Buyer's Checklist - May 2008 version
General Questions Anwer(s)
- Are ownership papers available from the owner?
- Is the property in the restricted zone?
What does that mean?
- Is the property part of Ejido Land?
What are the special risks?
- When I get a fideicomiso (Bank Trust) do I own the
property?
- Is the contract written to protect me?
Can I influence the contract?
- Can I get a deed or title on the property?
Real Estate Resale Questions Answer(s)
- How is the property owned?
Deed, Title, Bank Trust, Private Contract, LLC, Mexican
Corporation
- Does the property have clear title?
- Does the property have liens or lawsuits preventing title?
- Is the property held free and clear or debt?
- Are there city or state bylaws that limit ownership or usage
- Is there a condo regime? What are the restrictions?
- Are there HOA (Home Owners Association) rules?
How do they impact your usage?
New Development Questions Answer(s)
- Is the project an idea on a brochure?
- Are building and sales permits in place?
- What stage of development is the project in?
- Does the project clearly describe what you are getting?
- Is your deposit protected in an escrow account?
Is the letter of instruction favorable to you?
- Is the purchase reservation, offer to purchase, promise
of trust agreement, and other legal documents written to
protect you?
- Are there warranties and consequences if the performance
expectations are not met?
- How is the project financed? What percentage of the financing
comes from the developer, investors, financial institutions
buyers?
- If your funds are used for promotion or construction are they
protected if commitments are not met?
- If the project fails to be adequately funded, are the investors
left with anything real?
- Does the developer hold performance bonds that are valid
and payable to the investor/buyer against contract warranties?
- Does the developer have a good history of building similar projects?
- What does the developer have to lose if the project fails?
See the blog section for the checklist