Cesión de Derechos

Cesión de Derechos is a legal term commonly used in Mexican real estate transactions. It refers to the transfer of property rights from one person or entity to another. In this context, the term is often translated to English as an assignment of rights or a transfer of rights. It’s one way of taking over an existing fideicomiso rather than creating a new one. Your lawyer and agent in Mexico can help you with your specific needs.

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When a person purchases property in Mexico, they are required to obtain a legal document known as a escritura pública, which serves as proof of ownership. However, in some cases, the buyer may choose to transfer their ownership rights to another person or entity through a Cesión de Derechos.

The process of Cesión de Derechos involves a legal agreement between the buyer and the assignee, where the buyer transfers all of their property rights, such as ownership, possession, and use, to the assignee. The agreement must be formalized in writing and signed by both parties, and may also require the involvement of a notary public to certify the transfer of rights.

There are some potential risks associated with a Cesión de Derechos agreement. For example, if the buyer has not fully paid off the property, the assignee will assume the responsibility for any outstanding debts or liens. Additionally, if the seller was not the true owner of the property, the assignee may find themselves in legal disputes over ownership rights.

To mitigate these risks, it is recommended that both parties seek legal advice and conduct thorough due diligence before entering into a Cesión de Derechos agreement. This may include verifying the seller’s ownership rights and ensuring that all outstanding debts and liens are paid off before transferring property rights. Your real estate agent can help you with this. Contact us below with more questions, or to be connected to a local agent.

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  1. Mexico
  2. Quintana Roo
  3. Cancún
For Sale
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  1. Mexico
  2. Quintana Roo
  3. Cancún
For Sale
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  1. Mexico
  2. Quintana Roo
  3. Cancún
For Sale

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