DUE DILIGENCE

Due Diligence - Title Search is a legal service through which an exhaustive and multidisciplinary investigation is carried out, in order to minimize the risks involved in all types of purchase transactions, by means of a detailed and independent analysis of the different areas that may affect the property.

Thus, through ID LEGAL’s expertise in matters of Legal Auditing of Property Titles, we provide our clients with legal security, avoiding any type of uncertainty in the execution of transactions regarding real estate, through an exhaustive investigation of the conditions of the corresponding property upon all government agencies at the municipal, state and federal levels related to it.

An adequate Due Diligence procedure is necessary to shield a transaction with legal certainty. The lack of this process can generate the risk of financial losses for the partial or total amount of the operation, in case there is any lien, encumbrance or otherwise which may affect the property being negotiated.

ID LEGAL offers you the following objectives
to be met within a Due Diligence -Title Search service:

Legal: To provide security in the execution of real estate transactions, verifying the legal status of the property or properties.

Financial: Determination of the viability of a transaction, anticipating risk scenarios that could result in loss of investment by the acquirer.

Fiscal: To ensure that the property is in compliance with tax obligations, and not to incur in fines or surcharges.

Environmental: To foresee potential environmental risks and study the decisions proposed to face them.

Due Diligence Process

A     Preliminary analysis phase: Reading and review of documentation and information received by the client. 


B     Investigation phase: Inquiries upon pertaining authorities (Federal, State and Municipal) of the necessary information in order to have a complete picture of the corresponding property.


C     Issuance of Legal Opinion: By means of which the client is presented with the real legal situation of the property, in which each and every one of the registral, cadastral, and even judicial acts and facts related to the property object of negotiation are shown; and according to which the recommendation to celebrate the contractual operation or not is made; or if applicable, the risk scenarios that are anticipated for the acquiring party in the event of the formalization of the same are presented.

Possible limitations or affectations of property

Possible limitations

Trial-derived annotations

Subjection to Ejidal Regime

Subject of Expropriation

Domain Reservation

A use of water is in a banned area

Corresponding dependency

Public Registry of Property and Commerce

National Agrarian Registry

State and Federal Executive Branch

Public Registry of Property and Commerce

National Commission of Water

Formal elements of the Due Diligence process

  1. The title deed. 
  2. Notarial intervention. Public deed and acts.
    1. Notarial deeds and copies
    2. Notarial deeds
    3. Notarial certificates.
  3. Registry verification of the annotations which may affect the registry title of the property:
    1. Registry books.
    2. Entries and preventive annotations of seizure.
      · Preventive annotation of a lawsuit. 
      · Preventive annotation of seizure.
      · Preventive annotation of execution of sentence. 
      · Preventive annotation of sequestration or prohibition of transfer. 
      · Preventive annotation of hereditary rights in abstract. 
      · Preventive annotation of bequests. 
      · Preventive annotation of agricultural credits. 
      · Preventive annotation due to impossibility of registration of titles. 
      · Preventive annotation in favor of the creditors of an inheritance
  4. Cadastral identification of the real estate.
    1. Cadastral code duly assigned to the property.
    2. Relationship with adjoining properties (to verify possible overlapping of properties).
    3. Confirmation of boundaries and area with reference
      to the Public Registry of Property and the Title presented.

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Ave. Herreros 1999
Col. Burocrata,
Mexicali, Mexico
(+52) 686 946 2416