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From YourSITE.com Real Estate
by John & Margaret Fleming Many Americans heap scorn on immigrants from Mexico, calling them wetbacks and other derogatory names. They deplore the fact that by being here these people are breaking the laws of the U.S. and the states in which they come to work. It is interesting to note that the same phenomenon is happening in reverse in Sonora. A number of Arizona real estate agents have been observed putting up signs, handing out cards, and holding open houses in Puerto Peņasco in an effort to sell real estate there. Unfortunately some Americans seem to be under the impression that because things are done differently in Mexico, there are no laws and they can operate with impunity in any commercial enterprise they choose. The agents mentioned above may not realize that they are in clear violation of several Mexican laws. Foreigners who intend to work in Mexico must obtain an immigration document called an FM3, which requires them to identify the Mexican corporation or business they will be working for. Hacienda, the Mexican counterpart of IRS, requires anyone working in Mexico to have a tax registration number and stamp. The state of Sonora, in 2002, passed a law requiring all persons selling real estate to register with the state. Licensing laws are being developed, and this is a first step toward that end. These agents are also in violation of Arizona real estate law, which directs agents not to practice outside their areas of expertise, because by so doing they are not properly representing their clients (Arizona Administrative Code, Section R4-28-1101-H). Moreover, they are violating professional ethics by trying to represent clients in a market in which they have no expertise; and in a culture, a language, and a legal system with which they are unfamiliar. They are probably increasing their brokers' legal liability by putting their brokerages at greater risk for errors and omissions. The Puerto Peņasco Association of Real Estate Agents is an organization of real estate professionals in Puerto Peņasco that has its own data base of properties for sale and operating policies and procedures for its members. The members are educating themselves through workshops, guest speakers, and seminars. Their goal is to promote the industry in Sonora as legal and ethical by complying with the laws, following the rules, and trying to do everything right. The organization welcomes the participation of any real estate agents who want to join us and would be happy to provide them with information about the organization and the procedure for becoming members. © Copyright 2001 by YourSITE.com |