mexican real estate

You Need to Buy Mexican Real Estate

Four Parties You Need to Buy Mexican Real Estate

Published by Pablo D. Elders

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

Published by Pablo D. Elders

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.