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Can I buy a property in Mexico as a foreigner to this country?

Yes, you can buy oceanfront and Merida Centro properties in Mexico as a foreigner to this country within what is called the “restricted zone”.  The “restricted zone” is considered the land area located 100 kilometers from an international border and up to 50 kilometers inland from the ocean. As a foreigner to Mexico there are two ways to buy Real Estate within the “restricted zone”. The first method is the Bank Trust (Fideicomiso). It is valid for 50 years and it can be renewed after that for another 50 years and so on as long as your heirs decide to continue paying the yearly bank fee. The bank is the Trustee and you are the Beneficiary. The yearly bank fee usually ranges between 400 to 700 USD depending on the property size and value.  This method of owning beachfront property in Mexico through a Fideicomiso is very safe and has been in place since the 1970s.

The second way of owning is through the creation of a Mexican Corporation. You need at least two shareholders to set up the Mexican Corporation and they can both be foreigners to Mexico. Once it is set up, the corporation will buy the property you desire and hold the Title to this property. Your corporation holds the title, but you own the corporation, so the property is yours. It is just like owning property through an LLC back home. You can have multiple properties including commercial Real Estate under one corporation if you so desired. This method of owning property in Mexico for foreigners has been in place since the 1990s and is also a safe way of buying in the “restricted zone”.
This method is very useful to clients who plan to run a business here in Mexico or if they are planning on buying multiple properties here.  You will need to obtain a local accountant to do your monthly and end of the year tax filings. You will also need to obtain a temporary or permanent residency card and acquire a Mexican tax ID number.  Your local attorney can help you with this process.


Is financing available through a Mexican Bank or through the seller?

There is no financing on properties such as the ones we represent here in the Yucatan. For the most part, transactions here are in cash when referring to beach properties and colonial homes. The cash transactions are done via bank wire transfers. You would have to arrange your own financing back home. Usually, if clients have the ability to, they will sell off other assets, they will get an equity line of credit on their home back in the States or Canada, or they will use their savings. With the cash from one of the above or other methods, the clients purchase the property in Mexico.

Some sellers will offer owner financing, but this is usually not the case.  Sometimes with a large deposit of 50% or more and a short-term financing plan some sellers will consider the owner financing option to help out the buyer.


What are the procedures to close on a property?

The following are the procedures to close on a property after viewing the home or lot and deciding to proceed with the purchase.


We verbally negotiate a price and terms of the agreement with the seller and we then write up an offer (preliminary purchase agreement). This agreement specifies who the buyers are, who the sellers are, the offer price, deposit amount, deposit due date, the date of closing and other specification that have been agreed upon by both parties.
   
A 10% deposit is required to take a property off the market.  This deposit is due within a 5-day period from the signing of the preliminary purchase agreement. The deposit funds are sent to an Escrow account.  These funds are not given to the seller until the time of closing.

The closing attorney will get in touch with you via email or by telephone. Should you not be attending the closing, you will need a Power of Attorney (POA). The closing attorney will use this POA to close on your behalf. If you are coming to closing, you do not need the POA.

Since the property will be in a Fideicomiso (Bank Trust), you will need to decide who the beneficiary of your trust will be should something happen to you. You will provide this information on the client information (CIF) form. This form will be emailed to you once the deposit is received into Escrow.  If you are setting up a Mexican Corporation, then you will need to have a Mexican Will drawn up by your attorney at the time the Corporation is set up.

The final wire is sent direct to the seller's account on the day of closing and the closing takes place once funds are received into the seller's account.  All parties sign and you will then own the property. The time frame to close on a property is 30-45 days.