Key points
- Check that the property, owner and authority correspond across the transaction documents.
- Assess land registry records alongside occupation, contracts and intended use.
- Define outstanding matters, responsibilities and handover conditions before committing to completion.
Property identification and the seller's authority
The review begins by checking that the deed, land registry folio, location and description correspond to the property being acquired. Differences in area, address or identification should be explained through the relevant documents. A visit helps establish the physical position but does not replace analysis of ownership and representation.
It is also important to identify who will execute the transaction, their authority and any approvals required. Where companies, co-owners or representatives are involved, the file should establish their respective involvement. The objective is to identify outstanding matters before setting payment conditions or assuming that a single signature will complete the entire transfer.
Registry records and the scope of certificates
In Mexico City, the official encumbrance certification service reports the property's registered legal position concerning encumbrances, restrictions on ownership or provisional entries. That description helps establish what information is being requested and avoids treating the certificate as comprehensive approval of the purchase. [1]
The review can compare the certificate with the title, prior records and documents relating to cancellations or amendments. Any discrepancy requires clarification of its significance and the steps needed before completion. The date and content of each document matter: a copy retained from an earlier transaction may not address the position now being assessed.
Occupation, contracts and intended use
The operational assessment should identify occupiers, leases, access arrangements, shared areas and obligations that may affect handover. For business premises, it is also useful to specify the proposed activity and separately review the documents concerning its feasibility. The registered position does not, by itself, explain how the space may be used.
The applicable legislation must be determined for the property and transaction. As a federal reference, Article 13, section III, of the Federal Civil Code refers rights in land and property leases to the law of the place where the property is located. A nationwide standard contract should not replace that local review. [2]
Completion and handover conditions
An outstanding-matters list can distinguish documents to obtain, clarifications, approvals and formal execution steps, assigning responsibilities and dates. Its purpose is to link each condition to the timing of payments, document execution and delivery of possession.
The final documentation should reflect the arrangements for handover, included assets, costs and outstanding obligations. Recording identified discrepancies and the agreed response helps assess whether completion can proceed on the proposed terms. An organised review reduces documentary uncertainty without guaranteeing that future disputes will not arise.
Sources consulted
- Certificate of the existence or absence of encumbrances: procedure description Procedure description section: the registered legal position concerning encumbrances, restrictions on ownership or provisional entries.
- Federal Civil Code Articles 1 and 13, section III.
General information. Application to a particular matter requires assessment of its circumstances and the provisions in force.
