists with the review and strategic planning to exempt or reduce capital gain tax on a real estate transaction.

San Miguel Legal has a broad and successful practice in civil litigation in our country, representing clients in a wide variety of matters regarding fulfillment or rescission of contracts; inheritance; mortgages; leases; etc.

In addition, our lawyers are involved in commercial, family and labor litigation and amparo matters.

San Miguel Legal guides its clients, step by step, through these processes, in a transparent manner, through constant information and communication on the status of their matter.

In many times it is not necessary to arrive to litigation to solve a conflict, so alternative mechanisms of dispute resolution such as mediation and conciliation are of great help.

The purpose of these alternative mechanisms is to solve conflicts or controversies that arise between people, through dialogue and with the active participation of the parties, which makes it easier for them to reach an agreement and its fulfillment.

At San Miguel Legal we help our clients to manage that communication and dialogue with the other party in conflict, providing the necessary advice to our clients so that they know the pros and cons of their matter, in order to make the appropriate decisions to reach an agreement that settles the conflict or controversy, with the security and certainty that it deserves.

Deciding who will be the beneficiary of our estate after death can be difficult, but drafting a will can prevent disagreements among family members in the future. A will guarantees that the property rights will be transferred in an orderly and peaceful manner to the people we decide.

San Miguel Legal will draft the Will in clear and precise language, pursuant to the law and the wishes of our clients, with the goal of avoiding conflicts between heirs in the future.

In the event you are not a Mexican citizen, we make sure that any Will granted in Mexico is coordinated with your estate plan and foreign Will to avoid any controversy between jurisdictions.

Our lawyers coordinate the process for the execution of your Will before a Notary Public, making sure that the desired testamentary dispositions are established and that the formalities and solemnities established by law are followed for its validity.

Advance directives can be understood as “the decision made by a person to be subjected or not to medical treatments or procedures intended to prolong the life when such person is in the terminal stage and, for medical reasons, it is impossible to maintain it naturally, protecting at all times the dignity of the person”.

In order to grant an advance directive, it is not necessary for the person to be ill or to have suffered an accident. Any person of legal age can do it in a preventive way, the only thing that is required is to prove the identity and choose your representatives.

In order to execute the advance directives, it is necessary to grant it before a Notary Public, freely and in a consciously, seriously and unequivocally way, expressing the intention to be subjected or not to specific medical treatments or procedures.

San Miguel Legal manages and coordinates its execution before a Notary Public, and verifies that the desired provisions are established and that the steps and formalities required by law are followed with.

We advise and represent individuals in obtaining Residency Visas and any other special procedure or authorization required by the Immigration Authorities. Likewise, we provide advice and representation to national and foreign companies to obtain the appropriate visas for their personnel in Mexico, and their family members.

We represent foreigners in Mexico for the regularization of their immigration status allowing them to stay legally within the national territory.

Among our activities, to mention a few, we take care of obtaining or updating the Employer’s Certificate; Employment Offer Visa; Renewal of Temporary Residence, Permanent Residence Visa, Change of Status from Temporary Resident to Permanent Resident; Notices to the immigration authority (change of place of work, change of domicile, change of marital status, change of nationality); Change of Status of Stay from Tourist to Temporary Resident (spouse of Mexican national or Temporary or Permanent Resident); and Replacement of immigration document.

Naturalization is the process for obtaining Mexican citizenship by a foreigner, either by residence or family relationship with a Mexican citizen.

San Miguel Legal provides advice to clients on the procedure for obtaining naturalization, accompanying at all time to the applicant during the process and the obtaining of the necessary documents to start the process, as well as assistance with the test guide and the language interview.

We analyze in advance the required documents and determine the feasibility of obtaining naturalization.

San Miguel Legal provides advice and representation in the drafting and negotiation of all types of contracts, civil or commercial agreements, in accordance with the needs of our clients, always focused in providing to the transaction legal certainty and security, as the proper protection of client’s interests.

San Miguel Legal lawyers are in charge of drafting (in English and/or Spanish languages) and negotiating the contracts or agreements, as well as reviewing and analyzing the risks that may arise or the possible scenarios related to its fulfillment or non-fulfillment, in order to avoid or minimize as much as possible controversies or conflicts between the involved parties.

Among the contracts mentioned we can find: Lease, labor, assignment of rights, professional services, loan and mortgage, shares or social parts transferring, joint venture, construction, etc.

Mexico’s labor legislation contains provisions that are mostly protective of workers. For this reason, employers, whether individuals or companies, must have proper advice and representation to know the current labor regime in Mexico, its implications and the provisions necessary to fulfill with the law, in order to avoid the payment of fines or a litigation.

Our firm has trained lawyers to provide advice in this area of law, providing legal strategies to prevent labor conflicts.

The labor justice system in our country has changed radically in recent years, so in case of conflict it is essential to have a correct advice and representation before the courts.

San Miguel Legal has worked with clients in a wide variety of corporate projects in Mexico, helping the client to start their business in an organized and safe way by creating a corporation. With our advice, you can have a better overview to decide if you really need the creation of a corporation, or what kind of corporation you need for the management of your business.

Our firm has experience in handling all matters related to the creation, transfer or any other act that affects corporations.

Our lawyers will assist you in the drafting of your bylaws. We take care of recording of the corporation before the Tax Authorities and obtain all recordings and permits with the authorities for its correspondent operation.