BajaNomad

Release of Liability-New Real Estate

C-Urchin - 4-19-2011 at 09:53 AM

We are looking at buying a completely new house. Old one torn down, new one built last year. I want to make sure that all was done properly in regards to the owner having paid all his liabilities (which is standard here in the US and Canada)

I would like to have these:

Proof that all wages and social program expenses were paid to the workers past and present (seguro social, infonavit etc…)
A letter stating that all those expenses are your responsibility. (Release of liability)
Same goes for all construction materials.

Am I missing anything? Is it something that the notario should include in his closing package?

I would really appreciate any advice, I value experience.

As they say: "An ounce of prevention..."

longlegsinlapaz - 4-19-2011 at 10:27 AM

No, those items will NOT automatically be part of the normal/regular/common fideicomiso process. If you choose to make them part of the deal, it's your right to ask for those specific things. But I tend to believe the likelihood of getting all that (especially the construction materials) is slim.

The Segurio Social/INFONOVIT/ etc. is your best bet & IMO, the easiest, as well as being a very smart move since the current owner is liable if SS decides to audit that property.

The standard things that are an automatic part of the fideicomiso process is current (-30 days) proof of property taxes being paid in full & that there are no outstanding liens on the property. Any outstanding construction materials bills should/could have been addressed via the lien process & would have to be resolved prior to any sale moving forward. That casa has been on the market for at least 2 years, so I'd think that any outstanding debts would have surfaced by this time.

It's a beautiful place from the R/E ads I've seen.....ENJOY!!