Real Estate

Our experts are recognized as key players in the area of real-estate law and for helping our clients in Mexico and the rest of Latin America to carry out complex operations

SMPS Legal’s attorneys have extensive experience of representing developers, creditors and investors in all types of real-estate and asset transactions, including purchases, leasing agreements, funding, development, construction, and liens on-real estate assets such as offices, retail outlets, malls, manufacturing industries, mines, residential and multi-purpose properties, and hospitality establishments.

Our advice within the sector incorporates the following services:

The services offered by SMPS Legal include the carrying out of audits and the provision of support in regulatory, tax and environmental matters, as well as the structuring of real-estate projects based on all types of modalities, including Real Estate Investment Trusts (In Spanish: “FIBRAs” or Fideicomisos Inmobiliarios de Bienes Raíces).

At SMPS we have experience in the industrial sector, for the purchase, sale or lease of real estate, including the contracting of conditions for the construction of warehouses or manufacturing plants. We have advised clients in leasing real estate under gross leases (“Gross Leases” or Full Service”) or net leases (either Single Net, Double Net or Triple Net) or modified leases. In addition, we conduct real estate audits to confirm chains of title, the veracity of deeded and actual surfaces, feasibilities and permits for energy and water,
including well concessions and land use licenses, as well as the disaffirmation of ejido land or special land tenure regimes.

“It is a pleasure to work with the SMPS Legal team; they are efficient and provide us with
very personalized services, in addition to meeting very important deadlines.”
Chambers & Partners

Highlights

Advised Mexplorer Capital, as settlor of the trust acting as borrower, in connection with a syndicated mezzanine loan agreement for approximately USD$140.0 million entered into with Banco Santander as Agent, for the development of a real estate project in Mexico City.

We advised Fortem Capital on underlying real estate projects. Fortem Capital issued a USD$250.0 million CKD programme to be invested in real estate for the development of commercial, residential, industrial and hospitality projects.

Represented AWA Holdings in connection with the formation of a USD$100 million private equity fund to make and hold investments in various companies incorporated under the laws of Mexico, Spain and other jurisdictions.

We advised Bocel Private Equity in the fundraising for its first fund of approximately USD$100.0 million, participating in the design of the private equity fund, the drafting of all legal documents and the negotiation with the lead investors.

Advised Locfund in connection with three asset-backed loans granted in favour of Mexican SOFOMS Sofipa, Avanza Sólido and Sociedad Financiera Equípate.

Advised Nexxus Capital, a Mexican private equity fund, on its investment in TransNetwork Corporation, a domestic and cross-border B2B electronic payment and processing platform.

Advised Capital Indigo, a private equity fund with a significant presence in Mexico, in connection with several capital calls for more than USD$50.0 million under its issuance of trust development certificates “INDCK 18” for approximately USD$90.0 million ($1,670 million pesos).

We advised Cimbra Capital in connection with a bank financing issued by Banco Santander for USD$9.4 million, which will be used for the development of a residential real estate project in the city of Tijuana, for a 110-unit apartment building. This financing is secured by a pledge on the fiduciary rights corresponding to the land on which the real estate project will be developed.

We advised Inmueble Efectivo on the structuring of a joint venture with Crédito Real, a top 5 consumer lending player, to establish a mortgage lending programme, providing simple and fast lending and disbursement processes.

Advised Nexxus Capital on a USD$30.0 million investment in Immunotec Inc, a Canadian company that develops, manufactures and markets nutritional products.

Advised the founding partners of Energía Real, one of the leading companies in the distribution of solar-generated power to commercial and industrial companies in Mexico, on the execution of a strategic alliance with an affiliate of Riverstone, a private equity fund manager focused primarily on energy and infrastructure investments, including renewable energy.

Advised Capital Indigo in connection with $120 million pesos (6 million dollars) asset backed loan granted to Compañía Manufacturera Herco.

Advised Bocel Private Equity, one of Mexico’s leading private equity funds focused on accelerating the value of Mexican mid-market companies with an international expansion angle, on several capital calls for more than USD$35.0 million ($700 million pesos) under its “BOCELCK 20” trust development certificate issue for almost USD$100.0 million ($1,875 million pesos).

We advised Citibanamex Afore on the acquisition of certificados bursátiles fiduciarios in connection with the first issuance under a given programme for an amount in investment units equivalent to USD$265.0 million. 0 million issued by Banco Monex acting as trustee of the trust, whose source of payment are the collection rights of the Arriaga-Ocozocoautla and Tuxtla Gutiérrez-San Cristóbal de la Casas, Chiapas highways derived from the corresponding concession title granted to Concesionaria de Autopistas del Sureste.

Advised Capital Indigo in connection with the restructuring of a $200 million pesos ($10 million dollars) asset backed loan granted to Corporación CLC Solutions.

Advised Capital Indigo in connection with $110 Mexican million pesos (5.5. million dollars) asset backed loan granted to Unidad de Personal y Alumnos (EDYEN).

Advised Capital Indigo, a private equity fund with relevant presence in Mexico, in the negotiations for the granting of a US$5.8 million loan to Lácteos Ticoy, a company which core business is the production and sale of cheese, yogurt and ice cream, with important sales to some of the most important brands in that market.