Foreigners: when intending to acquire real property in national territory, they must prove that they have the relevant permit...
Foreigners. When intending to acquire real property in national territory, foreigners must prove that they have the relevant permit containing the agreement as referred to in article 27, section I of the Federal Constitution, on formalizing the purchase-sale before a notary public.
Section I of Article 27 of the Political Constitution of the United Mexican States establishes that the Mexican State may grant to foreigners the legal domain to lands, waters and their accessions, provided they agree before the Ministry of Foreign Affairs to be considered as Mexican nationals with respect to such property; and commit not to invoke, in light thereof, the protection of their government vis-à-vis those rights, under penalty of forfeiting same, should they violate its covenant, in favor of the Nation. Nevertheless, from an analysis of the provisions of this constitutional precept, with respect to Articles 10-A and 39 of the Foreign Investment Act, as well as Articles 66 and 67 of the General Population Act, it can be deduced that foreigners must prove to the Ministry of Foreign Affairs they have obtained the permit or agreement referred to in the aforementioned constitutional provision in order to acquire real property when his/her contract is to be executed before a Notary Public, as said officers are the only ones who have the obligation to make certain of the immigration status of the former, as well as relate and insert the corresponding authorizations or permits in the appendices or registries/records in order to formalize the juridical act as required by law, which in turn means that the corresponding authorization for execution of the private purchase-sale contract is not needed until its execution via a notarial public instrument which is executed for that purpose before a Notary Public.
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