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The role of a Notario Publico in Mexico

In British Columbia, Canada, a notary public has the authority to draft and certify legal documents, including purchase contracts and mortgage agreements. They can handle real estate closings. A BC Notary can also conduct due diligence by verifying the title of the property and ensuring that all necessary paperwork is properly executed and filed. Additionally, notary's responsibilities include witnessing and authenticating specific documents through a process called notarization; they also take testimony, affidavits, administer oaths, handle estate matters.

In Mexico, a "Notario Público" is a highly educated lawyer who has been appointed by the Mexican government after fulfilling rigorous requirements, including legal practice, a demanding application process, passing a strict exam, and meeting government-set qualifications.

Mexican Notarios carry significant responsibilities, particularly in real estate transactions where they are legally mandated to ensure property titles are clear and registered at the Land Title Office (Registro Público de la Propiedad). They safeguard original records and documents and are accountable for filing them with the Land Title Office, with potential liability in both civil and criminal terms.

Despite the involvement of a Notario Público in finalizing real estate deals in Mexico, it's still advisable to have a Mexican lawyer. When buying property in Mexico, having a Mexican lawyer is crucial for navigating the intricacies of due diligence on the property and the developer, if applicable. A Mexican lawyer will represent your interests.

Although a Notario is a lawyer, they do not represent your interests in such transactions. Their role is neutral, representing the interests of the buyer, the seller, and the government. Hence, it's recommended to engage a Mexican lawyer to safeguard your individual interests.

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