Karen Camarena: Real Estate Legal Certainty: Investment Trigger

By Thelma Gust
May. 24, 2019

True legal certainty in the real estate industry is achieved in the plural. It is the sum of the efforts of companies focused on the real estate sector and professionals in the field of law seeking to provide guarantees to the user who wants to invest, says Karen Bibiana Camarena Gutiérrez, president of the Asociación Nacional de Abogados de Empresa, Colegio de Abogados (ANADE) (National Association of Business Lawyers, Bar Association), Jalisco section.

“The end user wants that what he acquires, that which he rents, his investment, his legacy is free of all legal conflict. In the end, all that we seek and do is to give legal certainty.”

For Camarena, each goal achieved is a small step toward a greater one, and although it requires constant work and dedication to increasingly professionalize the real estate sector, currently both actors have now managed to operate under a sense of ethics and joint legal responsibility.

“The promotion of the new culture of professionalization and the new business culture has allowed contributing and having an impact when the real estate sector realizes some legal event.”

She notes that this link between lawyers and figures in the real estate sector is present at all times, such as when reviewing the real estate documentation when a sale is closed to guarantee the client that what is being acquired is free of encumbrance, or when wanting to create a construction company, the type of company that is going to be constituted, types of contracts, management and operation, among other procedures in which legality needs to be guaranteed.

“Legal problems represent risks, and they are of many types, from operational to strategic. The final goal is to provide legal certainty ensuring that we are fulfilling what needs to be done.”

Composed of 280 lawyers with diverse specialties and corredores públicos (public brokers), ANADE Jalisco has managed to create alliances through agreements and work plans with real estate companies and agencies, which have found in this association an ally in providing legal certainty to their clients and the industry.

“Through the collaboration agreements we have signed with actors in the real estate sector—AMPI, for example—we seek to strengthen this relationship between a lawyer and a real estate professional to help achieve the objectives of the association itself.”

The president says that one of the requirements of belonging to ANADE is complying with the Probono, which asks future members to support companies or figures in the real estate sector with free advice, training or mentoring.

“Our goal is professionalization. As such, our agenda, in conjunction with the real estate sector, is to continue with the work program that helps professionalization by talking about important issues for the real estate sector.”

Totally dedicated to her position and to her profession as a lawyer and public broker, vocations that have provided her the obstacles necessary to satisfy her spirit of challenge and eternal learning, Camarena never stops working for those opportunities that can professionalize the legal and real estate sector even more.

She says that one of the great challenges is adapting to the new technological processes that are changing the new forms of contracting, with intelligent tools, applications and platforms that facilitate investment in real estate, such as crowdfunding.

“The new forms of intelligent contracting, the blockchain, are a great area of opportunity for both the real estate sector and the legal sector. Everything that has to do with technology is here to stay and is moving much faster than we are assimilating it.”

With more than 22 years as a lawyer and more than five years as a public broker, the president of the organization notes that her greatest satisfaction is seeing an increasingly professional sector and an association that has become a reference for those pursuing the idea of serving the public under a vision of legal certainty.

“I feel happy and motivated, because behind all ANADE’s success there is a great team, a council that is thriving, attentive and productive, making strategic decisions to build work programs that can empower the sector.”

Finally, Camarena notes that in a market so diverse and with so many opportunities for growth, the most important thing is to bring that passion to strengthening companies that are important to the economy, that have the productive strength of people providing service to clients who place their trust in them, thus forming a virtuous circle for the benefit of all.

Karen Camarena: President of the National Association of Business Lawyers