Notario público in Baja California Sur: what the notario does at closing
In Mexico a notario público is a senior lawyer appointed by the state who prepares and certifies the deed, calculates and collects the purchase tax, and records the sale. The notario is not your advocate, so many buyers also hire their own attorney.
The steps, in order
- The public notario (notario público)
A state-appointed lawyer who drafts and certifies the deed, verifies identities, calculates and collects taxes, and sends the deed to be recorded. - Title search (estudio de títulos / búsqueda registral)
A review of the chain of ownership, any annotations, and the seller's right to sell, done from the RPPC folio (the folio real, the registry's file for the property). - No-lien certificate (certificado de libertad de gravámenes)
An official RPPC certificate stating whether the property has mortgages, liens, embargoes or lawsuit annotations. - Appraisal and purchase tax
The municipal tax the buyer pays on acquiring property (Impuesto Sobre Adquisición de Bienes Inmuebles). The notario calculates it from an appraisal (avalúo). - If a buyer can't attend closing: power of attorney, apostille and translation
A buyer or co-buyer who can't be at the signing gives a power of attorney (poder) to someone who will sign for them in Mexico. The power is signed before a notary public in the US or… - Sign the deed (escritura)
Signing the public deed in which the seller transfers the property to the bank as trustee for your benefit, and the trust contract is formalized. - Record the deed at the public registry (RPPC)
The notario records the deed at the Registro Público de la Propiedad y del Comercio of BCS, on the property's folio real. - Check the recorded deed and build your property file
When the recorded testimonio arrives, check every name, measurement, folio and clave against your passports and the survey. Then scan everything into one file. - Fix name errors on your deed (acta aclaratoria) and record them again
A short notarial deed (acta aclaratoria) that clarifies and corrects an error in the original deed, such as a misspelled name, proven with the passport.
Common questions
What does a notario do?
A notario público is a senior lawyer appointed by the state who drafts the deed, checks the title, calculates and collects taxes, and records the sale. It's not the same as a US notary.
What is ISABI?
The municipal acquisition tax paid by the buyer, set by each municipality's revenue law. It's commonly a few percent of the higher of price or appraisal.
Why does the appraisal matter?
ISABI is charged on the higher of the price or the appraisal, and the appraisal also supports your cost basis.
How long does closing take?
Often about 1–3 months after the promise to purchase, depending on the trust permit, certificates and the notario's schedule (estimate).
Do I need to be in Mexico to sign?
Not always. You can sign through a power of attorney, with apostille and translation as needed.
What is a no-lien certificate?
A registry certificate showing whether the property has mortgages, liens or claims.