FAQ’s

Can a foreigner buy a property in México? If so, how is it done?

A clear answer is “Yes”. Over the years, México has made arrangements to facilitate the purchase of properties to foreign investors. Riviera Maya is located within a restricted zone in the country, so there are two ways you can own property here:

Fideicomiso. A real estate trust is held under your name by the national bank of your choosing.

Mexican Corporation. A Mexican corporation is established where you appoint yourself or others as owners, once formed, the corporation will own your properties.

What is a Fideicomiso?

It is a real estate trust fund very similar to one you may hold in the United States, except that the designated trustee must be an authorized Mexican financial institution such as Citibank, Scotiabank, Bancomer, amongst others. Exactly like in the US, this trust gives the buyer full ownership of the property they are purchasing, but instead of being the “owner”, they are stated as the first beneficiary. This allows the person to benefit from improving, remodeling, fixing, renting, or selling the property without restriction.

Can the Mexican government seize my property at any given time?

No. A fideicomiso is established by the government and gives foreigners the same rights of ownership as Mexican citizens. The only difference is that they never receive the actual fee simple title. The Mexican government may not directly or indirectly expropriate property, except for two reasons:

a) For a public purpose, like building railroads or highways to name a couple. In which case, the owner would receive fair market compensation.

b) Having been found guilty of either one of these major illegal activities: human trafficking, kidnapping, vehicle theft or drug dealing.

Do I need title insurance?

This is an option you may choose but is not enforced. This insurance policy for the property ownership is not as common in Mexico as it is in the US, but several law firms have this service available should you choose to include it for your closing.

Can I use my retirement account to buy a house in México?

Yes. US citizens are able to use 401Ks and IRAs to buy a property in Mexico free of tax, but only for investment purposes. This is a very smart and lucrative way to diversify your investment portfolio, and is not a complicated process, in general, it could take around 45 extra days for closing and only a $250 USD extra fee.

What is Ejido land?

The Ejido is a Mexican system of government that dates from the Mexican Revolution era (1920’s).
It was initially used to assign communal land for agriculture only, but in 1992, congress pushed legislation to allow the privatization of land. Ejido land is very common in the Yucatan Peninsula, and represents a great opportunity for savvy investors, but the purchase, privatization and development of it is subject to a long and detailed process, no matter the nationality

Do I need an attorney to buy a property in Riviera Maya

It’s not mandatory, but we highly recommend you hire one. Your attorney will represent you and protect your bests interests, by using their expertise on federal and municipal laws, having inside information about previous transactions with several different developers and their reputation.

What is a Notario?

A “Notario Público” (Notary Public) is a very similar figure as in the US, a licensed attorney appointed as a government official and whose primary role is to serve the public as an impartial witness when important documents are signed. In México, the Notario has also a big responsibility during real estate transactions, like calculate and collect taxes, ensure the legality of the transfer of title, etc.

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What are the closing costs when buying a property in México?

Total closing costs could include most (or all) of the following: taxes, Notario fees, setting up the escrow, appraisal fees, origination fee, application, establishing the trust and obtaining the SRE Permit. For all of this, you can roughly consider somewhere between 5% – 7% of the sale’s price. You can also ask your legal and accounting team to work on a fiscal strategy to lower these costs

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How do I present an offer for a property?

An offer to purchase (OTP) is very important when buying a property, this document must include personal information, amount, payment method, time frame, inventory, and all the additional information that your real estate advisor deems important. This document will be approved (or counter-offered) and signed by all the parties involved in order to send it to the legal team for the first draft of the contracts. It is also very important to include a reservation deposit (the amount is usually set up by the seller) in order to ensure that the property is taken off the market.

Is it safe to buy a pre-sale property in Riviera Maya?

Because Riviera Maya is such a fast market, there is currently a lot of pre-sale inventory. Developers of all kinds (big or small, experienced or new, national or international) have found a great opportunity to profit on upcoming areas such as Playa del Carmen and Tulum. This means that in order to have a safer transaction when buying pre-sale, you would need to consider different facts like previous developments, time frames, liquidity and reputation of the developer. There currently few to none unfinished developments in Riviera Maya but is always better to use de insider knowledge and experience of a licensed real estate agent to advise on the best developers and help identify a great opportunity.

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