BUYER'S GUIDE

DECIDING TO BUY

PREPARING TO BUY

CHOOSING A REAL ESTATE AGENT

TIME TO GO SHOPPING

ESCROW INSPECTIONS AND APPRAISALS

MOVING IN

Understanding the importance of fully grasping the process of purchasing real estate in Los Cabos has driven Baja Investments to successfully guide Mexican real estate purchasers for over 15 years. Today, Baja Investments is the recognized real estate leader in Los Cabos. In fact, we pioneered the use of Title policies and Third Party Escrow in Mexico, making your investment as safe as possible.


Each real estate transaction is guided by a full-time, bilingual closing officer who ensures the integrity of all of our closings—from start to finish. We understand the local regulations regarding ownership of real estate in Mexico by foreign investors and we put this knowledge to work for you—making sure your investment is protected and secure.

Below you will find helpful information regarding purchasing in Mexico and building your dream home. 

BUYING IN MEXICO

Yes! Ownership of real estate in Mexico is via a Mexican land trust called a fideicomiso (fee-day-coe-me-so). The trust lasts for 50 years and can be renewed indefinitely, allowing for long-term control of the asset or to pass it from generation to generation. We offer secure U.S. financing and Title Insurance on properties purchased in Mexico.

With NAFTA, the Mexican government recognized the need for safer foreign investments in Mexico. As the Mexican Constitution prohibits non-Mexicans from purchasing real estate within 60 miles of the U.S. border or 30 miles of the coast, a secure method of holding title was created—through a fideicomiso or property trust. This allows non-Mexicans ownership through a trust agreement similar to an estate trust in the U.S., granting the Purchaser full ownership rights.

In order to gain ownership, Mexico’s Department of Foreign Affairs issues a permit to a Mexican bank, allowing it to act as the Purchaser’s Trustee. The Purchaser remains the Beneficiary of the trust, with the right to use, occupy, lease, or sell the property.

Like U.S. estate trusts, the Trustee bank in Mexico acts on behalf of the Beneficiary, the Purchaser. The Beneficiary has full ownership rights, including the ability to improve or sell the property. The trust can be renewed for additional 50-year terms, providing long-term control of the asset.

As a Purchaser, you hold the same rights as property owners in the U.S. or Canada, including the rights to sell, rent, or improve the property. This is not a land lease. You are the Beneficiary of the trust, holding full ownership rights.

Baja Investments partners with Federal and State notaries for closings, ensuring your trust is secured within 60-90 days. In some cases, title transfers can happen within weeks. We oversee the entire process and ensure you understand each step, providing sample trusts in English if needed.

Payments should be made only when you hold clear title. With Third Party Escrow services, your funds are held securely until the trust is complete, and property rights are transferred.

Whether purchasing in the U.S. or Mexico, Baja Investments strongly recommends Title Insurance for all property purchases. Title Insurance is essential in ensuring that your real estate investment is secure, protecting you from potential title issues.

In the trust document, you must name the Beneficiary or foreign Owner of the property. You can name an individual, multiple partners, a foreign corporation, an estate trust, or another entity. The Trustee (Mexican bank) will act based on the direction of the Beneficiary.

 

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