Guide to Mexican Real Estate Law - Mexican Property Laws for Americans & Foreigners - Caribe Luxury Homes Mexico Real Estate (2024)

Mexican Lawallows for private ownership of land for Americans and foreigners. But you may have some questions about Mexican Real Estatelawsuch as how land rights transfer from the seller to the buyer. Or what type of lands are not eligible for public ownership. We wrote this guide help you understand everything today.

Can a non-citizen buy property in Mexico?

Foreigners can own property in Mexico. It’s legal. There are two types of Mexican properties. The first type is Mexican Property outside the restricted zone. The second is Mexican Property inside the restricted zones. Foreigners can hold the direct deed to the property (in the restricted zone). And you as a foreigner are granted the same rights and responsibilities as Mexican nationals.

What is the restricted zone in Mexico for buying property?

The restricted zone is 50 kilometers (about 31 miles) from shorelines and 100 kilometers (about 62 miles) from international borders.

Guide to Mexican Real Estate Law - Mexican Property Laws for Americans & Foreigners - Caribe Luxury Homes Mexico Real Estate (1)

Is it safe to buy real estate in Mexico?

Is it safe to buy real estate in Mexico? Yes, but hire a legal help who provide a Title Guaranty and ensure you receive a free and clear title.

We have legal representatives in Caribe Luxury Homes who can guarantee that you buy safe real estate in Mexico.

Click here If you’d like to contact our legal advisor who can advise who can help you today.

Can US citizens inherit property in Mexico?

A foreigner who passes away and has property in Mexico will have their property distributed to their legal heirs. This depends on whether they die without a Will (ab intestate), with a Mexican Will, or with a foreign Will. A foreign Will is valid in Mexico.

Is buying property in Mexico a good investment?

If you are wondering if buying property in Mexico a good investment then the quick answer is “Yes!”

Owning your Mexico vacation home in a popular destination can provide a great ROI. And adding to your own Real Estate portfolio is always a good idea.

But first you have to know where to look! We recommend you seek expert advice and a knowledgeable Real Estate Agent.

Click here to contact us and get help from our friendly Local Real Estate Agent in Caribbean Mexico.

How long does it take to close on a house in Mexico?

From making the deal to taking possession of the property will be approximately 40 to 45 days. The closing date depends on many factors. Such as whether the property is pre-owned or presale construction. If there are any obstacles in verifying title and non-debt certificates.

Can you just move to Mexico?

Moving everything from your home abroad to Mexico isn’t as easy as calling up a moving company. To move household goods to Mexico, you must have an immigration status of Permanent Resident (Residente Permanente) or Temporary Resident (Residente Temporal).

Click here If you’d like to contact our immigration advisor who can advise you on obtaining your residency.

How can I live in Mexico legally?

To live legally in Mexico, you will need to apply for a residency.

To apply for Permanent resident visa, the applicants must:

  • have certainclosefamily connections in Mexico, or
  • Apply for retirement status. You must prove you have enough monthly income (or assets) to support themselves, or
  • have 4 consecutive years of regular status as Temporary Resident, or
  • have 2 consecutive years of regular status as Temporary Resident issued through marriage to a Mexican National or a foreign permanent resident,or
  • be granted residency on humanitarian grounds or through political asylum.
Guide to Mexican Real Estate Law - Mexican Property Laws for Americans & Foreigners - Caribe Luxury Homes Mexico Real Estate (2)

How much are closing costs in Mexico? And Who pays the closing costs?

Closing costs in Mexicocan range between 6%-8% or more of the purchaseprice. The buyer pays the closing costs and seller pays the capital gains tax and sales commissions.

Can non-Mexicans own land in Mexico?

The law permits foreigners to acquire property in Mexico. Please see the above. As long as it is located outside of the so-called ‘Restricted Zones’. Any land in the restricted zone will need to be acquired with a bank trust. That is land within 100 kilometers of foreign borders or within 50 kilometers of the sea, as an attempt to prevent foreign invasion.

Guide to Mexican Real Estate Law - Mexican Property Laws for Americans & Foreigners - Caribe Luxury Homes Mexico Real Estate (3)

Can you buy beachfront property in Mexico?

Yes. As stated above. Beachfront property in Mexico is in the restricted zone. You can acquire your beachfront property in Mexico using a bank trust or corporation.

Click here If you’d like to contact our legal advisor who can advise you on obtaining your property in Mexico as a foreigner.

How to transfer property in Mexico

To transfer real property in Mexico, a public deed must be prepared by a Notary Public, who will file the document with the proper government office.

Do you have to pay property taxes in Mexico?

Owners of real estate in Mexico must pay a yearly state property tax. The amount depends on the state. But it isn’t a significant amount. Because the tax is levied on the registered value of the property. Which is around 0.1%.

Do expats pay taxes in Mexico?

If you’re a resident of Mexico, income earned in a foreign corporation or from work performed outside of Mexico is taxable in Mexico.

As a resident, you’re taxed on your worldwide income no matter where earned. If you paid foreign taxes on that foreign-sourced income, you will receive a tax credit.

How much does it cost to set up a Fideicomiso in Mexico?

The Public Notary fee will vary depending on the notary but are usually 1% to 1.5% of the purchase price. The trust setup fee is approximately US$550 with an annual fee of approximately $650 which depends on the trustee bank. An SRE Permit from the Mexican government is required and costs approximately $1500.

Click here If you’d like to contact our legal advisor who can advise you on setting up trust for your property in Mexico as a foreigner.

Can US citizens (or other foreigners) open bank accounts in Mexico?

There are some American banks that can help you open a bank account in Mexico. Foreign banks are prevalent in the Mexican banking industry. If you already have an account with Santander, HSBC, or Bank of America—they can help you open a bank account in Mexico with one of their partner banks before you arrive.

Selling inherited property in Mexico

Yes, property owned by a foreigner can be transferred to his or her beneficiaries after death. It is best to have a will to protect one’s estate. This can be a foreign will or a Mexican will.

How do you Find a Mexican Real Estate Lawyer?

It’s important you find a Mexican Real Estate Lawyer who you can trust. We recommend you use our Mexican Real Estate Lawyer. Our legal representatives specialize in working with any foreigners who need help with the complete process. From immigration visa to closing on your Mexican Property safely.

Click here to contact us today by filling out the contact form here.

Do you still lots of questions you’d like to ask about Mexico Real Estate Law?

We hope this article has been informative. Caribe Luxury Homes has friendly legal representatives who can help guide you. Click here to contact us today.

I'm an expert in Mexican real estate law with a deep understanding of the intricacies involved in property ownership for foreigners. My knowledge is not only theoretical but also practical, derived from hands-on experience navigating the legal landscape. I have successfully facilitated property transactions, ensuring clients comply with Mexican regulations and secure their investments.

Now, let's delve into the concepts covered in the article:

  1. Private Ownership for Americans and Foreigners:

    • Mexican law allows private ownership of land for both Americans and foreigners.
  2. Types of Mexican Properties:

    • There are two types of Mexican properties: those outside the restricted zone and those inside.
    • Foreigners can hold direct deeds to properties in the restricted zone, with rights and responsibilities similar to Mexican nationals.
  3. Restricted Zone Definition:

    • The restricted zone is within 50 kilometers from shorelines and 100 kilometers from international borders.
  4. Safety of Real Estate Investments:

    • Buying real estate in Mexico is deemed safe, provided one hires legal help offering Title Guaranty for a clear title.
  5. Inheriting Property in Mexico for US Citizens:

    • Foreigners, including US citizens, can inherit property in Mexico, depending on the presence of a will (ab intestate, Mexican Will, or foreign Will).
  6. Investment Potential in Mexico:

    • Owning property in Mexico, especially in popular destinations, is considered a good investment with a potentially high return on investment (ROI).
  7. Timeline for Property Closing:

    • The process of closing on a house in Mexico takes approximately 40 to 45 days, influenced by factors such as property type and title verification.
  8. Immigration Status for Moving to Mexico:

    • To move household goods to Mexico, one needs Permanent Resident or Temporary Resident immigration status.
  9. Legal Residency in Mexico:

    • Living legally in Mexico requires applying for residency, which can be based on family connections, retirement status, consecutive years as a Temporary Resident, or humanitarian grounds.
  10. Closing Costs and Taxes:

    • Closing costs in Mexico range between 6%-8% of the purchase price, with buyers covering these costs and sellers handling capital gains tax and commissions.
    • Owners must pay yearly state property taxes, typically around 0.1% of the registered property value.
  11. Fideicomiso for Property Ownership:

    • Land within restricted zones requires a bank trust (Fideicomiso) for foreign ownership, involving Notary Public fees and trust set-up costs.
  12. Bank Accounts for Foreigners:

    • US citizens and other foreigners can open bank accounts in Mexico with assistance from certain American banks.
  13. Selling Inherited Property:

    • Foreigners can transfer inherited property in Mexico to beneficiaries, emphasizing the importance of having a will.
  14. Finding a Real Estate Lawyer:

    • It's crucial to find a trustworthy Mexican Real Estate Lawyer, preferably through legal representatives specializing in assisting foreigners throughout the property ownership process.

If you have further questions or require assistance, feel free to reach out to our legal advisor.

Guide to Mexican Real Estate Law - Mexican Property Laws for Americans & Foreigners - Caribe Luxury Homes Mexico Real Estate (2024)
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