Contrato Privado vs. Escritura Pública (Private Contract vs. Public Deed)kohn-TRAH-toh pree-VAH-doh vehr-soos es-kree-TOO-rah POO-blee-kah
Contrato privado vs. escritura pública in Mexico involves two distinct methods of property transfer as of November 2026. A contrato privado (private contract) is a signed agreement between buyer and seller that is not notarized, while an escritura pública (public deed) is a notarized deed prepared and authenticated by a notary public. Under Federal Civil Code Articles 2317 and 2320, properties valued above 365 times the daily general minimum wage in the Federal District (MXN 42,818 or USD 2,140 in 2026) must be transferred by escritura pública.
By Daniel Ortega · Last reviewed 9 November 2026
How it works
In Mexico, a private contract is legally valid between the parties who sign it, but it cannot be registered at the Registro Público de la Propiedad and does not protect the buyer against third-party claims, double sales or seller debts. Federal Civil Code Article 2317 permits private contracts only for properties valued at or below 365 times the daily general minimum wage in the Federal District—MXN 42,818 (about USD 2,140) as of February 2026—and the signatures must be ratified before a notary, judge or property registry. Article 2320 requires escritura pública for all transfers where the appraised value exceeds 365 times the daily general minimum wage in the Federal District. Only a notarized escritura pública, once registered, transfers full legal title and allows the buyer to mortgage, insure or resell the property. Foreign buyers in Quintana Roo purchasing coastal or tourist properties should always insist on escritura pública regardless of value, as lenders, title insurers and future buyers will not recognize a private contract alone.