Buying in Club Campestre and wondering who actually makes it official? If you are used to U.S. or Canadian closings, Mexico’s Notario Público can feel unfamiliar. You want a smooth, compliant purchase that protects your money and your title. In this guide, you’ll learn what a Notario does, the steps from offer to recording, how fideicomiso works in the restricted zone, typical fees, red flags, and how your agent coordinates the process. Let’s dive in.
What a Notario Público does
A Notario Público in Mexico is a licensed public official with legal authority to formalize real estate transfers. They are not the same as a U.S. notary. The Notario verifies legal compliance, drafts and executes the public deed, calculates and collects taxes and fees, and files your transaction with the state property registry.
The Notario is an impartial officer. They do not advocate for the buyer or the seller. Their duty is to ensure the deal is lawful, complete, and properly recorded. You can also hire your own attorney or tax advisor for independent representation.
How the process works in Club Campestre
From offer to deposit
After your offer is accepted, your agent gathers key documents from the seller and the HOA. This includes the current deed, a recent certificate of no liens, property tax and utility receipts, and condominium or development bylaws. Parties usually sign a promissory purchase agreement that outlines conditions, deposits, and timelines. Funds can move through a Notario trust account or an independent escrow.
Due diligence the Notario completes
During due diligence, the Notario confirms the legal owner, checks for liens and mortgages, and reviews municipal items like predial, water, and fines. They verify land use and building permits, and confirm that the home or condo complies with approvals. They also check HOA status for unpaid assessments or disputes, and verify that the land is not ejido or communal land. If the property is in the restricted zone, they advise on title structure.
Fideicomiso in the restricted zone
Club Campestre sits in the coastal restricted zone where most foreign buyers use a bank trust called a fideicomiso. In this structure, a Mexican bank holds title for you as the beneficiary. The Notario prepares the trust deed language and coordinates the permit authorization with federal authorities. The bank and Notario collect your identification and compliance documents. Expect the trust setup and authorization to take several weeks to a few months depending on the bank and paperwork.
Closing and registration
Before closing, the Notario prepares a detailed closing statement with taxes and fees. On signing day, the Notario reviews the deed with you, verifies IDs, and oversees funds per the escrow instructions. After signatures, the Notario files your deed with the state registry and follows it through to registration. You receive certified copies and the registered folio when complete.
Documents your Notario will verify
- Seller’s deed and current registry extract showing ownership and encumbrances
- Certificate of no liens or encumbrances
- Property tax receipts and municipal clearances
- Water and utility account status
- Building permits and final occupancy or completion certificates, if applicable
- Condominium or HOA documents, bylaws, minutes, and account status
- Land-use certificates and related urban planning items
- Seller identification and legal capacity to sell, including powers of attorney if a company
- Buyer identification and compliance for KYC/AML
- Fideicomiso trust deed and federal authorization if a bank trust is required
Taxes and fees you should expect
The Notario calculates and collects official taxes and fees at or before closing. These commonly include:
- State transfer tax on the property transfer
- Notary fees for drafting and executing the public deed
- Registry fees to record the deed with the property registry
- Municipal prorations for property taxes, HOA dues, and utilities
- Bank trust setup and annual fees if you use a fideicomiso
- Seller income-tax withholding if required under federal rules for non-resident sellers
- Additional items such as external legal or translation services, professional appraisals, or mortgage cancellation fees
Ask the Notario for a written closing estimate early in the process. This helps you plan wiring amounts and avoid surprises.
Typical timeline in Los Cabos
- Offer accepted and deposit: days to 2 weeks
- Document collection and initial due diligence: 1 to 3 weeks
- Fideicomiso application and bank trust setup: commonly 4 to 12 weeks
- Final tax calculations and scheduling: 1 to 2 weeks after due diligence
- Signing day at the Notario’s office: 1 day
- Registration with the property registry: often 1 to 4 weeks, depending on backlogs
Delays can occur with bank trust processing, missing permits, unresolved liens, HOA disputes, or ejido issues.
Red flags the Notario looks for
- Ejido or communal land that requires special procedures
- Missing or incomplete building permits or final certificates
- Mortgages, liens, or judgments that have not been released
- HOA arrears, litigation, or pending special assessments
- Boundary or survey discrepancies that do not match the legal description
- Gaps in the seller’s legal authority or expired powers of attorney
- Unusual payment requests or routing funds outside of approved escrow or Notario accounts
How your agent coordinates with the Notario
Your agent acts as your communication hub, assembling seller, HOA, and municipal documents for the Notario. They help order preliminary reports and coordinate escrow or a Notario trust account for deposits and closing funds. They also schedule signing, arrange translators or witnesses if needed, and manage key handover after closing.
In Club Campestre, a well-run team ensures everyone knows what to provide and when. Ask for written instructions from the Notario, including the exact documents you must submit, the closing estimate, and secure wiring instructions. This reduces risk and keeps your deal on schedule.
Your next step
If you want a smooth, secure purchase in Club Campestre, start with the right team and a Notario experienced in Los Cabos closings. For tailored guidance and coordinated escrow, trust the local experts who specialize in high-end golf and resort communities. Start your search and closing plan with the Oceanside Real Estate Group.
FAQs
Do foreign buyers need a fideicomiso in Club Campestre?
- Most foreign buyers do, because Club Campestre is in the coastal restricted zone; the Notario confirms the parcel’s status and outlines trust vs. direct deed options.
How long does a fideicomiso take to set up in Los Cabos?
- The Notario coordinates bank trust documents and federal authorization; timing commonly runs several weeks to a few months depending on bank and paperwork.
Who typically pays the Notario fees and transfer tax in Cabo?
- It is negotiable, but buyers in Los Cabos commonly pay transfer tax and Notario fees; your contract sets the final split, and the Notario provides a closing estimate.
What if the seller is a non-resident for Mexican tax purposes?
- Federal rules can require withholding; the Notario advises on documentation and may withhold amounts or confirm the seller’s tax clearance to satisfy the requirement.
Is the Notario my lawyer in a Club Campestre purchase?
- No; the Notario is a neutral public officer who ensures legality and registration, and you can hire your own attorney for independent advice and contract negotiation.
