Notarial Preventive Notice (Aviso Preventivo): What It Is and How Long It Lasts

A notarial preventive notice (aviso preventivo notarial) is a request that the notary public (notario público) files with the Registro Público de la Propiedad to temporarily "freeze" a property while the corresponding deed of sale (escritura de compraventa) is being drafted and signed. Its purpose is to prevent the seller from registering another transaction against the same property during that preparation period, such as a second sale, an attachment (embargo), or an additional mortgage. It is a standard safeguard in any notarized transaction in Mexico and usually has a limited validity period, after which the final deed must be registered to keep the legal protection in place.

How it works in a property sale

When the buyer and seller go to the notary public to start the process, the notary files the preventive notice with the Registro Público office that covers the property in question. From that moment on, anyone who checks the property's folio real (its registry record) will see a note indicating that a transaction is in progress, which discourages or blocks attempts to register another transaction against the same property while the process is completed. The notice's validity period is set by each state's legislation — usually a few weeks — and if the final deed is not registered within that window, the protection may lapse and the notice would have to be filed again with the same registry.

Benefits for the buyer

This filing offers several concrete advantages during the sale process, especially when there is a considerable gap between signing the purchase agreement (contrato de compraventa) and the final formalization of the deed before the notary:

• Prevents double sales of the same property while the deed is being signed
• Provides temporary legal certainty while the notarial process is completed
• Is requested directly by the notary, with no extra steps for the buyer
• Shows up in the folio real, visible to banks and third parties
• Reduces the risk that the seller uses the property as collateral for another loan

What happens if it expires before the deed is signed

If the preventive notice's term runs out before the final deed is registered, the legal protection is lost and the property is, in theory, once again open to the seller attempting to register another transaction against it. In practice this is uncommon when both parties act in good faith, but it can happen in transactions delayed by pending tax procedures, incomplete seller documentation, or problems found in the certificate of freedom from liens (certificado de libertad de gravamen). If the process is dragging on, it's worth asking the notary directly whether the preventive notice needs to be renewed so you don't lose protection while outstanding issues are resolved.

Frequently asked questions

Who pays for the notarial preventive notice?

It is generally part of the notarial fees the buyer covers within the closing-cost package (gastos de escrituración), although this can vary depending on what the parties agree to.

How long does the preventive notice's protection last?

It varies by state, but it usually lasts around a few weeks. If the final deed is not registered within that period, the notary may need to renew it or repeat the filing.

Does the preventive notice guarantee that the sale will go through?

It does not guarantee that the transaction will be completed, but it does temporarily protect the property from parallel sales or liens while both parties finish the notarial process.