The deposit is the first money that leaves your pocket in a purchase, and it’s the moment when it’s easiest to make an expensive mistake: paying for a property that looks good before you know whether the person selling it can actually sell it. In Tulum, a simple discipline pays off: verify first, reserve after. Here is how we do it, in the real order.
First: what type of property it is
Before looking at any paperwork, you need to know what you’re buying, because three very different situations coexist in the area:
- Private property: the land or unit has a deed registered in the seller’s name. This is the case that can be purchased through a trust (fideicomiso) or directly, depending on who is buying.
- Ejido or social property land: it belongs to an ejido. To be sold as private property, it must have gone through a formal change-of-regime process. A “contract of assignment of rights” is not the same thing and doesn’t give you the security of a deed.
- Condominium or development unit: the property is private, but there is also a master deed for the development, a condominium regime, and bylaws, all of which need to be reviewed as well.
If the seller offers “rights” instead of a deed, that is already the first sign to stop and ask questions.
Second: the deed and its registration
Ask for a copy of the deed and check three things:
- That the seller’s name matches the owner named in it. It sounds obvious, but it isn’t always so: sometimes a third party sells under a power of attorney, or a relative, or a company.
- That it is registered with the Public Registry of Property. A deed signed before a notary but not registered exists between the parties, not against third parties.
- That the description matches what you visit: surface area, boundaries, unit number. If the survey plan doesn’t match the land, that gets resolved before, not after.
If a legal entity is selling, also ask for the articles of incorporation and the power of attorney of the person signing, to confirm they have authority to sell and not just to manage.
Third: the certificate of freedom from liens
This is the document that says whether the property has mortgages, attachments or other registered encumbrances. It is issued by the Public Registry and it is the document that protects the buyer most. A property can be in the name of the person selling it and, at the same time, be pledged as collateral for a debt.
Here’s a practical rule: the certificate must be recent. One from a year ago doesn’t tell you what has happened since. Request a new one, in the property’s name, right before reserving or signing. How long it takes and how much it costs depends on the municipality and the moment, so ask the notary.
Fourth: payments up to date
A property inherits its debts. Ask for and review:
- Property tax (predial): up to date, with receipts for the last several years.
- Water and utilities: a certificate of no outstanding balance where applicable.
- Maintenance fees in condominiums: an account statement for the unit, so that no arrears appear when you take possession.
For each of these debts, if any exist, it should be clarified who pays them and when, and that should be put in writing in the contract.
Fifth: land use and what can be done with the property
A clean deed doesn’t guarantee that you can do what you want. If the plan is to rent by the night, build or expand, you need to confirm that the land use allows it and, in a condominium, that the bylaws don’t prohibit it. In a coastal area, you should also ask whether the property touches the federal maritime-terrestrial zone, which follows other rules and isn’t bought like ordinary land.
Sixth: you choose the notary
A recommendation we repeat often: the notary who reviews the transaction should be someone the buyer trusts, not just the one proposed by the seller or developer. They are the one who verifies the chain of title, calculates the taxes and signs the new deed. Their review is what gives validity to everything else, and skipping that consultation tends to be expensive.
Seventh: the deposit, now with backing
Only once the above has been reviewed do you reserve, and you do it with a clear contract, not a loose receipt. It should state:
- who the seller is and which property is being reserved, with its deed details;
- how much is paid and to whom, preferably into a notary’s or trust account and not a personal account;
- how long the property is held in reserve;
- what happens to the money if the verification turns up a problem: in a good contract, it is refunded.
That last line is what separates a serious deposit from one that is merely pressure to decide quickly.
The chain of title: where the deed comes from
Besides the current deed, it’s worth asking for the previous one, and the one before that, as far back as the notary recommends. What you’re looking for is a history without gaps: each sale signed by whoever was the owner at that time. On land that was once ejido land or was divided into lots, a poorly made link at the start of the chain can collapse years later, even if the latest deed looks perfect.
How long all this takes
With the seller cooperating and the documents at hand, the initial review is usually done in a few days; if new certificates need to be requested or a debt needs to be cleared up, it can take a couple of weeks. These are approximate timeframes and depend mostly on the speed of the Registry and the notary. The rule that never changes: no one should pressure you to reserve before that review is finished.
Signs to stop
- The seller doesn’t want to show the deed before the deposit.
- A price far below market is offered “this week only.”
- They ask for the money to be sent to a personal account.
- The property is sold by “rights” and not by deed.
- The seller and the person named in the deed don’t match and no one explains why.
Just one of these is enough to stop the process and ask questions. With two, the prudent move is not to continue.
If you already have a property in mind
If you’re about to reserve something in Tulum, write to us first: we’ll tell you which documents to request in your case and which signs to watch for, at no charge for that first consultation. It is far easier to review in time than to claim afterward.
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This article is for guidance only and does not replace the advice of a notary or an attorney in Mexico. Required documents, costs and timeframes vary by municipality, type of property and timing; always confirm them with the notary handling your transaction.
Versión en español: Cómo se verifica una escritura en Tulum antes de pagar el apartado · Versão em português: Como verificar a escritura em Tulum antes de pagar o sinal · Version française: Tulum : comment vérifier un titre de propriété avant l’acompte
