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“Legal Procedures for Foreigners Buying Real Estate in Mexico”

Puerto Aventuras Real estate

How do i acquire property in Mexico as a foreigner?

Buying real estate in Mexico can be an excellent investment, especially for foreigners from countries like the United States and Canada who are looking for an attractive and warm tourist destination to vacation, retire, or even live permanently. However, it’s important to note that there are several legal procedures that must be followed to acquire property in Mexico.

"Legal Procedures for Foreigners Buying Real Estate in Mexico"

First and foremost, it’s important that foreign buyers hire the services of a local attorney who is familiar with the procedures for buying real estate in Mexico. The attorney will be responsible for carrying out the necessary legal procedures to ensure that the purchase is made safely and legally.

 

"Legal Procedures for Foreigners Buying Real Estate in Mexico"

 

Once the desired property has been selected, the foreign buyer must obtain a permit from the Mexican government known as the “Permit to Acquire Real Estate.” This permit is issued by the Ministry of Foreign Affairs (SRE) and is mandatory for foreigners to acquire real estate in Mexico. The process of obtaining this permit can take two to three months and must be initiated by the buyer’s attorney.

The next step is the signing of the property purchase-sale contract. The contract must be written in Spanish and must be reviewed and approved by the buyer’s attorney to ensure that it complies with all local laws and regulations. The contract must include the purchase price, a detailed description of the property, payment deadlines, and all conditions and clauses related to the purchase-sale.

Once the contract has been signed, the buyer must pay a deposit into a trust account. This trust account is administered by a Mexican bank and acts as a guarantor between the buyer and the seller. The buyer will be the beneficiary of the trust and will have full control over the property, including the right to sell, rent or pass the property down to their heirs.

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Finally, the buyer must obtain the property title, also known as the “Public Deed.” This document is issued by a notary public and is the legal proof of ownership. The notary public will verify the validity of the purchase-sale contract and issue the public deed on behalf of the buyer. The buyer must pay the notary public fees and the corresponding property transfer taxes.

In conclusion, buying real estate in Mexico as a foreigner from the United States or Canada can be an excellent investment, but it’s important to follow all necessary legal procedures to ensure that the purchase is made safely and legally. Hiring a local attorney and obtaining the necessary permits and legal documents are the first steps to guaranteeing a successful transaction.

Yes, the real estate transaction is subject to the excecution of multiple legal documents, therefore it is important to have a real estate attorney to guide and advise you during the process.

Post By Ro Madrid

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Investment properties Puerto Aventuras

Puerto Aventuras

Investment properties Puerto Aventuras

One of the residential areas within the Mayan Riviera with the highest added value is undoubtedly Puerto Aventuras. In recent years, the properties have not stopped increasing in price and each month it continues to rise due to the high demand for properties in Puerto Aventuras with an strategic location. 20 km from Playa del Carmen and 30 from Tulum, it is an excellent option for those looking for a safe residential area outside of busier and less safe cities such as Tulum and Playa del Carmen, so having an investment property here is very profitable and has a high percentage of return on investment since the properties in the vacation rental area have 90% annual occupancy and as an investor you have options of companies that are dedicated to the sale and administration of investment properties for vacation rentals such as Propertiesbaymx.com one of the best and most reliable real estate agencies in the area.

Puerto Aventuras

If you are interested in investing in Mexico in an area of ​​high added value and where your property can give you a high percentage of annual return on investment and you are a foreigner, at propertiesbaymx we have professional advisors who will guide you throughout the purchase process and you are looking to have a high yield in vacation rentals in your property propertiesbaymx also has a property management office for vacation rentals .

Ro Madrid

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Steps to buying a property

Buying a property

Steps to Buying a property

Welcome to PropertiesBayMX, your ultimate destination for buying a property in Mexico. Whether you’re searching for a vacation home, an investment property, or a place to settle down, PropertiesBayMX is here to guide you every step of the way.

Buying a property in Mexico offers incredible opportunities, and PropertiesBayMX specializes in making this process smooth and rewarding. Our expert team understands the local market intricacies and will help you find the perfect property that meets your needs and exceeds your expectations.

At PropertiesBayMX, we believe in transparency and dedication to our clients. We provide detailed listings and personalized advice to ensure you make informed decisions when buying a property. From luxury villas to beachfront condos, our diverse portfolio caters to various preferences and budgets.

Explore our website to discover exclusive listings and valuable resources on buying a property in Mexico. Contact us today to start your journey towards owning your dream property with PropertiesBayMX.

– Find the property and submit an offer.

If the offer is accepted.

– Conduct due diligence in order to verufy that the property is in good legal standing.

-Draft the escrow and purchase agreement in both Spanish and English

-Coordinate with the notary and the trustee bank the draft of the deed that will contain the trust

-Move funds to escrow

-Set closing date to execute the deed

-Release funds from escrow, once the terms and conditions agreed by the parties are met

-Recieve certified copy of deed.

 

 

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How do i acquire property in Mexico as a foreigner?

acquire property in Mexico

How do i acquire property in Mexico as a foreigner?

Foreigners may obtain direct ownership of property within Mexican territory. However, foregners cannot hold title to property withing 100km from the border and 50 km from the coastline.

However, there is a system in Mexico that allows non-Mexicans to purchase property, providing great protection for the property owner.

In order to purchase real estate foreigners must aquire the property through a bank trust, formalized with a Mexican Banking Institution. As a buyer, you will be designated as the main beneficiary and can designate substitute beneficiaries in the event of death, tat way avoiding probate procedures upon death.

The bank trust is established for 50 years, renewable for the same period of time prior to expiration, the trust bank will let you know that it’s time to extend the term for another 50 years.

Can i acquire through an LLC?

Yes, the trustee bank would designate the LLC as the main beneficiary of the trust. However, since the LLC is a foreign entity, there are additional requirements for such an LLC to conduct business in Mexico.

Can I acquire in Co- Ownership?

Yes . In the trust, oth co-owners will be designated as main beneficiaries. It’s common that such co-owners designate themselves as substiture  beneficiaries, and they can also designate 3rd parties, as substituitive beneficiaries in the event of death.

If the bank holding my trust ceases doing my business, is there any risk of losing my property?

No . With the assistance of the Mexican Banking comisión, the trustee bank would be replaced by another.

What are my closing costs?

Closing costs are typically paid by the buyer and vary on a case to case basis, depending on the purchase Price, and are usually between 5% to9% of the purchase Price. Closing costs include notary fees, government taxes and duties, trustee bank fees, government permits, among others.

What is the role of a Public Notary in Mexico?

The public Notary is a government appointed oficial. Part of his responsibility is to calculate, retain and pay taxes on behalf of both the buyer and the sellerat closing. The notary will issue a deed by means of which the real estate transaction will be formalized, and this document is recorded in the public registry.

Propery taxes.

Propery taxes are very low in Mexico. The vary according to jurisdiction in Mexico in which your property is located. Taxes are paid annually, with the assesses value being determined at the time of the sale and base don the purchase Price.

Do i need an attorney?

Yes, the real estate transaction is subject to the excecution of multiple legal documents, therefore it is important to have a real estate attorney to guide and advise you during the process.

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