Litigation Archives - MEXLAW Mexican Law | International Standards Fri, 28 Feb 2025 17:31:28 +0000 en-CA hourly 1 https://wordpress.org/?v=6.6.2 https://mexlaw.com/wp-content/uploads/2018/10/cropped-MEXLAW-logo-sticky-blue-32x32.png Litigation Archives - MEXLAW 32 32 Mexican Attorneys Explain: What to Do After a Car Accident in Mexico https://mexlaw.com/mexican-attorneys-explain-what-to-do-after-a-car-accident-in-mexico/ Fri, 28 Feb 2025 17:03:26 +0000 https://mexlaw.com/?p=13560 Experiencing an accident in Mexico can be stressful, especially for foreigners unfamiliar with the country’s legal system. Whether you are involved in a car accident, a slip and fall, or a workplace injury, knowing the correct steps to take can protect your rights and financial security.

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Introduction: Why Knowing the Right Steps Matters

 

Experiencing an accident in Mexico can be stressful, especially for foreigners unfamiliar with the country’s legal system. Whether you are involved in a car accident, a slip and fall, or a workplace injury, knowing the correct steps to take can protect your rights and financial security. Mexico’s legal system operates differently from those in the U.S. and Canada, and failing to follow the proper procedures can lead to complications.

Consulting a Mexican attorney specializing in personal injury law and litigation ensures that you receive the right legal guidance and compensation for damages or injuries.

Immediate Steps to Take After an Auto Accident

 

1.Ensure Safety First

  • Check for injuries and seek medical assistance if necessary.
  • Move to a safe location if possible, but do not leave the accident scene.

2.Call the Authorities

  • Dial 911 for emergency services, including police, medical assistance, or firefighters.
  • If involved in a traffic accident, wait for Transito (traffic police) to assess the situation.
  • In more severe cases, federal authorities may be involved if the accident occurred on federal highways or if the guardia nacional is on the site.

3.Do Not Admit Fault

  • Even if you think you might be responsible, avoid making statements that could be used against you legally.
  • Allow authorities to determine fault based on Mexican traffic and liability laws.

4.Gather Evidence

  • Take photos of the accident scene, damages, and any visible injuries.
  • Collect witness information, including names and contact details.
  • Obtain the other party’s insurance details, license plate number, and driver’s license.
  • Request a copy of the police report, as this will be critical for legal and insurance claims.

5.Contact Your Insurance Provider

  • Mexican law requires car insurance policies issued in Mexico—foreign policies may not cover damages.
  • If the other driver is uninsured, legal action may be necessary to recover damages.

 

Understanding Mexico’s Legal Process after an Accident

1.The Role of Mexican Police in Traffic and Personal Injury Cases

  • If an accident results in significant damage or injuries, you may need to visit the Ministerio Público (Public Ministry Office).
  • Authorities will investigate and determine if charges or claims should be filed.
  • In some cases, you may be detained while fault is determined.

2.How Fault Is Determined Under Mexican Law

  • Mexico operates under comparative negligence, meaning both parties may share responsibility.
  • If fault is disputed, an attorney can help present evidence and argue liability in court.

3.When to Seek Legal Assistance

  • If there are injuries, damages, or legal disputes, hiring a Mexican attorney is highly recommended.
  • Legal professionals can negotiate with insurance companies, represent you in court, and file injury claims.

 

What to Do If You Are Injured in an Accident

1.Seeking Medical Treatment in Mexico

  • Private hospitals provide faster treatment, but services may need upfront payment.
  • Public hospitals offer free or low-cost emergency care but may have longer wait times.

2.Filing a Personal Injury Claim

3.Can You Sue for Damages in Mexico?

  • Yes, if you were injured due to another party’s negligence, you can start legal proceedings or legal action.
  • Settlements are common and may be a quicker way to receive compensation.
  • An experienced lawyer can determine whether litigation or settlement is the best course of action.

 

Special Considerations for Foreigners

1.What Happens If You Don’t Speak Spanish?

2.What If You Are a Tourist or Temporary Resident?

  • Legal procedures differ for visitors vs. permanent residents.
  • If any legal process is pending, the client should have a domicile or representative in Mexico.

3.Dealing with Rental Car Accidents

  • If you crash a rental car, notify the rental company and follow insurance claim procedures.
  • Most rental companies require Mexican liability insurance, so ensure coverage before renting.

 

How MexLaw Can Help You After an Accident

  • MexLaw’s experienced attorneys specialize in personal injury claims, insurance disputes, litigation and other accident-related legal matters.
  • We provide multilingual legal services, ensuring that foreign clients understand every aspect of their case.
  • Our legal team works to secure fair compensation for medical expenses, lost wages, and damages.

 

Conclusion: Be Prepared & Know Your Rights

  • Following the correct legal steps after an accident can prevent complications and protect your financial interests.
  • Consulting a Mexican attorney can help you navigate legal challenges and secure rightful compensation.
  • Need legal assistance? Contact MexLaw today for a consultation.

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]]> Judicial Reform: A New Opportunity for Investors Through Commercial Arbitration https://mexlaw.com/judicial-reform-a-new-opportunity-for-investors-through-commercial-arbitration/ Mon, 07 Oct 2024 15:31:35 +0000 https://mexlaw.com/?p=13367 Within the framework of the recent judicial reform presented in February 2024, Mexico’s legal system faces profound changes. Among the most notable are the reduction of the number of Supreme Court Justices (SCJN) from 12 to 9, the shortening of their term in office to 12 years, and the elimination of the two Chambers of the SCJN, concentrating all decisions in plenary sessions.

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Within the framework of the recent judicial reform presented in February 2024, Mexico’s legal system faces profound changes. Among the most notable are the reduction of the number of Supreme Court Justices (SCJN) from 12 to 9, the shortening of their term in office to 12 years, and the elimination of the two Chambers of the SCJN, concentrating all decisions in plenary sessions. This restructuring centralizes decision-making and could generate uncertainty, not only for those seeking justice but also for national and foreign investors.

However, part of the reform involves the establishment of a Judicial Disciplinary Tribunal and an administrative body to oversee the judicial system. These new entities are designed to monitor the conduct of judges and magistrates, with the primary goal of combating corruption and ensuring accountability. Judges and magistrates will be elected by popular vote. Considering these changes, it’s important to recognize that the adaptation period may be significant. That’s why our team of expert lawyers is staying ahead by training and preparing to meet the demands of this reform.

1.2 A Judicial System Under Pressure: Implications for Justice

The initiative aims to streamline processes by imposing a six-month deadline for resolving judicial disputes. If a case is not resolved within that period, it will be referred to the Disciplinary Tribunal, which will work to expedite the proceedings and accelerate the resolution process. This underscores the importance of having a well prepared legal team from the outset, capable of presenting a strong case backed by solid, irrefutable evidence to support the client.

Commercial Arbitration as an Alternative to Judicial Reform

In this new landscape, commercial arbitration emerges as a reliable and effective alternative for resolving commercial disputes. Arbitration offers significant advantages compared to the reformed judicial system, such as the independence and neutrality of arbitrators, efficiency, and specialization in resolving disputes, the confidentiality of the process, and flexibility in procedures. Furthermore, the international enforceability of arbitral awards, supported by treaties like the New York Convention, ensures that arbitral decisions are recognized and enforced in multiple jurisdictions, providing a secure solution for foreign investors.

For arbitration to be effective, it must be clearly outlined in the contracts, which is why it is essential to consult with our lawyers before investing and considering arbitration as a method for dispute resolution.

2.1 Arbitration in Mexico

In Mexico, arbitration can be pursued on an ad hoc basis or through recognized institutions such as the International Chamber of Commerce or the Mexican Arbitration Center. These institutions provide a solid framework and have expert arbitrators, both national and international, capable of handling complex commercial disputes.

Mexlaw’s Role in the Arbitration Process

In this context, Mexlaw and its team of arbitration experts position themselves as key players in guiding investors through this process. Mexlaw’s experience in international commercial arbitration ensures that clients receive strong and strategic representation, with each case handled with technical precision and a deep understanding of the legal context. Having expert lawyers is essential for arbitration to deliver all its promised benefits, avoiding costly mistakes and ensuring a fair and equitable resolution.

Conclusion: Arbitration, the Safe Path for Your Investments

In times of change, certainty and security are key. Commercial arbitration not only offers an independent, flexible, and confidential process but also ensures that your interests are protected quickly and efficiently. By choosing arbitration, you ensure that experts with real experience in the field guide your decisions and resolve your disputes without the complications of the traditional judicial system. Trust Mexlaw to navigate this process, protecting your investments with the legal support you need.

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]]> Breach of contract: The risks of not having a detailed construction contract in Mexico https://mexlaw.com/breach-of-contract-the-risks-of-not-having-a-detailed-construction-contract-in-mexico/ https://mexlaw.com/breach-of-contract-the-risks-of-not-having-a-detailed-construction-contract-in-mexico/#respond Fri, 12 Aug 2022 15:21:04 +0000 https://mexlaw.com/?p=12491 Breach of contract in construction work can occur in Mexico and the most common occurrence is when the contractor does not finish the work as per the contract specifications.

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Breach of contract in construction work can occur in Mexico and the most common occurrence is when the contractor does not finish the work as per the contract specifications. Additionally, there is a breach of contract when there are defects or poor quality when the work is completed.

Two different situations can occur here:

  • A construction contract exists but is rather vague, not adequately describing timelines, quality, materials and finishings. The challenge would be to prove a breach of contract regarding the finishings as promised.
  • A construction contract does not exist. Typically, there is a verbal agreement with an informal budget and payments made directly and/or in cash.

In both cases, it is critical to involve an inspector as they can establish the amounts of money the client should receive through refunds, compensations and different types of damages.

When attempting to prove breach of contract, the claimant must present:

  • The existence of a contractual relation and the terms agreed upon.
  • The identity of the property, in other words the object of the dispute.
  • The breach of the contracted terms.
  • The economic damages suffered by the claimant.

In the case of defects and hidden problems the following must be proven:

  • The execution by the claimant of the defective work.
  • The identity of the property, in other words the object of the dispute.
  • The nature, origin and cost of the defects found in the property.
  • The economic damage suffered by the claimant.

An inspector’s findings are fundamental for establishing the cause of the dispute. The inspector must be very detailed about the deficiencies and observations regarding the specifications and finishings of the work with relation to what was agreed upon by both parties, the estimated budget for calculating the cost of the repairs or corrections, as well as adding photographic evidence.

Before embarking on a construction project in Mexico, it is critical you consult a lawyer who specializes in Mexican real estate law. If you are going through a breach of contract situation, you can depend on the support of Mexlaw’s specialized litigation team in Mexico, where you can rest assured our bilingual Mexlaw lawyers will seek a satisfactory solution for your case.

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]]> https://mexlaw.com/breach-of-contract-the-risks-of-not-having-a-detailed-construction-contract-in-mexico/feed/ 0 Breach of Contract in Mexican Real Estate Transactions: Preparing for Litigation https://mexlaw.com/breach-of-contract-in-mexican-real-estate-transactions-preparing-for-litigation/ https://mexlaw.com/breach-of-contract-in-mexican-real-estate-transactions-preparing-for-litigation/#respond Thu, 09 Jun 2022 22:00:20 +0000 https://mexlaw.com/?p=12307 Real estate in Mexico’s tourist areas is a popular investment option for foreigners. Demand for investment properties has been met with a significant increase in new development. However, there are several risks to consider when investing in a property that is still under construction.

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Real estate in Mexico’s tourist areas is a popular investment option for foreigners. Demand for investment properties has been met with a significant increase in new development. However, there are several risks to consider when investing in a property that is still under construction.

Impact of COVID-19 on Real Estate Contracts

The COVID-19 pandemic significantly impacted the real estate industry and their ability to deliver new construction on time. Additionally, many buyers found it difficult to meet their financial obligations due to their own financial challenges caused by the global pandemic. The impact to both parties generated an increase in breach of contract disputes.

While the law provides for unforeseen circumstances (force majeure), the challenge has been that  one party may arbitrarily invoke  an external agent (such as COVID-19) in the category that suits them best, thus allowing them to obtain a financial advantage. It should be noted however that the construction industry was classified as an essential activity in Mexico during the pandemic, so construction was only affected for a few months by government decree.  However, several construction companies and real estate developers took advantage of the pandemic to slow down work on their projects to have more time to follow up on their legal requirements required to transfer units to buyers.

What Can Be Done?

Construction Progress & Contract Review

First, verify the progress of the construction with the developer and review the contract with a lawyer to determine how unforeseen circumstances are addressed. Unsurprisingly, some companies are beginning to consider pandemics in their contracts so as not to be caught off-guard in the future.

Remember, both parties must be in compliance with the contract. If construction delays are not within the dates of compliance, the buyer must nevertheless be up to date with their contractual obligations (payments, requested documentation, permits including the bank trust, government permits, and notary offices). One party cannot be held in breach if the other party has not met their obligations.

Breach of Contract – Seller

If the seller is in breach of their obligations, the ideal resolution would be to reach an out-of-court agreement designed by a lawyer, one in which both parties benefit and avoid damaging their professional relationship. For example, the defaulting party could offer a bonus or discount, to compensate for its default, and continue maintaining a healthy relationship. Remember, this agreement must be in writing to be legally enforceable.

If an agreement cannot be reached, and the seller refuses to acknowledge its breach of contract, a lawsuit can be filed to enforce or terminate the contract.

Documents Required for Litigation

To prepare for litigation, you will need to provide your lawyer with the original contract of sale or promise of trust, and payment receipts and/or proof of transfers made to the seller’s account.  You should also provide a Power of Attorney to your lawyer allowing them to file your lawsuit and collect other documents they consider as valuable evidence for the case.

MexLaw’s legal team has the experience to ensure your contract is executed as agreed. In fact, demand for our services on this subject has inspired us to create a team of lawyers focusing exclusive on these matters. Please contact us for a no-obligation consultation and immediate assistance with any real estate transactions, including breach of contract.

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]]> https://mexlaw.com/breach-of-contract-in-mexican-real-estate-transactions-preparing-for-litigation/feed/ 0 The importance of having legal counseling for real estate transaction in Mexico https://mexlaw.com/the-importance-of-having-legal-counseling-for-real-estate-transaction-in-mexico-2/ https://mexlaw.com/the-importance-of-having-legal-counseling-for-real-estate-transaction-in-mexico-2/#respond Fri, 21 Jan 2022 20:59:18 +0000 https://mexlaw.com/?p=12232 As a legal firm specializing in Mexican real estate, we have witnessed countless cases where clients, in the absence of good legal counsel when drawing up a contract, are affected by situations related mainly to breach of contract or clauses of little benefit to one of the parties. On this occasion we will analyze a particular case where the plaintiff has made a promissory purchase in which use of arbitrations was included, with rules agreed upon by both parties, but without the right to request legal intervention. The controversy is very “square” since in this type of obligation, such as...

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]]> As a legal firm specializing in Mexican real estate, we have witnessed countless cases where clients, in the absence of good legal counsel when drawing up a contract, are affected by situations related mainly to breach of contract or clauses of little benefit to one of the parties.

On this occasion we will analyze a particular case where the plaintiff has made a promissory purchase in which use of arbitrations was included, with rules agreed upon by both parties, but without the right to request legal intervention.

The controversy is very “square” since in this type of obligation, such as a promissory purchase agreement, there are only two reciprocal obligations, one from the seller to hand over the property under the agreed terms, and the other from the buyer, who must pay the agreed price. A study of the case and the defendant’s conduct clearly showed malicious intent on the part of the seller by including this clause to prevent the other party from taking legal action in court.

The main purpose of arbitration is for the parties to agree on how they will solve any dispute. Therefore, the arbitration agreement or clause should be clearly defined by both parties, otherwise they will have to conduct the arbitration under international rules.

Another common obstacle in these malicious arbitration clauses, is how to use mediation before resorting to arbitration, serving notice to the defendant, and replying to or settling the case within 30 days. If a settlement is not reached or the defendant does not respond to mediation, a solution will be sought through arbitration. At this stage, if the opposing party refuses to name a mediator, legal action can be obtained so the judge can name one to join the arbitration tribunal.

Once the arbitration tribunal has been set up the defendant will be subpoenaed, and evidence will be presented so the tribunal can make its judgement. The parties involved will have 45 days to hand in the lawsuit and the corresponding answer.

A favorable solution is usually reached in this kind of dispute in Mexico, as long as the contractual relationship, payment by the purchaser and breach of contract by the defendant are proven.

This is one example of why appropriate counseling can avoid us from having this kind of dispute. At MexLaw our team of Mexican lawyers will provide you with a professional and effective service to ensure your transaction is executed as agreed. If you find yourself in a breach of contract situation or find execution clauses that are harmful to your agreement, our legal team can help you settle this kind of dispute in a professional and trustworthy manner, as well as help you with legal services in Mexico in general.

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]]> https://mexlaw.com/the-importance-of-having-legal-counseling-for-real-estate-transaction-in-mexico-2/feed/ 0 10 Precautions to Consider Before Buying a Timeshare in Mexico https://mexlaw.com/10-precautions-consider-buying-timeshare-mexico/ https://mexlaw.com/10-precautions-consider-buying-timeshare-mexico/#respond Tue, 24 Jan 2017 17:49:56 +0000 http://mexlaw.ca/?p=4354 Many travelers prefer to vacation in a spot they have become familiar with, returning to the same town or resort year after year. They love knowing their way around and returning to their favorite restaurants and beaches, making friends in the area and enjoy seeing familiar faces; these aspects make timeshares an excellent way to vacation. If you are considering a timeshare purchase in Mexico, it is important that you protect yourself, we have gathered ten tips to help prevent a timeshare scam.

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]]> Many travelers prefer to vacation in a spot they have become familiar with, returning to the same town or resort year after year. They love knowing their way around and returning to their favorite restaurants and beaches, making friends in the area and enjoy seeing familiar faces; these aspects make timeshares an excellent way to vacation. If you are considering a timeshare purchase in Mexico, it is important that you protect yourself, we have gathered ten tips to help prevent a timeshare scam.

  1. Stay at the property you are considering, do not rely on videos or brochures.
  2. Realize that a timeshare should not be considered an investment, you are buying the right to use the property. The resale value is likely to decline over time.
  3. Nothing in this world is for free, and if it sounds too good to be true, it is. Do not accept the salespeople’s gifts and offers if you are not genuinely interested in purchasing a timeshare.
  4. Do not sign anything under pressure, making impulsive decisions will only lead to regret, take the time to review the contract with an attorney, walk away if the salesperson claims the contract must be signed on the spot.
  5. Get it in writing, all the financial obligations of the timeshare, including maintenance fees and assessments. Ensure the benefits plus any promises the salesperson has made are included in the contract.
  6. Verify that the contract has an official registration number issued by the Federal Consumer Protection Agency.
  7. Research the company to confirm the business is legitimate and find out if there are any complaints reported against the company.
  8. If the timeshare development is under construction, make sure your deposit is kept in a legal, insured escrow account.
  9. Understand that a timeshare by any other name it is still a timeshare:
    • Vacation Ownership
    • Fractional Ownership
    • Vacation Club
    • Fixed Week Ownership
    • Points Program
    • Vacation Program
  10. Know your rights; there is a five-day grace period to cancel a timeshare contract. The salesperson may have convinced you to sign off on your right in exchange for a bonus gift. Regardless you still have the right to cancel; we recommend contacting a Litigation law firm in Mexico if you feel you have been a victim of a scam.

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