10 Most Common Questions We Get About Buying Real Estate In Mexico:

PALMERAS AQUA FACH

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IS IT SAFE TO BUY REAL ESTATE IN MEXICO?

Yes, it is generally safe to buy real estate in Mexico. However, it is important to do your research and work with reputable professionals such as real estate agents, lawyers, and notaries to ensure that the transaction is carried out correctly.

CAN I BUY BEACHFRONT PROPERTY IN MEXICO?

Yes, foreigners can buy beachfront property in Mexico. However, there are restrictions in what is known as the “restricted zone,” which is 100 kilometers from the country’s borders and 50 kilometers from its coastlines. In this zone, foreigners can only purchase property through a fideicomiso, which is a trust agreement.

WHAT IS A FIDEICOMISO?

A fideicomiso is a trust agreement that allows foreigners to purchase property in the restricted zone in Mexico. It is set up between the buyer and a Mexican bank, with the bank acting as the trustee.

IS THE FIDEICOMISO JUST A LEASE?

No, a fideicomiso is not a lease. It is a trust agreement that gives the foreign buyer the right to use and enjoy the property, as well as sell or inherit it.

ARE THERE FEES INVOLVED WITH A FIDEICOMISO?

Yes, there are fees involved with setting up and maintaining a fideicomiso. These fees can vary depending on the bank and the value of the property, but they typically include a set-up fee, an annual maintenance fee, and a fee for transferring ownership.

HOW CAN I BUY IN A RESTRICTED ZONE WITHOUT A FIDEICOMISO?

Foreigners can only buy property in the restricted zone in Mexico through a fideicomiso. There are no other options.

WHY DO I NEED A REAL ESTATE ATTORNEY?

A real estate attorney can help ensure that the transaction is carried out correctly and that all necessary documents and permits are obtained. They can also help protect your interests and negotiate the terms of the sale.

WHAT FUNCTION DOES A NOTARIO PUBLICO SERVE?

A notario publico is a public notary who is authorized by the Mexican government to oversee and certify legal transactions, including real estate transactions. They are responsible for verifying the identity of the parties involved, ensuring that all documents are in order, and registering the transaction with the government.

WILL MY PROPERTY HAVE A TITLE?

Yes, your property will have a title, which is issued by the Mexican government. It is important to ensure that the title is free of any liens or encumbrances before purchasing the property.

CAN THE MEXICAN GOVERNMENT TAKE MY PROPERTY?

No, It is crucial to use a real estate attorney to conduct a thorough title search that includes the chain of ownership, ensuring that the seller has the right to sell the property and that no one has a claim against it. The search will also reveal any outstanding taxes and liens on the property. It is essential to verify that the property is free from disputes or claims before purchasing it. Once you have obtained title and registered ownership at the Property Registration Office, your property rights are protected, and no one can take the property.

Under the NAFTA agreement, Mexico is prohibited from expropriating land, except for public purposes such as constructing a road. In such cases, the government must provide prompt, adequate, and effective compensation to the owner. However, if the property is involved in illegal activity or disputes, or if the government expropriates it for reasons outside of public interest, the property could be at risk. Therefore, it is always recommended to conduct proper due diligence and seek legal advice to ensure your property rights are protected.

If I buy my property in México thru a trust (fideicomiso) and I want to resell it, is it possible? 

Yes, it is possible to resell your property in Mexico if you purchased it through a trust (fideicomiso). A fideicomiso is a legal mechanism used by foreigners to acquire property in the restricted zones of Mexico, which include land within 50 km of the coastline and 100 km of international borders. This trust is established through a Mexican bank, which holds the property title on behalf of the foreign buyer.

When you decide to sell your property, you have a few options:

Transfer the beneficiary rights: You can transfer your beneficiary rights to the new buyer, who will then become the new beneficiary of the existing trust. This process requires approval from the Mexican bank acting as the trustee and may require updating the trust agreement to reflect the new beneficiary. It is essential to involve a Mexican notary public and a real estate attorney in this process to ensure all legal requirements are met.

Terminate the trust and create a new one: Another option is to terminate the existing trust and have the new buyer establish a new fideicomiso for the property. This process involves additional costs, such as trust termination fees, new trust establishment fees, and tax implications, which can be negotiated between the buyer and seller.

In both cases, it is crucial to engage professionals experienced in Mexican real estate transactions, such as a real estate attorney and a notary public, to ensure that the process is carried out legally and smoothly. Keep in mind that taxes, fees, and other costs may apply during the sale process, and these can vary depending on the specific circumstances of the transaction.

If I want to buy land in México to develop a hotel, villas, or suites, is it possible?

Yes, it is possible to buy land in Mexico to develop a hotel, villas, or suites. However, there are several steps and considerations you should be aware of:

Property ownership: As a foreigner, if you plan to buy land within the restricted zones (50 km from the coastline or 100 km from international borders), you will need to use a fideicomiso (trust) through a Mexican bank or establish a Mexican corporation to hold the property title. Outside of the restricted zones, you can directly own the property.

Due diligence: Conduct thorough due diligence on the land you wish to purchase. This includes researching the property’s title, ensuring there are no liens or encumbrances, verifying zoning regulations, obtaining necessary permits, and understanding local development requirements.

Zoning and permits: Verify that the land is zoned for your intended use (hotel, villas, or suites) and obtain the required permits and licenses for development. This may include construction permits, environmental permits, and land use permits. Consult with a local architect or engineer familiar with local regulations to ensure compliance.

Business structure: If you plan to operate the hotel or other accommodations, you may need to establish a Mexican corporation. This will allow you to manage the business legally, comply with local tax regulations, and employ local staff. Consult with a Mexican attorney to set up the appropriate business structure.

Financing: Secure financing for your project, either through your own funds, investors, or loans from Mexican banks or other financial institutions.

Construction and development: Work with local architects, engineers, and construction companies to develop your project in compliance with Mexican laws and regulations.

Licenses and permits for operation: Obtain the necessary licenses and permits to operate your hotel, villas, or suites, which may include a business license, health and safety permits, and tourism-related licenses.

It is essential to work with local professionals, such as real estate agents, attorneys, and architects, to ensure that you navigate the complexities of Mexican real estate, development, and business regulations successfully.

Want more information or have questions? Reach out to us by visiting www.MexusVentures.com