Nader, Hayaux & Goebel’s real estate practice group is one of the firm’s biggest practice groups in terms of size and importance; real estate is a core practice area of the firm. Our real estate practice group was one of the first teams in Mexico to focus on real estate as an independent practice area more than 20 years ago; few other firms in Mexico can offer the same depth of experience and range of expertise.
The firm´s real estate practice group is renowned for its innovative and creative approach. The team is known for handling novel transactions, testing legal theories in the process, and for having the experience and expertise to devise new ways of acquiring and developing real estate. Our Real Estate Practice Group is highly diversified. Our work includes advising different parties in all types of transactions including:
- (i) financings of real estate projects,
- (ii) development, construction and marketing of mixed-use real estate, including office buildings, shopping centers, hotels, resorts, industrial, hospitality and residential projects;
- (iii) structuring and creating investment trusts, such as Fibras (the Mexican equivalent of US REITs);
- (iv) structuring and creating national and international investment funds both privately and publicly traded, including Real Estate CKDs (structured equity securities);
- (v) issuance of debentures and securitization of mortgage backed securities and rent roll;
- (vi) structuring and implementation of time-share and fractional ownership systems,
- (vii) acquisitions, sales and sale-lease backs,
- (viii) joint venturing,
- (ix) dispositions,
- (x) private and public offerings of securities representing a real estate interest,
- (xi) acquisitions of industrial and commercial properties and facilities through debt-to-equity conversions,
- (xii) environmental and zoning regulations,
- (xiii) tax advice for real estate projects and resorts, and
- (xiv) privatization process of ejido land to common private property.
Our clients include lenders, funds, developers, borrowers, landlords and tenants. We have also advised State and foreign governments.
Closely cooperating with specialists from our Banking & Finance practice group, our Real Estate group is a real market leader in real estate financing. We have handled many of the largest real estate financings in Mexico. Our real estate lawyers have the skills and expertise in representing both lenders and borrowers in acquisition loans, land development loans, bridge and permanent loans, and construction loans involving the development, purchase, sale or lease of residential, commercial, office and industrial properties as well as hotels and resorts, and mixed-use properties.
Nader, Hayaux y Goebel, SC, remains one of the strongest firms in the real estate arena. The large team of 22, which offers ‘promptness, knowledge and pro-business solutions without neglecting strict legal compliance’, covers a wide range real estate matters, including financing, and has vast experience in real estate fund formation, having previously developed work on REITs and CKDs. Legal500 Latin America, Real Estate – 2021
We have also worked closely with a number of governmental agencies to further changes in the legal framework for the real estate market, including :
- (i) the Ministry of Finance and Public Credit and the National Commission of Pension Savings (CONSAR) in connection with the creation of Real Estate Investment Trusts (REITs),
- (ii) the National Banking and Securities Commission with regard to the modernization of CKDs (i.e. private equity trust certificates for real estate investment placed in the Mexican Stock Exchange), and
- (iii) the Federal and State tax authorities to improve the tax treatment of conveyances of real estate to passive real estate trusts.
