Baja Property Insider · Selling · Stage Worksheet

A problem has come up

Last reviewed September 2026 · bajapropertyinsider.com

Something has stalled or gone wrong — a disputed boundary, a lien, a buyer who stopped performing, a document that will not clear. The first job is to establish the facts before anyone takes a position.

What usually happens next

1. 01 — Write down what happened, in order, with dates and documents.

   A simple timeline — what was agreed, what was paid, what was delivered, when it went wrong — is the single most useful thing you can bring to any professional. It turns a frustrating story into a case someone can assess, and it often reveals where the problem actually started.

2. 02 — Confirm what the signed agreement actually obliges each side to do.

   Read the contract before the argument. Most disputes narrow quickly once both sides' written obligations are on the table — deadlines, conditions, remedies. What people remember agreeing to and what the Spanish text says are frequently different, and the text governs.

3. 03 — Find out whether the obstacle is administrative, financial, or legal — they are fixed differently.

   A missing certificate is administrative and usually just takes time and the right office. An unpaid debt is financial and has a number attached. A disputed right is legal and needs counsel. Misdiagnosing which one you have is how small problems become expensive ones.

4. 04 — Get independent advice before you sign anything intended to resolve it.

   Releases, amendments and settlement offers are drafted by the other side's advisers to end the problem on their terms. Have someone answerable only to you read anything before you sign it — this is exactly what independent counsel is for, and one review is far cheaper than a signed mistake.

What to watch for

• Signing an amendment or release to make the problem go away quickly.
• Relying on the other side's professional to tell you where you stand.
• Letting a deadline expire while the problem is being discussed informally.

Papers and people

• Who is involved: Attorney · Notario · Public Registry · Municipality
• Documents that show up: Contract and amendments · Correspondence · Registry records · Payment records

Notes

Gerardo Sánchez Aramburu

Independent Attorney Partner

Some steps on this sheet are judgment calls, not paperwork. When one of them turns out to matter for your transaction, an independent Mexican attorney is the right next reader — someone answerable to you, not to the deal. Gerardo works directly with foreign buyers and owners in Baja California Sur, in private 30-minute consultations.

Book directly: bajapropertyinsider.com/legal-guidance

Sources and last reviewed

Last reviewed September 2026. Laws, rates, and municipal requirements change. Treat this page as a starting point and confirm anything you intend to rely on with your notario or an independent Mexican attorney.

• Ley del Notariado para el Estado de Baja California Sur — Defines what a notario must verify, certify, calculate, and file for a property transfer.
• Ley del Impuesto Sobre la Renta (SAT) — Seller-side income tax on a property sale, and the residency-based exemptions.
• Seller's guide to trusts, eSales International — Assignment of rights versus a new trust, and what the bank asks a seller for. (https://esalesinternational.com/2026/05/08/understanding-the-fideicomiso-a-sellers-guide-to-trusts/)

A finished checklist is a well-prepared file, not a verified transaction. Baja Property Insider — bajapropertyinsider.com