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Frequently asked questions

Everything foreign buyers
ask before purchasing

Buying property in a foreign country raises real questions about law, taxes, financing, and safety. Here are honest, specific answers — the same ones we give our clients before they ever make an offer.

Ownership & legal

Can foreigners legally own property in Mexico?

Yes. Foreigners can own property anywhere in Mexico with full rights. The only distinction is the "restricted zone" — land within 50 km of the coastline or 100 km of an international border. Inside that zone, foreign buyers hold residential property through a bank trust (fideicomiso) or, for commercial use, a Mexican corporation. Outside the restricted zone, foreigners can hold title directly (fee simple).

What is a fideicomiso and is it safe?

A fideicomiso is a 50-year renewable bank trust used to hold property in the restricted zone. A Mexican bank acts as trustee and holds legal title, but you — the beneficiary — retain every ownership right: to use, rent, renovate, mortgage, sell, or bequeath the property. The bank cannot sell or encumber it without your written instruction. It is a well-established, government-regulated instrument used by hundreds of thousands of foreign owners. It is not a lease and it is not part of the bank’s balance sheet.

What is ejido land and why should I avoid it?

Ejido land is communally held agricultural land governed by community assembly, not private title. It cannot be legally sold to a foreigner (or often to anyone) until it has been formally privatized and titled — a process that is slow and frequently incomplete. Buying "ejido" property on a private contract is one of the most common ways foreign buyers lose money in Mexico. We verify title status on every property before you ever see it, and we walk away from anything that isn’t clean, privatized, registered title.

What does the notario (notary) do?

A Mexican notario público is a highly qualified, government-appointed attorney — not a clerk. The notario verifies title, checks for liens and back taxes, calculates and withholds transfer taxes, and formalizes the deed (escritura) in the public registry. The transaction is not legally complete until the notario records it. You are entitled to choose your own notario, and we recommend independent ones with no tie to the seller or developer.

How do I confirm the property has clean title?

Through a formal title search (folio real) at the Public Registry of Property, plus a certificate of no-liens (certificado de libertad de gravamen), a current predial (property tax) receipt, and confirmation the seller is the registered owner. We coordinate this due diligence with an independent attorney before any funds move. Never rely on the seller’s word or an unregistered private contract.

Costs & taxes

What are the typical closing costs?

Budget roughly 5%–8% of the purchase price for closing costs. This includes the acquisition tax (ISABI, ~2%–4.5% depending on the state), notario fees, registry fees, the fideicomiso setup fee and first-year trustee fee (if in the restricted zone), and appraisal. Closing costs are almost always paid by the buyer. We provide an itemized estimate before you commit.

What are the ongoing property taxes?

Annual property tax (predial) in Mexico is remarkably low — typically a few hundred US dollars per year even on high-value coastal homes, because it is assessed on cadastral value rather than market value. If your property is in a fideicomiso, you also pay an annual trustee fee to the bank (commonly USD $500–$800). HOA or condominium fees, where applicable, are separate.

Will I owe capital gains tax when I sell?

Possibly. Mexico levies ISR (income tax) on the gain from a sale. Residents who can prove the property was their primary home may qualify for a substantial exemption. Non-residents are generally taxed on the gain, with mechanisms to deduct documented improvements and costs. Keeping every factura (official invoice) for renovations is essential to reduce the taxable gain. We connect you with a cross-border tax advisor before you buy so the exit is planned from day one.

How is rental income taxed?

Rental income earned in Mexico is taxable in Mexico, and you must register with the tax authority (SAT) and typically charge IVA (VAT) on short-term rentals. Platforms such as Airbnb withhold a portion automatically. Depending on your home country, you may also have reporting obligations there, often offset by tax treaties. Our concierge introduces you to accountants who handle expat rental structures.

Financing & payment

Can foreigners get a mortgage in Mexico?

It is possible but not the norm. Mexican-peso mortgages for foreigners exist but carry higher rates and heavy documentation. More commonly, foreign buyers pay cash, use cross-border USD-denominated lenders, tap home-country equity (HELOC/refinance), or use developer financing on pre-construction. We maintain relationships with cross-border mortgage brokers and private credit funds and can make introductions based on your profile.

How are funds transferred safely?

Funds are generally wired to the notario’s or a formal escrow account, not directly to the seller. Reputable escrow services (often US-based, title-insured) are available for larger transactions. We insist on documented, traceable payment channels and never advise wiring a deposit to a personal account before due diligence clears.

Should I worry about currency risk?

If you earn in one currency and buy in another, exchange-rate movements affect your real cost. For larger purchases we can introduce FX specialists who offer forward contracts to lock a rate, avoiding the spread and timing risk of a same-day bank conversion.

The buying process

What are the steps from offer to keys?

In broad strokes: (1) define your criteria and shortlist, (2) view properties in person or virtually, (3) make a written offer and sign a promissory agreement (contrato de promesa) with a deposit, (4) due diligence and title search, (5) the notario prepares the deed and, if needed, the fideicomiso permit from the Foreign Affairs Ministry, (6) sign the escritura and pay the balance, (7) registration and handover. We manage and track every step for you.

How long does a purchase take?

A straightforward resale typically closes in 30–60 days. Restricted-zone purchases that require a new fideicomiso, or transactions with title issues to resolve, can take 60–90 days. Pre-construction follows the developer’s payment and delivery schedule, which can span months to years.

Can I buy remotely without flying to Mexico?

Yes. Many of our clients complete purchases remotely using a power of attorney granted to a trusted local attorney, virtual tours, and video walk-throughs. That said, we strongly encourage at least one in-person visit for significant purchases, and we can arrange a structured buying trip.

What are the biggest mistakes foreign buyers make?

Buying ejido or untitled land, wiring deposits before due diligence, using the seller’s notario and attorney, underestimating closing costs, skipping a proper title search, and trusting verbal promises about permits or zoning. Every one of these is avoidable with independent, buyer-side representation.

Living & residency

Do I need residency to buy property?

No. You can buy as a tourist. However, owning property can support a residency application, and becoming a temporary or permanent resident brings benefits: easier banking, a primary-residence capital-gains exemption on sale, and simpler long-term stays. We can point you to immigration specialists.

Is it safe to live and invest there?

Safety varies sharply by region, and the destinations we focus on — such as the Yucatán (among the safest states in Mexico), established Riviera Maya communities, and expat hubs like San Miguel de Allende — are chosen partly for their security and quality of life. We give candid, location-specific guidance rather than blanket reassurance.

What about healthcare and cost of living?

Mexico offers high-quality private healthcare at a fraction of US costs, and the overall cost of living is typically far lower. Many expats combine private insurance with out-of-pocket care. Our destination guides cover local specifics on healthcare, schools, and amenities.

Working with Living Real Estate Guide

Who do you represent — buyers or sellers?

Buyers, exclusively. We never list properties, never represent developers, and never accept referral fees from sellers. Our fee is a fixed advisory retainer disclosed upfront, so our only incentive is to get you the right property at the right price.

How much does your advisory cost?

We charge a fixed advisory retainer agreed before we begin, based on the scope of your search — not a percentage that grows with the price you pay. You will know the number before you engage. There are no hidden commissions.

How do I get started?

Book a free 30-minute concierge call. We discuss your goals, budget, timeline, and target destinations, then match you with a specialist. Reach us on WhatsApp or through our contact form — our concierge responds within minutes during business hours.

This page is general educational information, not legal or tax advice. Laws vary by state and change over time. Always confirm specifics with a licensed Mexican attorney (notario) and a cross-border tax advisor — introductions we are glad to make.

Still have a question?

Book a free 30-minute concierge call. No pitch — just an honest conversation about your search, your timeline, and what we can show you.

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