It is very possible for foreigners to purchase real estate in Mexico. Foreigners can purchase real estate that is located near the popular beaches despite the fact that these areas are Federal Zones and are limited to certain restrictions. It is not uncommon for individuals to hold on to the misconception that foreigners are unable to own or purchase real estate in Mexico, but thankfully, the opposite is true.
Mexico’s laws for foreigners wishing to purchase real estate in Mexico’s federal zones
Mexico’s laws and constitutional limitations have set forth special laws for foreigners who may wish to purchase property that is within 50 km (31 miles) near the coast or 100 km (62 miles) near any international borders. These areas are considered Federal Zone areas and to purchase real estate in these parts foreigners must get a land trust. The official name of a land trust is in Mexico is a fideicomiso in Mexico. A fideicomiso is necessary when purchasing real estate in Mexico in the federal areas, making the purchase totally legal. This process is a common procedure in Mexico and there are numerous banks in Mexico that provides this service. On another note, there are moves to remove the need for fideicomiso, although this could take some time to become a legal reality.
Bank Trust Fideicomisos
All non-citizens to Mexico have to go apply for trust deed when buying real estate in Mexico’s federal zones. This is easy to do through Mexican banks. The Mexican bank will then represent the foreigner and will become the trustee on the foreigner’s behalf. The bank will act as the intermediary only. Ownership and all rights will belong to the foreign buyer. In easier terms, the foreign investor is the beneficiary and they control all rights to the trust and the Mexican bank is the trustee and will essentially manage the trust and oversee anything that involves the trust. As the foreign buyer you have the right to rent, transfer, sell, or occupy the property fully. You can also leave the property to someone in a will in case of your death.
Bank Trusts are Renewable
The Fideicomiso bank trust provides foreign buyers purchasing real estate in Mexico with a term that is 50 years and at the end of the 50 year term the foreign buyer has the right to renew the bank trust for another 50 year term. If you have selected to sell the property later on to a national resident of Mexico, then the bank trust and term can be terminated, but if you select to sell the property to another foreigner, the bank trust and terms can be transferred over or they can decide to start their own fideicomiso.
Foreign Beneficiaries for real estate in Mexico
You can choose to appoint a beneficiary once the trust has been completed, and this means that the substitute beneficiary will claim all the trust rights, and the beneficiary that you have appointed for the property will claim the property if you pass away before the end of the 50 year trust. This benefits you. Your beneficiary will not have to go by any probate hearings with the courts in Mexico and this will also save you time and money too.