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.
Why it matters
A property transfer must be in a public deed (escritura pública) before a notario.
Who helps
The notario, a state-appointed lawyer licensed in Baja California Sur. In Mexico the buyer customarily chooses the notario.
What to do: Choose a notario licensed in Baja California Sur.
Documents
- Buyer: passports, proof of address, marital status, tax ID if you have one (RFC/CURP or foreign TIN), and the SRE permit.
- What the notario will ask the seller for: the recorded deed (or trust deed and the bank's no-arrears letter); IDs (or a company's articles and powers); the predial no-debt certificate; water (OOMSAPAS) and CFE paid-up receipts or no-debt letters; the HOA no-debt letter for condos; the building license and completion notice, or a construction declaration, if there's a house; the no-lien certificate; the seller's RFC or proof of tax residency (for capital gains, step 5.9); and, for ex-ejido land on its first sale, the derecho del tanto certificate (step 1.4, E7).
Costs Estimate
- BCS notarial fee schedule (Arancel de Notarios, in force since Feb 1, 2024), plus IVA: Sale deeds: a base of 75 UMA for the first 2,000 UMA of value, then sliding marginal percentages on each higher bracket (about 1.1% on the next bracket, falling in steps to about 0.33% on value above 128,000 UMA). Copies (testimonio): 30% of the deed fee.
Estimates only. Get written quotes.
Common mistakes
- Not asking for the itemized cost estimate in writing before signing the promise contract.
- Not reading the draft deed for spelling errors in names (see step 3.4).
Say it in Spanish
- ¿Me podría enviar el proyecto de escritura para revisar los nombres antes de firmar?
Could you send me the draft deed to review the names before signing?
Terms
Sources
- Colegio de Notarios de BCS – Arancel 2024 (PDF) (checked 2026-10)
- ML Realtor (checked 2026-10)
Confirm the details for your case with your notario or attorney.
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.