You Need to Buy Mexican Real Estate

Four Parties You Need to Buy Mexican Real Estate

Are you planning to buy Mexican real estate? If your preferred land is within the restricted zone (within 50 km of the coastline and borders), it is important to know that there are 4 important parties involved in your transactions. Each of these parties will provide assistance according to their expertise. With their help, the process of follow to buy Mexican real estate is easy.

  • Notary Public
  • Buyer’s Attorney
  • Bank (Fideicomiso)
  • Real Estate Company

Notary Public

You need an official and unbiased representative of the government of Mexico whenever you transact in real estate business. You cannot buy Mexican real estate without the services of a notary. A Mexican Notary (Notario Publico) is a licensed attorney duly certified by the state and Federal government. A notary in Mexico acts the same as those in Canada and has greater responsibilities than notaries in the US. A Mexican Notary has gained the position as a government official after passing stringent exams given by the Mexican government. All records they provide must be original and must be recorded in the Public Registry of Property. A Notary can be held liable in both civil and criminal terms, that is why a notary’s role in Mexico is very serious. Aside from these expectations, a notary is also tasked to authenticate legal documents, calculate capital gains tax, and ratify all real estate transactions in Mexico. A real estate transaction which is not ratified before a notary and rightfully recorded in the Public Registry is considered invalid and non-enforceable. In any real estate transaction, the notary is highly responsible both to the buyer and the seller, as well as to the Mexican government.

Mexican Real Estate Buyer’s Attorney

It is not compulsory to have a buyer’s attorney when you buy Mexican real estate, but it is recommended. It is also important to get a Mexican attorney instead of a foreign one since foreign attorneys are not licensed to practice law in Mexico. Getting the service of a licensed Mexican attorney will provide you with advice on the laws related to the real estate. The attorney will represent you and protect all your legal transactions. It will also be the attorney who will draw up contracts and review the terms and conditions of the sale. Aside from these, an attorney can help you save your money as they have lots of contacts including banks, notaries, and the Mexican politics.

Mexican Bank for your fideicomiso trust

Your authorized bank is your Trustee Bank which will act as Trustee (fideicomiso). The bank must be a Mexican registered financial institution. As a buyer, you must choose a qualified bank which will ensure a legal and appropriate transaction. The bank will provide a trust for the real estate which you own and control on your own. The bank trustee is not allowed to transfer ownership of the property, change the beneficiary rights, or do anything about the property without the owner’s written instructions. With the government protection against bankruptcy, the trust is guaranteed by the government indirectly.

Real Estate Company

When you choose to buy Mexican real estate, the procedures will be different from what you may be familiar with. It is important to have the right people for your business transactions. Having these people and a team of experienced, knowledgeable, and dedicated real estate agents will make your experience not only different, each step is ensured with guidance, and the outcome is a smart and secure buy.

Mexican Real Estate Q&A

Mexican Real Estate Q&A – Fideicomiso

Foreigners who are interested in purchasing Mexican real estate should continue to read below as the top questions and answers are provided about Mexican real estate and fideicomiso trusts.

What is a Fideicomiso?

A fideicomiso is a real estate trust that you can apply for at a Mexican bank of your choice when you purchase real estate in Mexico. The bank is the trustee to the fideicomiso, and you (or anyone you designate) are the beneficiaries of the trust. The beneficiaries have control over the real estate. The trust is not a lease, but it is equal to a Living Trust in the United States. You can sell it, mortgage it, use it, enjoy it, will it, and inherit it. The Mexican bank will represent you on your behalf, and be the administer

Do you need a Fideicomiso?

If you are a non-Mexican, you will need to use a fideicomiso to legally purchase any real estate in Mexico that lies in the ‘restricted zone’, which refers to any real estate that is within 31 miles (50 km) of all coastlines and 62 miles (100 km) from the borders of Mexico. Foreigners will not need a fideicomiso if they are purchasing real estate that is not located in the restricted zone, although many foreigners still choose to use the trust.

Does my property become an asset of the bank?

The bank has no rights to your property, the bank is merely a steward to your trust. Your property does not become an asset of the bank. No legal action against the bank or bankruptcy will affect your trust.

What is the Fideicomiso trust time period?

The fideicomiso trust time period is 50 years and at any time the trust can be renewed for a fee. The fideicomiso trust is always set for 50 year increments, which is also guaranteed for renewal.

What are the costs involved in getting a fideicomiso?

The current fideicomiso cost is $500.00 (USD).

Does the Mexican Government have the right to take my Property?

At no time can the Mexican Government take your property. Under the NAFTA – North American Free Trade Agreement states that Mexico cannot directly retrieve your property unless it was for a public purpose, such as building roads or highways, and then this can only be done through the correct legal action. The government will give you the fair market price for the trust along with any interest that may accrue.

Can I have a fideicomiso trust for any ejido land?

You cannot get a fideicomiso trust for any ‘ejido’ land as only Mexican nationals can own the ejido land legally. This type of land in Mexico is not considered real estate as it does not come without a title or deed.

Moving Abroad

Will you Miss your Family Too Much Moving Abroad?

If you are considering moving to a new country and starting a new life or retirement abroad, you might find yourself challenged with how to cope with missing your family. The idea of having to leave your elderly loved ones or your young ones might keep you from relocating. Here are some good tips to stop you from missing your family too much when moving abroad.

Start socializing asap

Start socializing as soon as you can upon moving abroad. Gain new friends and widen your social circle by joining as many groups as possible. Get involved with community activities such as taking Spanish lessons, joining dance, cooking, or yoga classes etc. Be sure to create excuses to invite your new friends to other events so that your circle starts growing. Making new friends who are in the same position as you will certainly help when you miss your family.

Get in touch with new technology

There is actually no excuse not to communicate with your far-off loved ones with so much new technology. Through Internet, webcams, and services like Skype, Facetime, and others, you get to talk and even see your family and friends face to face with just a few clicks. Don’t be shy of new technology; if need be ask your younger family members to show you how to use it so that staying in touch is easy.

Stay regular

You can also use your gadgets to set up a regular schedule when you are going to make your calls or do your video chats. A weekly, monthly, or whatever schedule that will make up your routine calls is more convenient. You won’t have to blame yourself when you realized a long time already passed by without any word from you or your closest back home. The best way is to not let too much time go by. Get into the habit of sending regular messages and calling frequently.

Choose an attractive location

When you make your move, choose a place where direct flights are available for your family and friends back home to take advantage of. Cities served by budget airlines will encourage friends and families to come and pay you a visit. You will be amazed at how many of them will come over and cheer you up.

Choose a place where the cost of living is low

You might also find it more convenient if you stay in a place where the cost of living is less expensive. This will motivate more vacations from for your family and friends. You will also have enough to save for your yearly visits back home or you may want to treat your dearest by buying tickets for them when they want to come over.

Buy or rent property that is big enough for visitors

Prepare for your guests when moving abroad by making sure you have plenty of rooms to accommodate them and additional bathrooms. Make it comfortable when people visit and you will see they will come and visit more often.

Moving abroad can be the best decision you ever make!

Purchase Real Estate in Mexico

How Can Foreigners Purchase Real Estate in Mexico?

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.

Ownership Opportunities in Cabo

Traditional Ownership Opportunities in Cabo

Foreigners and Mexican nationals alike can enjoy a number of traditional ownership opportunities in Cabo, from full ownership of family homes, to condos to apartments, all of which are suitable for those seeking to relocate permanently in Cabo San Lucas or San Jose del Cabo, wanting to buy a vacation home or looking to invest in property to rent. For almost every kind of vacation homeowner, there are many different options available in Cabo.

The Real Estate Market in Cabo

Over the last 5 years since the economic slump, most real estate ownership opportunities in Cabo have been re-sale properties, however, we are seeing a rise in new properties coming on the market as developers are building again. These new homes are attracting a different type of buyer looking for properties that are smaller and more cost effective. Most people looking for ownership opportunities in Cabo are looking to purchase something new, so this is a good time for the real estate market in Cabo.

Second home ownership in Cabo

Second home ownership in Cabo is very appealing for those wanting a vacation home to bring coworkers, family, and friends. You can come anytime you want and use it anytime. There really is nothing like owning your own place. However, remember that when you purchase a second home, you are responsible for all repairs and maintenance, so this will require that you hire someone to take care of your vacation property like a property manager.

Is it safe to buy in pre-sale in Cabo?

Unfortunately, there are downsides to purchasing a new product as you really don’t know what you will end up with and the risk that the developer actually finishes the project is very real. Nevertheless, you can get a great deal when buying during the pre-sale stages, meaning that your profit is much greater. Likewise, when purchasing a brand new property in Cabo, you can be sure that the designs are modern, built with the latest building products and ready to use.

How about building your own home?

It may be safer to purchase a property that has already been built, but there is something magical about building your own home, because you will be involved in the design, so you know what you are getting. Speaking Spanish will help you in this process but it not essential if you work with a reputable architecture firm and construction firms.

Condominium Living

Condominium living is the first choice for most people wanting a second home in Cabo. It is just easier, because you can maintain a condo with ease, then when it is time for you to return home you just lock up the condo and go home. However, there will be neighbors you will have to deal with. Neighbors could be on both sides of you or below or above you, so think about this when you are picking a condominium. You also are responsible in the upkeep, repairs, and maintenance on the condo inside, although the common areas are maintained with your HOA fees. An added plus to condominium living is they stand tall, so you will have great views.

Read: How to choose the best Real Estate in Mexico
Villa La Estancia Real Estate Investment in Cabo

A Real Estate Investment in Cabo

When looking for a vacation home you want somewhere that is both beautiful and functional, somewhere that will continue to hold your interest and admiration for years to come. Cabo San Lucas could be such a place; this is a perfect fusion of the time and wind created natural environment and the creature comforts that man brings with him. The Cabo desert is flanked by rolling mountains and the sparkling Pacific, but in the midst of this is Cabo san Lucas.

People may come here to see the iconic arch-shaped rock formations, but they stay for the city and all it has to offer.

A real estate investment in Cabo

Cabo has long been a vacation hotspot and real estate investment, but it can be so much more! The urban expansions of the last few decades were well-planned, and this has paid off quite spectacularly. An extensive selection of properties can be found here from charming condominiums to vacant lots, to city apartments, and of course beach-front homes.

Here are some of the most important factors to consider when you think about moving to Cabo San Lucas or making a sound real estate investment in Cabo.

What’s the weather like?

Climate is a big deal for many people when they look for a vacation home and real estate investment; if you’re used to shovelling snow from October onwards then warmth and sunshine are pretty high on the priorities list, right? Well, Cabo San Lucas will not disappoint! The temperatures here range between 50 and 95 degrees Fahrenheit, and even on the hottest days humidity is manageable. The Pacific breeze takes the edge off even the hottest day, and you can bank on a wonderful 15 days of rain per year… just enough to stop all the plants dying off! In Cabo san Lucas barbeque is always on the menu.

Golf courses

For many retirees a second home is all about the lifestyle it can offer them rather than the minutiae of the home itself. This is yet another area where Cabo comes out on top; the medical facilities are world class, the cost of living is lower, and all the modcons you could ever want are here. But it’s the golf courses that really set it apart; courses designed by the biggest names in the business can be found here.

Rub shoulders with the rich and famous

For those who fancy their chances at rubbing shoulders with the rich and famous there is no better spot in Mexico to call home. Cabo San Lucas sits in close proximity with California and as such has long played host to Hollywood elite and the big .com’s of Silicon Valley. Weekends are when it really kicks off; cocktail parties with elite guest lists are hidden behind every other door… just imagine who you could be living next to when you join them in with a real estate investment in Cabo.

Red tape of real estate investments in Cabo

A good realtor can make the process of buying in any place relatively quick and simple, even if you yourself are hundreds of miles away. To ensure that you get a good realtor be sure to choose a reliable name and check all references that are given to you. A notary public will still be required to validate your real estate purchase by confirming the validity of your legal documentation. This process is different to the one you’re no doubt used to, but it’s no better or worse – simply different.

Cabo San Lucas could be your dream home; a place to start again.

Alternatives to Full Ownership in Mexico

What are the Alternatives to Full Ownership in Mexico

For those who are interested in alternatives to full ownership real estate, who only want to invest in the amount of time they actually will be vacationing rather than full ownership, there are alternatives that involve purchasing just a portion or fraction of the property in weeks’ or months of the year. This can involve receiving actual titles or deed, or it can be a right-to-use, commonly 25 to 30 years.

Timeshare / Vacation Ownership

Timeshare ownership includes right-to-use properties or a more flexible points-based program. Owners purchase a condo or villa for one or more weeks use within a fixed or “floating time” system, which allows scheduling each year’s vacation during the most convenient week within a specified season. With timeshare, consumers have the opportunity to purchase time at resorts offering a wide range of amenities at different destinations. While most vacation ownership villas have two bedrooms and two baths, floor plans range from studios to three or more bedrooms. Ownership is usually a one-time purchase, which often is developer financed, owners then pay an annual maintenance fee based on the unit size, location and amenities.

Fractional Ownership / Private Residence Clubs

A step above timeshare is fractional ownership, which usually comes with fully deeded titles to your fraction. Fractional ownership has the benefits of second-home ownership, but for a fraction of the cost and without all the responsibilities. Considering the average vacation-home buyer uses the property just three to four weeks a year, fractional ownership tends to be more in line with the actual use of the vacation home. Additionally, fractional properties are generally affiliated with high-end hotel companies or high-end boutique operators, so owners have the benefits of personalized services and amenities. In addition to the purchase price, there also are annual maintenance fees to consider.

Destination Vacation Clubs

Members of a destination club are not buying a specific property, but rather the right to use any of a portfolio of homes owned or operated by the club company. With few exceptions, they offer a non-equity-based membership emphasizing a broad selection of vacation-home experiences. Most destination clubs also offer members concierge services. The average length of stay at destination clubs ranges from one to nine weeks, and costs include a one-time fee, although the club may also charge a nightly fee while guests are in residence.

Condo Resorts and Hotels

Condo hotels and resorts offer a portion of their hotel room inventory for sale to the public. The owner may use it for vacation or corporate housing needs or place it in a rental program, typically managed by the hotel. Owners then receive proceeds from the rentals. Buyers enjoy the benefits of owning real estate in a desirable location coupled with hotel amenities and services. Annual dues also apply. Condo hotel pricing varies by real estate market trends.

Cabo Real Estate Review

Villa La Estancia Residences – Cabo Real Estate Review

Looking for Cabo real estate reviews you can trust. Below you will find my latest review for Villa La Estancia Residences on Medano Beach. To add your own Cabo real estate review, please comment.

Villa La Estancia Residences – Cabo Real Estate Review

There are many delightful reasons to own a luxury home along the lovely Medano Beach in Cabo San Lucas. Your home is only a glance away from the remarkable El Arco at Land’s End. These award-winning properties at Villa La Estancia provide opportunities to purchase that dream home you have been fantasizing about. With a choice of luxury villas available for full and fractional ownership, you can also enjoy the high-end 5-star facilities that complement these properties to complete your luxurious lifestyle by the sea.

Medano Beach – Cabo San Lucas

The safe and clear waters which are ideal for swimming and enjoying waterborne fun like paddling and kayaking are just some of the great advantages that you can enjoy when you live by Cabo’s Medano Beach. This spotless site hosts a stunning view of El Arco at Land’s End. The sophistication of Villa Las Estancia’s properties cannot be compared to other hotel-living experiences. You get peaceful tranquility with 5-star services in a luxury setting. All this becomes your reality at Villa La Estancia Cabo San Lucas. Aside from these.

The High Life

Who doesn’t like the idea of arriving home to unwind on your private balcony right on the beachfront. As you look out to the horizon, you will get a postcard perfect view of Land’s End and its rocky arches rising majestically from the waters right there from your terrace. The elegance of your colonial-style hacienda will make your friends and guests envious as you treat them to free scenic views and elegant comfort.

Your Luxury Abode by the Sea

Once you have purchased leading real estate in Cabo San Lucas and become a Villa La Estancia resident, you will enjoy marvelous privileges. Your full and fractional ownership in Mexico will get you to experience the best of life by the sea, These fashionable vacation homes are beautifully decorated with elegant bedrooms, spa-style bathrooms, functional gourmet kitchens complete with dishwasher and dryer, trendy dining areas, and spacious balconies.

Elegant Eateries

One of the 5-star privileges of residing in these prime homes at Villa La Estancia in Cabo San Lucas is access to onsite fine-dining restaurants: La Casona and La Parilla. You also get to use the complimentary trolley service to take you to more delicious restaurants at the sister resorts of Villa del Palmar and Villa del Arco. Also, whenever guests or relatives arrive to join you at your luxury home in Cabo, you may wish to serve a feast right in your own dining area, for which you could take advantage of room service or even a private chef to cook for your and your guests.

Inclusions

    Villa La Estancia Cabo real estate is by far one of the best luxury options for those who like the finer things in life. Your purchase includes various benefits as you will see below:

  • Beach Access
  • Pool and jacuzzi
  • Luxury Amenities
  • Gym
  • Spa
  • Optional laundry services
  • 24 hour security
  • A deli and mini-market
  • Janitorial services
  • Internet connection
  • Water desalination
  • Emergency electric generators
Why You Should Live by the Sea

Why You Should Live by the Sea

There are a wide range of reasons why you should live by the sea. Do you need convincing? If you do, then read the reasons why you should live by the sea below.

Happier, Healthier Life

Living by the sea will provide you with a happier, healthier life. The salt air can make your mental, physical, and spirit healthier. The sea air has negative ions, and when you breathe the sea air, then these ions will give your body strength to absorb oxygen much faster. The sun also provides you with Vitamin D, which is healthy. Vitamin D will boost your immune system, add stronger bones, increase your endorphin levels, and then fight off cancer.

Delicious Seafood

If you live by the sea, then you can enjoy delicious seafood year round. Can you imagine not going to the supermarket that is full of crowds to purchase costly seafood? If you live by the sea, then you can eat delicious seafood year-round. You can catch it yourself or go to one of the local seafood stands and purchase it cheap.

Exercise for Free by the Sea

You can exercise for free when you live by the sea. No more will you have to pay for a gym membership if you live by the sea. You can exercise anytime you want without paying. You can go swimming in the ocean, kayaking, paddle boarding, beachcombing, and many more exercises. Just swimming in the ocean will burn nearly 200 calories, and all this for free.

Boating and Boating Tours

Boating is a common activity that can happen if you live by the sea. You can rent a boat or buy one, or simply take boat tours, fishing tours, and yacht charters. Snowbirds often choose to charter a yacht, which comes with a happy deckmate that will take care of you all day long and clean up after you as well.

Kids and Pets are Happier

Kids and pets are happier when they live by the sea. Pets are able to enjoy the sea and the sand, because there are no leash policies in Puerto Vallarta, Mexico. Kids enjoy the ability of building sandcastles, swimming, boogie boarding, and looking for seashells, because they live by the sea.

Luxury Condos for Retirement at Villa La Estancia Residences

Pros and Cons of Luxury Condos for Retirement

As retirement approaches, you might be considering the possibility of downsizing and/or moving abroad to enjoy your golden years. If you are, then Mexico is certainly one of the better options for American and Canadian retirees as it’s close enough to home for cheap flights and the cost of living is much lower.

In fact properties are so affordable in Mexico that you might even find yourself up-sizing, or at least upgrading, to luxury condos for retirement! There are more than a few benefits to living in Mexico as an ex-pat, but in the interest of giving you all the knowledge that you need to make an informed decision we have made this list of the main pros and cons of living in luxury condos for retirement in Mexico.

    Pros

  • You’ll find that you can keep your independence longer in Mexico; maid, handyman and gardening services are much more affordable here.
  • Most luxury condos in Mexico have 24 hour security.
  • Facilities will be wheelchair accessible and will most likely include spas, gyms, pools and restaurants.
  • You’ll likely be surrounded by a like-minded community with the same ideals as you.
  • Maintenance costs will be shared amongst all residents and so will be lower.
  • The more luxurious condo complexes will have concierge services, too, so you will be able to get the help and support you need at a moment’s notice.
  • No need to take the stairs as most complexes will be on a single level or have elevators at all main access points.
  • Cons:

  • You will have to pay regular maintenance fees.
  • Most apartment complexes will be in the more exclusive neighborhoods and so will not be close to large supermarkets. You may need a car.
  • You will not have a personal garden, but you may have access to a communal garden or herb patch.
  • There may be limited or charged access to parking when it comes to visitors.
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