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These People Are made For Picking.


AngusMactavish

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I ran into an acquaintance today and asked her how her quest to buy a house was going. She said that they had decided to build in upper Riberas. Asking who was the attorney she used for due diligence she replied, “We used (name)”. I know the man and he is a notario, so I again asked who was representing her at closing. She said the same person. At closing, there was the notario, the lot owner/builder, and the buyers. She said the transaction was on one contract and that they paid 100% up front.

I referred her to Spencer and wished her well.

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On 1/7/2019 at 5:24 PM, lakeside7 said:

I am not sure what you are suggesting,  perhaps because you OP was not clear...was because the same notario is representing  both parties?

No. It was a case of no due diligence and paying 100% up front for a future delivered product.

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Angus, another practice here at lakeside is almost as bad. Local realtors sell you a lot and a finished house like "this" model home. The deal closes and even if the building funds are dispersed over the construction time (maybe a couple of years) the realtor gets a commission on a nonexistent house that does not and may never exist.

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On 1/7/2019 at 2:58 PM, AngusMactavish said:

I ran into an acquaintance today and asked her how her quest to buy a house was going. She said that they had decided to build in upper Riberas. Asking who was the attorney she used for due diligence she replied, “We used (name)”. I know the man and he is a notario, so I again asked who was representing her at closing. She said the same person. At closing, there was the notario, the lot owner/builder, and the buyers. She said the transaction was on one contract and that they paid 100% up front.

I referred her to Spencer and wished her well.

In Mexico you always use a notario as he or she has more knowledge than an attorney and more education.  Very different than NOB

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32 minutes ago, daisy2013 said:

In Mexico you always use a notario as he or she has more knowledge than an attorney and more education.  Very different than NOB

I am so sorry I didn't explain the situation sufficiently for you. You are an example of innocence.

 

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  • 2 weeks later...

Lakeside Notario represent the States not the people who pay them and they are to be impartial.

Daisy you do not understand the system.. You do not use a notario because he is more or less knoowledgeable about realestate, you use him because if you want your transacton to be leagal and have the right paperwork he is the only one who can do it,  A lawyer represents you and your interests, the notario does not.

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I understand fully the difference a notario and an attorney.  And a notario has the full knowledge that an attorney has before becoming a notario meaning he or she has a law degree first then goes back to college to be a notario.

A attorney in Mexico has a legal degree after graduating 4 years from college.

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9 hours ago, daisy2013 said:

I understand fully the difference a notario and an attorney.  And a notario has the full knowledge that an attorney has before becoming a notario meaning he or she has a law degree first then goes back to college to be a notario.

A attorney in Mexico has a legal degree after graduating 4 years from college.

Your understanding of the legal profession differences does not address the situation. The buyer went to closing without a lawyer on her side. She though the notario represented her when in fact, he does not. The notario's obligation is to record and tax the transaction. If the seller receives an egregious promissory note if it is legal nothing is said. The notario has no obligation to warn the buyer they are in a weak position. If the buyer had their own lawyer to review the contract, they would get an opinion that could protect them, called due diligence. I never bought a house NOB where I didn't have my own lawyer look at and approve my interests.

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Daisy is correct a notario is trained in the different aspects of property laws ad transactions where a lawyer is generally not.  The notario is also supposed to advise you if there is legally any problems with the property you are buying.  This is why it is important to pick a notario which is agreeable to both parties.

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Wow! Everybody knows a notario is needed for a real estate deal, but that is not the point. As a buyer, if you don't have a lawyer representing you and your interests, you are ripe for picking. Innocence is a nice way to say ignorant or clueless.

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