Buying Process FAQs

Everything you need to know about the the Buying Process in Mexico.
1. Can a foreigner purchase property in Mexico?
Yes,foreigners can purchase property in Mexico, except in restricted zones, whichinclude areas within 100 km of borders and 50 km of coastlines.
2. What is considered a restricted zone in Mexico?
A restricted zone refers to areas within 100 km of Mexico’s borders and 50 km of its coastlines.
3. Can a foreigner purchase property in restricted zones?
Yes, but foreigners cannot purchase properties directly in restricted zones. They must use a bank trust (fideicomiso) or form a Mexican corporation.
Purchasing Property in Non-Restricted Zones
4. Can a foreigner purchase property outside the restricted zone?
Yes, foreigners can buy property outside the restricted zone without restrictions.
5. Is any special permission required to purchase outside the restricted zone?
No, no special permission is required for property purchases outside the restricted zone.
6. What are non-restricted zones in Mexico?
Any area located outside the 100 km from borders and 50 km from coastlines is considered a non-restricted zone.
Purchasing Property in Restricted Zones through a Bank Trust (Fideicomiso)
7. What is a bank trust (fideicomiso)?
It is a legal agreement in which a Mexican bank holds the title to the property, but the foreigner has all rights of use and enjoyment.
8. How long does a bank trust last?
A bank trust lasts for an initial period of 50 years, with the option to renew for additional terms.
9. What rights does a foreigner have under a fideicomiso?
The foreigner has the same rights as a Mexican property owner: they can use, enjoy, rent, sell, or inherit the property.
10. Which banks offer fideicomiso services in Mexico?
Banks such as Bancomer, Banamex, Santander, and HSBC offer fideicomiso services.
11. What is the cost of a fideicomiso?
The costs include an initial fee for establishing the trust and an annual maintenance fee, as well as notary fees and taxes.
12. Is it possible to sell a property under a fideicomiso?
Yes, the foreigner can sell the property, and the trust will be transferred to the new buyer.
Permission from the Ministry of Foreign Affairs (SRE)
13. What is the SRE permit for purchasing property in restricted zones?
It is a permit issued by the Ministry of Foreign Affairs (SRE) of Mexico, allowing the bank to establish the fideicomiso on behalf of the foreign buyer.
14. How long does it take to obtain the SRE permit?
It typically takes between 2 to 4 weeks to obtain the permit.
15. Who requests the SRE permit?
The bank acting as the trustee submits the request on behalf of the foreign buyer.
16. Is the SRE permit required for properties outside the restricted zone?
No, it is only required for properties within restricted zones.
General Purchasing Process for Foreigners
17. What are the steps to purchasing a property in Mexico?
1. Choose the property.
2. Sign the purchase agreement.
3. Request the fideicomiso from the bank (for restricted zones).
4. Obtain the SRE permit (for restricted zones).
5. Sign the public deed before a notary.
6. Register the property with the Public Registry of Property.
18. What documents are required to purchase property in Mexico?
Required documents include the foreign buyer’s passport, the purchase agreement, and the public deed of the property.
19. Is it necessary to hire a lawyer to buy property in Mexico?
While not mandatory, it is highly recommended to work with a real estate lawyer to review documents and ensure the legality of the transaction.
20. Is it mandatory to have a notary for property purchases in Mexico?
Yes, the purchase must be formalized through a notary public, who drafts and authenticates the deed.
21. What is the role of a notary in the property purchase process?
The notary verifies the legality of the transaction, prepares the public deed, and registers it with the Public Registry of Property.
Legal and Tax Considerations
22. What taxes must be paid when buying property in Mexico?
Taxes include the property acquisition tax and property tax (predial).
23. What is the percentage of the property acquisition tax?
The tax varies by state, typically ranging from 2% to 4% of the property’s value.
24. Are there tax incentives for foreigners purchasing property in Mexico?
No specific tax incentives exist for foreigners, but Mexican tax laws are competitive.
25. Do foreigners need to declare the property in their home country?
This depends on the tax laws of the foreign buyer’s home country, so consulting with a tax advisor is recommended.
26. Can a foreigner finance the purchase of a property?
Yes, some Mexican banks offer mortgages to foreigners.
Alternative: Purchasing through a Mexican Corporation
27. Is it possible to avoid the fideicomiso?
Yes, foreigners can form a Mexican corporation, which can directly purchase property without the need for a fideicomiso.
28. What is required to establish a Mexican corporation?
The foreign buyer must comply with Mexican tax and legal regulations to form a corporation.
29. Does the corporation need to have Mexican partners?
No, the corporation can be 100% foreign-owned.
30. What are the advantages of purchasing through a corporation?
It allows direct ownership without the need for a bank trust.
31. What are the disadvantages of purchasing through a corporation?
It can be more expensive and requires ongoing compliance with Mexican tax and legal obligations.
Specific Considerations for Foreigners
32. What rights does a foreigner have in relation to a property purchased in Mexico?
A foreigner has the same rights as a Mexican property owner if they purchase outside the restricted zone or through a fideicomiso.
33. Can a property under a fideicomiso be inherited?
Yes, the property can be inherited by designated beneficiaries under the terms of the fideicomiso.
34. What happens if the foreigner decides to sell the property?
They can sell the property at any time, and the trust will transfer to the new owner.
35. Is it difficult to sell a property under a fideicomiso?
No, the process is similar to selling any other property.
Costs and Fees
36. What are the notary fees?
Notary fees typically range between 1% and 2% of the property’s value.
37. What other costs are involved in purchasing property?
Other costs include registration fees, certificates of no encumbrance, and administrative fees.
38. Is it common to pay a real estate agent commission?
Yes, real estate commissions are usually paid by the seller, though this may vary.
39. How much does it cost to maintain a fideicomiso?
The annual maintenance fee varies, generally ranging between $500 and $1,000 USD per year.
40. Is it safe for foreigners to buy property in Mexico?
Yes, the process is safe as long as all legal procedures are followed correctly.
41. What are the main border cities where foreigners purchase property?
Tijuana and Ciudad Juárez are two of the most popular border cities due to their proximity to the United States.
42. What features do foreigners typically look for in Mexican properties?
Foreigners often seek properties with good security, prime locations, proximity to services, and in coastal areas, access to beaches and scenic views.
43. Is it necessary to obtain an RFC (Tax ID) to buy property in Mexico?
No, an RFC is not required for the purchase itself, but it is recommended if the foreigner plans to carry out commercial transactions or wants to deduct taxes related to the property.
44. What happens if a foreigner wants to rent out their property in Mexico?
Foreigners can rent out their properties in Mexico without restrictions. If the property is under a fideicomiso, there are no limitations on renting it out.
45. What documents are required to register the property with the Public Registry of Property?
The necessary documents include the public deed issued by the notary, the SRE permit (if applicable), and the buyer’s identification, such as a passport.
Professional Assistance
46. Is it recommended to hire a real estate agent in Mexico?
Yes, it is advisable to work with a local real estate agent who understands the market and can help navigate the purchase process, including negotiations and paperwork.
47. What role does a notary play in the property purchase process?
A notary verifies the legality of the transaction, prepares the public deed, and registers the property with the Public Registry of Property.
Financing
48. Do Mexican banks offer mortgages to foreigners?
Yes, several Mexican banks offer mortgages to foreigners, but the terms and interest rates may vary depending on the institution and the buyer’s financial profile.
49. What are the requirements for obtaining a mortgage as a foreigner in Mexico?
Requirements typically include proof of credit history, verifiable income, and a valid passport. Each bank has specific criteria that the foreign buyer must meet.
50. Is it advisable for a foreigner to finance the purchase of property in Mexico?
This depends on the individual’s financial situation. Some foreigners prefer to pay in cash, while others take advantage of mortgage loans offered by Mexican banks.
Security Concerns
51. Is it safe for foreigners to buy property in Mexico?
Yes, buying property in Mexico is safe if all the legal procedures are followed. Working with reputable professionals, such as a notary, lawyer, and real estate agent, helps ensure the transaction is secure.
52. What precautions should a foreigner take when buying property in Mexico?
Precautions include ensuring that the title of the property is clear, verifying that the property is free of liens, and working with a trusted notary and lawyer.
53. What are the most common issues foreigners face when buying property in Mexico?
Common issues include incomplete property titles, lack of clarity regarding fideicomiso restrictions, and potential zoning problems in certain areas.
54. Is it common for foreigners to buy property in new developments?
Yes, many foreigners invest in new developments or pre-construction projects, especially in tourist areas where modern amenities and luxury options are highly attractive.

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