TOP Frequently Asked Questions About Mexico Real Estate
FAQ Riviera Maya Real Estate
Can I own property in Mexico?
Non-Mexicans are allowed to directly own property in most areas of Mexico. However, properties within 50 km of an oceanfront or 100 km of a border must be acquired through a bank trust or by establishing a Mexican Corporation, as mandated by Mexican law.
Can I own property near or in front of the ocean?
Yes, laws passed in 1973 and 1993 have made it possible for foreigners, foreign firms, and Mexican firms with foreign participation to acquire interests in coastal real estate through a bank trust or a Mexican Corporation. For additional information about Bank Trust and Mexican Corporation, please refer to the relevant resources.
Can the Mexican Government confiscate my land?
Foreigners often worry about the possibility of the Mexican government expropriating their land. However, under the North American Free Trade Agreement (NAFTA), Mexico is prohibited from expropriating property except for public purposes. This is similar to the concept of “Eminent Domain” in the U.S. If it becomes necessary to expropriate land, fair market compensation must be paid promptly, along with any accrued interest.
What are my rights as a buyer?
The bank trust is a legal substitute for fee simple ownership; however, in many cases, the trustee is the legal holder of the property. As a beneficiary, you have the right to sell your property without restriction. You may also transfer your rights to a third party or pass them on to named heirs.
What is the restricted zone in Mexico?
The restricted zone refers to property that is located within 50 kilometers (31 miles) of Mexico’s coastline or within 100 kilometers (62 miles) of Mexico’s borders.
What is a fideicomiso?
Fideicomiso is a bank trust established to comply with the provisions of Article 27 of the Mexican Constitution, which limits foreigners from acquiring direct title to property in the restricted zone.
Can I use a real estate agent to help me buy property in Mexico?
Yes, you should use a full-service real estate agent to help you buy property in Mexico. A real estate agent can assist you with the entire process, from finding a suitable property to negotiating the purchase price and handling the closing. It is essential to choose a reputable and experienced agent familiar with the local real estate market and the legal requirements for purchasing property in Mexico.
How do I purchase property in Mexico?
In order to buy property in Mexico, you will need to sign a purchase agreement, pay a deposit when all conditions are met, pay a deposit for the closing costs, and then pay the balance at closing. Your agent will also help you choose a Notario (a specialized lawyer) and will guide you through the closing process.
How long does it take to close on a Mexico property?
The time it takes to complete the closing process for purchasing property in Mexico can vary, but it typically ranges from four weeks to three months. The exact duration depends on factors such as the property’s location, the complexity of the transaction, and any issues that may arise. It’s crucial to engage a qualified real estate agent and attorney to ensure a smooth closing process and timely completion of all necessary steps.
Is financing available for purchasing property in Mexico?
Financing is available for purchasing property in Mexico, although it may be more challenging to obtain compared to other countries. Some Mexican financial institutions offer mortgage loans to foreigners, but the terms and conditions may differ from what you are accustomed to. Alternatively, you may be able to secure financing through a private lender or by using a home equity loan or line of credit from a lender in your home country. It’s worth noting that despite having completed over 200 sales, we have only facilitated four mortgages, with the most recent one being over 10 years ago. Additionally, mortgages can prolong the closing process significantly.
What should I consider when buying property in Mexico?
When purchasing property in Mexico, it’s important to consider several factors. These include the property’s location, overall condition, potential for rental income or resale value, and any additional costs or fees associated with the purchase and ownership. It’s also crucial to carefully review the purchase agreement and other legal documents related to the property and to seek the advice of a qualified attorney if you have any questions or concerns.
What is the role of the notary public in Mexico?
In Mexico, during the real estate purchase process, a Notario Publico is responsible for authenticating all legal documents, transferring the title, calculating the capital gains tax, and ratifying all real estate transactions. It’s important to note that if a real estate transaction is not recorded in the Public Registry by a Notario, it is not considered valid.
What are the closing costs for purchasing property in Mexico?
The closing costs for buying property in Mexico usually fall between 3% and 6% of the purchase price. The exact amount depends on the property’s location and type. These costs cover taxes, fees, and other charges. Generally, lower-priced properties will incur higher closing costs as a percentage of the purchase price.
Are there any tax implications for purchasing property in Mexico?
Fideicomiso is a bank trust established to comply with the provisions of Article 27 of the Mexican Constitution, which limits foreigners from acquiring direct title to property in the restricted zone.
What are the costs of maintaining a property in Mexico?
The costs of maintaining a property in Mexico will depend on the size and type of property you own, as well as its location. Generally, property maintenance costs in Mexico are lower than in other countries, but you should still budget for ongoing expenses such as utilities, insurance, property taxes, and HOA fees if applicable.
Is it safe to buy property in Mexico?
Mexico is known for being a safe place to buy property. However, as with any real estate purchase, it’s important to conduct thorough research and due diligence on the area where you are thinking of buying. This involves checking the crime rate, the stability of the local real estate market, and the overall quality of life in the area.
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