Counsel, Tax & Protection

Broker Practices and Independent Legal Advice

A broker can sell you a property. Only independent counsel — with no stake in the closing — can tell you what you are actually buying.

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Unlike the United States and Canada, real estate practice in Mexico has, historically, lacked uniform governance and licensing. Some states have begun to regulate — among them Sonora, Sinaloa, Colima, Veracruz, Baja California and Quintana Roo (2014), Guerrero (2022), the State of Mexico and Mexico City — but supervision remains uneven, and in much of the country anyone may act as an agent.

The broker’s role is commercial. It is not legal, and it is not fiduciary.

What a Broker Does — and Does Not

A broker markets property and brings the parties together, and is generally paid on the closing. That incentive is legitimate, but it is not a duty to the buyer. Brokers do not, and should not, opine on ownership structure, tax exposure, regulatory compliance, or the soundness of title.

A Minimum Standard, and the Red Flags

Where regulation exists, a credible adviser should hold a current state-registry inscription, a valid license, and full tax compliance: an active RFC, a positive compliance opinion, and direct issuance of its own CFDI for real-estate services. A CFDI issued by a person other than the intermediary is a recognized red flag.

Why the Foreign Investor Is Exposed

Foreign buyers do not operate within their own legal framework, often rely on reputation rather than verified competence and on boiler standard formats rather than customized contracts that meet the law, and cannot easily detect legal or fiscal irregularities. That is precisely the gap independent counsel exists to close.

The reassurance that everyone does it this way is a marketing statement — not a legal opinion.

A broker can sell you a property. Only counsel whose sole duty is to you can tell you what you are buying — and stand behind it.

About the Author

Ana Lozano — Attorney at Law, Lozano & Associates. Ana Lozano is the founding partner of the firm and brings a quarter-century of experience advising international clients across Mexico’s regulated coastal and investment jurisdictions. She is certified by the Superior Court of Justice of Guerrero as an expert translator and interpreter in English and Spanish. Her practice integrates regulatory depth with commercial fluency within Mexico’s legal framework.

info@mexicanattorneys.com.mx  ·  lozanoassociates.com  ·  +52 755 544 6007

The matters discussed here require individualized legal analysis under Mexican law and applicable regulations.

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