Buying in Mexico


Once you have found your dream home in Mexico it is important to understand any legalities or steps involved in purchasing. Mayan Realty is here to help you throughout every step of this process.

Property in Mexico can be legally owned by foreigners to the country. You may buy property in the interior of Mexico “fee simple” in your name, just as you may in the United States or Canada. There is however a “restricted zone” encompassing 100 kilometers along the border and 50 kilometers along the coast. Foreigners cannot acquire the direct ownership of this land.

With property in a restricted zone, foreigners can constitute a Fideicomiso. This is the equivalent to an American beneficial trust. It may be done through a Mexican bank of the buyers choosing. The buyer requests a Mexican bank to act as a trustee on his/her behalf. The bank then obtains the permit from the Ministry of Foreign Affairs to acquire the chosen property in trust.

The Fideicomiso can be established for a maximum of 50 years and can be automatically renewed for another 50 year period. There is no limit to the number of times they can be renewed. During this time you have the right to transfer the title to any other party if you wish. The renewal fee is currently about $900 USD.

The bank becomes the legal owner of the property for the exclusive use of the buyer who has all of the benefits of a direct owner. This includes the possibility to lease or transfer their rights to the property to a third party. During this period the foreigner is considered as a Mexican National.

The trustee is responsible to the buyer/beneficiary to ensure precise fulfillment to the trust, according to Mexican Law, assuming full technical, legal, and administrative supervision in order to protect the interests of the buyer/beneficiary. Fideicomisos are not held by the trustee as an asset of the bank.

For practical purposes, even in unrestricted zones, many foreigners prefer to hold their property under a Fideicomiso.

Right now, the cost for initiating a Fideicomiso is approximately $2,800 USD. There is an annual fee to the bank for maintaining the Fideicomiso. The annual fee is based upon a percentage of the value of the home. An estimated figure for a home in the $100,000 USD range is about $600 USD a year. Current law does not allow a Fideicomiso for properties larger than 2,000 square meters (approx. 21,520 sq. ft.), however you can apply for an exception to this law.

A Notario or Public Notary is the highest legal authority in Mexico. It is necessary for you to involve the public notary of your choice as soon as you start with the buying process. He or she will make sure to do everything according to regulations and in the safest way for you.