When an Independent Attorney Matters in a Baja Purchase

A real estate agent is paid by the transaction. The escrow company is a neutral custodian. The notario is a neutral state officer. None of them is the buyer's advocate.

When independent counsel is most valuable

• **Reviewing the promesa de compraventa** before earnest money is wired.
• **Reviewing the fideicomiso contract** before signing with the trustee bank.
• **Pre-construction and developer purchases**, where contracts are drafted entirely in the developer's favor.
• **Properties with title or chain-of-title irregularities**, ejido history, or boundary uncertainty.
• **Cross-border estate concerns**, such as naming substitute beneficiaries on the trust.
• **Disputes**, of course — but most can be prevented earlier.

What to ask the attorney up front

• Are you independent of the seller, the agent, the developer, and the trustee bank?
• Will you review the promesa, the trust, and the escritura?
• What is your written fee structure, and is it flat or hourly?

The cost of independent review is almost always small compared to the cost of a problem that surfaces after closing.

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