The closing system in Mexico functions differently from that of the United States or Canada, and the difference centres on the notario público.
The notary formalizes the transaction. The notary does not represent you.
What the Notary Does
The notario público is a highly qualified public official who authenticates the deed, verifies certain formalities, calculates and withholds applicable taxes, and records the transaction in the Public Registry. The notary gives the act its public faith — da fe.
What the Notary Does Not Do
The notary is impartial by design and represents neither buyer nor seller. The notary does not advise whether the structure serves the buyer’s interests, whether the price is sound, whether concessions were verified, or whether the risks were examined. The notary does confirm the property bears no registered liens — but a registry certificate records what is filed, not what diligence would uncover, and never what the transaction at hand requires. The notary also calculates and remits the taxes the transfer triggers — yet on the figures as presented, not on the position the seller might have secured. A notarized deed confirms that the act was formalized — not that it was wise.
The Common Misconception
Foreign buyers often assume that if a property is marketed professionally and closes before a notary, the investment is secure. On that basis alone, it is not. The notary’s impartiality and limitations are the very reason the buyer still needs independent counsel.
The notary formalizes; independent counsel protects. Confusing the two leaves the investor advised by no one.