Most retirees who live in Mexico will eventually need legal advice on how to proceed according to Mexican law and customs. It can be for something as mundane as getting an FM3 resident permit to something as complicated as the purchase of a home, investment opportunity or a traffic accident.
Unfortunately, in many cases we wait until after the problem arises to try to get legal help, and I mean help, not advice. Advice you can get from a friend or your preacher. Legal advice on Mexican matters should come only from a licensed Mexican attorney, who speaks English so there is no misunderstanding of what is being said. Do not confuse the titles. "Abogado" is the term for Attorney at Law, meaning he/she went to a Mexican University, graduated, took the equivalent of the bar examination and is duly licensed to practice law in the State of Jalisco, and therefore in the Republic of Mexico. Some people offer limited legal assistance in such matters as immigration, and have the title of "Licenciado" which is a claim of having attended college. All they do is fill out paperwork, take it to Guadalajara, and save you the hassle of having to wait in line for a day. These licenciados cannot give legal advice, appear in front of a judge, or represent you in any legal matter.
Every retiree should have a Mexican attorney at law to avoid possible complications in the future. It's like insurance. Don't wait until you need it to buy it. Following are some of the things you need to know about living in Mexico.
If you have a fender bender on the carretera, who is the first person you call? Why? If your car is stolen, whom do you report it to, which police department? What is an "Amparo"? If someone robs you, whom do you call, and when the police show up, what do you say, assuming of course you speak Spanish?
Who can drive your foreign-plated car and under what conditions?
What are your rights as a consumer when you buy a defective product?
What are your rights and obligations in dealing with servants and gardeners?
If you own property in Mexico, a car, a bank account, furniture, anything you wish to pass on to your children up north, or to a local charity, you need a Mexican will that stipulates that. The will you filed back in the north, in English/Français, is OK for what you left in the U.S. or Canada, but here, the legal language is Spanish, and the filing of the will must be in a Mexican court, otherwise, you will be putting your heirs through a difficult process, where the lawyers, U.S./Canadian and Mexican, will probably wind up with the bulk of your estate, unless of course you are filthy rich.
If you are going to buy a house, in order for the transaction to be legally binding on both parties, the contracts, deeds, and titles have to be in Spanish. Unless you graduated from the University of Guadalajara Law School, who is going to make sure you are not signing away your rights or your warrantees as a buyer? Are you willing to let the seller's attorney tell you: "It's Ok, just sign the papers"? The same goes for building a house.
If you are going to invest capital in Mexico, read the fine print first, better yet, have your attorney read it and tell you what your risks are. Have your attorney investigate the company or person who is making the offer. If the person is selling securities such as Certificates of Deposit in offshore banks, is that person licensed as a broker. Does the bank have an actual building, a charter, and how long has that bank been in existence? Is there any depositor insurance? What banking regulations is the bank subject to? If the bank president decides to run away to Tahiti with your money, what recourse do you have? Know a good lawyer in Tonga?
This is not meant to scare you back to the frozen tundra. It is just common sense. When we are back home, we all tend to be cautious, skeptical and even leery. But when we go abroad, all of a sudden, we lower our defenses, and we want to trust everyone. We invite a lot of those miseries upon ourselves because we do things we would never do back home. So just get a lawyer. Most will not charge you for the get-acquainted first visit, but will be glad to give you the basic do's and don'ts free of charge. It will give you peace of mind that if anything serious befalls you, you know whom to call.
