Guide for Mexican and foreign buyers
Buying property in Mexico
Mexican and foreign buyers can purchase property in Mexico, but the correct legal structure depends on nationality, location, and the intended use of the property.
Who can buy property in Mexico?
Mexican citizens can acquire property under the general ownership rules. Foreign individuals and companies may directly own property outside the restricted zone. Inside the coastal or border restricted zone, a foreign residential purchase normally uses an authorized Mexican bank trust called a fideicomiso.
The restricted zone and fideicomiso
Mexico defines the restricted zone as land within 100 kilometres of an international border or 50 kilometres of the coast. Riviera Maya, El Cuyo, La Paz, and La Ventana are coastal markets. For foreign residential use, a Mexican bank holds title as trustee while the buyer is the beneficiary and may use, enjoy, sell, or transfer the beneficial rights under the trust agreement. The initial authorized term can be up to 50 years.
What about a Mexican company?
Different rules apply to Mexican companies and property used for non-residential purposes. A company should not be used automatically for a personal residence or simply as a way around a fideicomiso. Independent legal and tax advisers should approve the structure before purchase.
A typical buying process
A typical buying process
Due-diligence checklist
- Deed and property registry record
- Certificate showing liens or encumbrances
- Property tax, water, and condominium fees paid
- Seller identity, marital status, and authority to sell
- Land use, licences, and construction regularity
- Measurements, boundaries, access, and cadastral status
- Condominium rules, reserves, and unpaid obligations
- Included furniture and inventory
- Deposit conditions and refund provisions
- Written estimate of taxes, notary costs, and fideicomiso expenses
Costs, taxes, and financing
There is no single percentage that applies to every purchase. Costs vary by state, municipality, assessed value, transaction value, property type, trust requirements, financing, and the seller situation. Ask the notary for a written estimate before committing and obtain tax advice in Mexico and your country of residence.