Wednesday, February 23, 2011

What makes a Mexico real estate contract legal and binding?

An Agreement is defined by Mexican Legislation and the Mexico law as a voluntary pact to create, transfer, modify and/or extinguish rights or obligations; furthermore The Federal Mexican Civil Code and legal doctrine establishes that an agreement is binding when the following elements are met:
Existence Items.- These are the most primitive and essential elements which any legal Mexico real estate contract or agreement must be provided with:
a) Consensus.- The express or tacit will of  the parties to execute an agreement;
b) Object.- The agreement’s goal must be determined or determinable from a physical and legal point of view (i.e. transmission of rights and obligations, to grant, to refrain from doing, to do).