How to purchase en Mexico
How foreigners can purchase real estate in Mexico's Restricted Zones
Foreigners can buy or invest in real estate in Mexico without any restriction, except along its coasts and borders. In such restricted zones, foreign individuals and branches of foreign corporations can have 100% control of real estate properties through a real estate bank trust that holds the title of the property.
In Mexico, only banking institutions may act as Trustee through the fiduciary or trust departments. A "Fideicomiso" or bank trust is defined for real estate purposes as the conservation by a Bank of a property title, a transaction that is entered into by and between a Mexican bank acting as the Trustee, a foreign individual or entity as the Trust Beneficiary and the seller as the Trustor pertaining real estate properties located in restricted zones. The bank holds the title of the property in trust for the beneficiary who in turn retains the possession and right to use and enjoy the property for residential purposes.
As Trustee, the bank represents at all times the Trust Beneficiary in transactions involving the property, such as a transfer, assignment or otherwise dispose of his or her interest in the property; and is obligated to safeguard the title per the instructions given by the Trust Beneficiary for such effects.
The trust incorporation is firstly authorized by the Ministry of Foreign Affairs, formalized before a Notary Public and recorded in the Public Registry Office of Property and Commerce. It is initially formalized for a term of 50 years, and is subject of extension for an additional 50 year term.
The bank that holds the title entrusted is legally obligated to comply with the terms and conditions outlined in the trust documents, in compliance with the permit issued by the Ministry of Foreign Affairs.
We find it important that you be aware that Mexican corporations with foreign capital are allowed to buy real estate properties directly if the properties are to be used for profitable purposes.
If you have any questions and would like a more in depth explanation, feel free to contact us by telephone, email or stop for a visit, we will be happy to answer all your questions.