Experts in commercial and civil law
Whether living in Mexico as a worker or a retiree, or traveling to the country to open a business, foreigners and companies always need to feel protected stepping on Mexican soil. At our law firm, LORAD focuses on easing your worries, and our main goal is to help make your residency in Mexico, temporary or permanent, a good one.
Our bilingual international attorneys focus on real estate acquisition, business consulting, Copyright, and intellectual property. From the initial steps of any process to contract creation and any obligation linked to those contracts, we are here for our clients.
Understanding the legal system in Mexico
Even though Mexico and the United States share a very close history (some states of the United States were once a part of Mexico, like, for example, Texas, Utah, or California), their legal systems are very different. As a matter of fact, the origins of the Mexican legal system are based on the Roman, Greek, and French legal systems, and its commercial law drew heavily on law from Italy.
So, in that sense, Mexico is closer to Europe than the United States. One of the biggest differences is that the United States common law is considered civil law in Mexico.
Civil law in Mexico
Mexican Civil Law is statutorily based, this means that cases are individually analyzed by looking at the law. In other countries like the United States, case laws do not have precedential value. There is no principle or rule established in a past case that is relevant to the court that they can decide on subsequent cases.
Civil litigation cases in Mexico can be anything from marriage, and changes in legal names to real estate acquisitions. Our law firm can help you review and check any type of civil contract that may arise from any civil action. For example, imagine you are coming to Mexico on a legal resident permanent visa and want to buy a house. This transaction would be a civil one in Mexico, as you're acquiring a house through a real estate sales contract.
At Lorad, we've assisted numerous foreigners in purchasing real estate in Mexico. We're proud to share that many American and Canadian citizens who reached out to us are now homeowners in Mexico, earning a steady income with their long-term rentals of real estate we've helped acquire in Lorad. They're enjoying their retirement or starting new lives in our country.
Timeshare contracts in Mexico
Exploring real estate in the Riviera Maya often involves engaging timeshare contracts, enticing tourists with incredible seaside experiences in Cancun, Playa del Carmen, or Tulum. But, a blissful getaway can lead to signing contracts promising similar experiences for decades, resulting in unexpected financial burdens.
Mexican law offers a "cooling off" period, allowing reconsideration before finalizing the deal. However, this period varies by state, ranging from days to weeks. Consulting an expert attorney before signing, especially abroad, is crucial. At Lorad, we've assisted numerous tourists in reviewing contracts before commitment.
If you've already signed, our bilingual lawyers can review it afterward, focusing on key factors, including the grace period expiration. Cancellation terms in such contracts are complex, often requiring legal scrutiny due to the artful tactics employed by these resorts.
Can I cancel a timeshare contract?
Cancellation becomes more challenging after the grace period. In Mexico, consumer protection falls under PROFECO (Procuraduría Federal del Consumidor), established in 1976. Mexican timeshare operations register with PROFECO, housing all resort contracts.
When outside the grace period, consulting with PROFECO becomes essential. Resolutions might include refunding money for abusive contracts or terminating ongoing payments. Each case varies, necessitating expert handling. Lorad specializes in terminating timeshare contracts and guiding clients throughout the process.
Thinking about owning a timeshare in Cancun or Playa del Carmen? Contact us before committing. Our expertise ensures informed decisions, safeguarding your interests.
Frequently Answered Questions
The Mexican Constitution of 1917, which is still in use today, grants the following rights to foreigners in Mexican territory:
- Right to nationality
- Right to free transit
- Right to judicial security and a lawful procedure
- Right to consular assistance
- Right to no discrimination
- Right to asylum
- Right to be recognized as a refugee
- Right to protect the family as a unit
- Right to human dignity
- Right not to be criminalized
- Right to a decent home
- Right not to uncommunicated
- Right to a translator