How to Buy Property in Mexico


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Choosing Your Realtor in Mexico

            Home to luxury resort living and breathtaking landscapes, Rocky Point is a flourishing beach community with a wide selection of real estate opportunities. However, when it comes to buying and selling property in Mexico, finding the right realtor to work with might seem easier said than done. How will you know if you’re making the right choice? What sort of things should you consider? 
            One thing to look for is a realtor who is comfortable and familiar with the area. Our associates at RE/MAX live and work in the same place and are very committed to their community. Our family owned company has spent over 30 years in Rocky Point, so we have experience and community connections.
            Experience and proper training make all the difference. You want someone who knows what they are doing. We train our agents weekly and their education allows them to sell more real estate property than other companies. All of the RE/MAX team members are extremely qualified and equipped to manage any property. 
            Having a realtor with excellent communication skills is also key, especially when you are dealing with property in a foreign country. Our company has a guaranteed open line of communication seven days a week and is always looking for ways to change for the better. We’re constantly checking in with both our clients and our agents. 
            Consider a real estate company with outstanding exposure and a positive market presence.  RE/MAX is one of the fastest real estate franchise networks on the planet. The large majority of our business comes from repeats and referrals, as we see client satisfaction being of the utmost importance. 
            These are a few of the important qualities that a professional realtor should have, and at RE/MAX we’ve got them all. Join us in the search for your dream property in Rocky Point and we’ll ensure that all of your questions get answered so that you feel confident and educated in all of your real estate decisions. 

Buying real estate in Rocky Point Mexico can be a great opportunity. With professional representation, a basic understanding of the process and a direct line of communication RE/MAX is here for you. We are always available to answer questions making opportunity more about what you want in a property and a comfortable feeling of knowing you are taken care of.

Below we will be creating for you a snap shot if you will showing the following

  • Professional RE/MAX representation and our value to you.

  • The process of buying with RE/MAX in Rocky Point, Mexico.

  • Our communication to you and our RE/MAX Trust Department.

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Professional RE/MAX representation and our value to you

At RE/MAX we are here to provide you with a safe and secure transaction.

Why use RE/MAX in Rocky Point Mexico?

  • RE/MAXagents are full time professionals full time in Rocky Point! 

  • Licensed Agents in the state of Sonora Mexico!

  • Full time staff, Broker, Trust Department Coordinator full time in Rocky Point!

  • Experienced agents that know the market and can help you find the best deals!

  • Office open 7 days a week!

  • Training focused on buyer and seller representation with a goal no greater than increasing our character and competence!

  • Focused efforts on qualified buyers and sellers giving us the experience to best serve you the serious buyer!

  • Family owned and operated enjoying Rocky Point for 30 years!

  • 9 years experience in the Rocky Point Real Estate Industry!

  • Systems in place to protect you!

Rocky Point has a great deal to offer and we are here to help you see the value in our beach front community and us.

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The process of buying in Rocky Point Mexico

Below is a step by step guide to how the process goes with RE/MAX Rocky Point

  • First and foremost is proper representation - our goal is to qualify all our buyers to see there motivation and ask important questions giving us the chance to truly know their needs.

  • Next we will let you know a bit about us and the realtor you are working with backed by a testimonial because the client says it best!     Testimonials

  • We will ask you specific questions making sure we understand your needs ie cash or terms, ocean view or ocean front, price point and desired use being personal or business/rental just to name a few.

  • From this point we are able to move forward aggresively putting together for you a detailed spreadsheet of current opportunities meeting your criteria.

  • Our goal is from this point to narrow the search so that when you come to Rocky Point you can enjoy looking at properties and your vacation.

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When we find the right property that feels like a home away from home we are then in a position to make an offer. At RE/MAX we make sure you are protected by putting contingencies in place on the offer.

For Example -

Offer contingent upon

  • RE/MAX Trust Department reviewing all documentation verifying clear proof of ownership.

  • Contingent upon buyers review and exceptance of closing cost ( estimated 4 - 6% of sale price )

  • RE/MAX Trust Department to Close RE/MAX in house Closing Department

Continued -
 

  • We will send you the offer which is in english and spanish for review and signature asking you initial each page and sign the last page. By all means if any question are to come up we are here for you and will not move forward until you are 100% comfortable.

  • With all offers we request earnest monies that will vary depending upon the sale price of the property.

    • $5,000.00 is standard but can shift down if the property is below $75,000 and or increase if above $300,000

    • If earnest monies is by way of check we will hold the check uncashed until accepted.

    • If the money is wired it will be into our escrow account - it is important to note this is non facilitation RE/MAX account in the US and only for earnest monies.

  • Most offers in todays market are being presented with a - valid for 1 to 3 days.

    • Important all buyers understand this is not the US and recently we have seen aggressive offers with 1 day given to answer that has put all parties involved in a position due to sellers being unreachable.

  • With seller financing we are seeing as low as 10% down, 6% interest and a 5 to 6 year balloon.

    • Again with seller financing in Mexico 6% in a solid interest rate - this is not the US.

    • Although 6% is a good interest rate for todays market as your buyers agent we would recommend coming in at 4% and try to get acceptence of 4.5%.

  • All offers have a - To Close On or Before date which will usually be around 3 to 4 weeks from the acceptence date. To push for a close to happen sooner rather than later has at times put us and our client in a position that actually extends the closing past the reasonable date we would have recommended.

  • Once the offer is accepted if this is a listing represented by an outside brokerage we will have your RE/MAX agent turn in a packet with all necessary documentation to move forward.

  • Reyna Molina - Trust Coordinator will then review all documentation and verify you are protected and we are safe to move forward setting up a closing date.

  • Reyna will then go to work aggressively representing you verifying we have all documentation needed. She will verify with our Trusted attorney Luis Larrinaga that the property is in good standing.

Below is a review of documentation needed

Buyer

  • Drivers license copy
  • Passport copy
  • Proof of residence x 2 - water or electric bill
  • FM3 if the property will be rented
  • FMT if the property is just being used for personal
  • List of beneficiaries

There are a number of ways you can hold title on property in Mexico

  • Banktrust in the name of an LLC
  • Banktrust in your name
  • Private Contract - if you are doing seller financing
  • Mexican Coorporation
  • Mexican Title
  • Guarantee Trust - Keep in mind not all banks offer this as an option
    • The Guarantee Trust is an option if seller financing was involved
    • The benefit is your name will be on the Trust
    • The down side is not all banks offer this option and to switch banks would cause added cost of cancelling current trust.

With all transactions we encourage our clients to have a private contract to protect them when doing seller financing and or paying cash. The cost is an estimated $900.00 which we recommend being split by both buyer and seller but the value is far greater.

We will be creating links to pages that go into detail about the different options of how you can purchase your condo, home or lot in Rocky Point Mexico.

With a closing date set we are then in a position to give an accurate estimate of closing cost for your review and acceptance. Understand we will need a set date for closing so we can pro-rate HOAs, Taxes and Bank Trust Fees.

The estimated time frame for recieving the bank trust is approximately 4 to 6 months.

For estimated closing cost - Closing Cost for Purchsing in Rocky Point Mexico

More information to follow

It's a great life in Rocky Point!

Branden Mackenzie

RE/MAX Owner

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___________________________________________________________________________________________
 
Questions and Answers by RE/MAX

Q: I've always heard that foreigners can't buy coastal property in Mexico, is that true?

No. While it was once true, times have changed. Prior to 1973, foreigners were not allowed to hold legal title or exercise direct rights to real property in an area within 64 miles of Mexico's borders and 32 miles of its coasts. But laws passed in 1973 and1993 have made it possible for foreigners, foreign firms and Mexican firms with foreign participation to acquire interests in coastal real estate through a bank trust (Fideicomiso).

Q: Who is involved in this bank trust?

Three parties. The seller of the property is the Trustor. The bank is the Trustee. (Fiduciario), and the buyer, or Beneficiary (Fideicomisario).

Q: How does the trust function?

Title to the property is transferred to a trust with a Mexican bank acting as Trustee. The Trust Agreement is formalized by the issuance of a permit from the Mexican Ministry of Foreign Affairs. The lot or home buyer is designated as Beneficiary in the Trust and the beneficiary rights are recorded in the public record by a Notary Public.

Q: What are my rights as a buyer?

The trust is a legal substitute for fee simple ownership, but in this case, the Trustee is the legal holder of the property. As Beneficiary, you have the right to sell your property without restriction. You may also transfer your rights to a third party, or pass it on to named heirs.

Q: Is the trust renewable?

Yes. According to the Foreign Investment Law passed in 1993, trusts can be renewed for an indefinite number of successive 50 year periods. In effect they run in perpetuity.

Q: If at a later date, I decide to sell my property can anyone buy it?

Yes. If the buyer is also a foreigner, you simply assign beneficial rights. If the new buyer is a Mexican National, you can instruct the bank to endorse the title in favor of the buyer.

Q: If the buyers is a foreigner, is his interest limited to the balance of my 50 year trust?

No. Upon application, a foreigner automatically receives his own renewal 50 year permit. This, however, is not mandatory.

Q: Do many foreigners currently own coastal property in Mexico?

Yes. Today thousands of foreign owners enjoy their ocean side resort property; many have benefited from the appreciation of their property.

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In 1972, a Constitutional Amendment known as the Foreign Investment Law was established to allow non Mexicans to acquire coastal and border property through a trust, called a “Fideicomiso,” in conjunction with a Mexican bank. This trust assures the foreign buyer of all rights and privileges of ownership, and is needed to own properties which fall into the "Restricted Zone". The “Restricted Zone” includes any property located within 50 km (32 miles) of any coastline, or 100-km (64 miles) of any border. As of 1993, the New Foreign Investment Law dictates that the Trust be established for a term of 50 years and extended in 50 year periods.
The Mexican government established the Trust Agreement as a way of protecting foreigners who own property in Mexico. After the buyer and seller have prepared the proper documentation to obtain a bank trust, the bank applies for a trust permit with the Ministry of Foreign Affairs in Mexico City (this takes 4 to 6 weeks), then sends it to a Notario Publico (Public Notary). The “Notario Publico” is a highly educated attorney (Abogado) who is appointed to the position by the governor of the Mexican State in which he practices. The Public Notary draws up the Trust Agreement, obtaining the necessary documents (Bank Appraisal, Certificate of Non Physical Liens & Non Encumbrance), calculates the taxes due, and informs the bank when the Trust Agreement is ready to be signed (stating the final closing costs). The bank informs the seller and buyer so that they can sign the Trust Agreement at the Notary's office. The Notary will inform the buyer of the amount necessary to cover closing costs. All parties involved, seller, buyer and bank, sign the Trust Agreement. The Notary records the Trust Agreement with the Public Registry of Property and then gives it to the bank. The bank in turn records the Trust Agreement with the National Registry of Foreign Investments. The Notary then sends a Certified Copy of the Trust to the buyer.
The bank, known as the "Trustee", holds the Deed for the purchaser of the property, known as the "Beneficiary". This property is not part of the Bank's assets and cannot be subject to a lien, or attached to bank obligations. The Beneficiary has all the ownership rights to the property and may sell, lease, mortgage, pass to heirs, or do any other legal act with the property. The Trust is not a lease. The difference between a lease and a trust is that there is no equity in a lease, whereas a trust is fully maintained.
If property is purchased and currently held in a trust, a new 50-year period can be established or the existing trust may be assigned. Trusts are renewable at any time by simple application. It was never the intent that these properties pass back to the Government at the end of the trust period, which has been a common misconception and fear of foreign purchasers. In fact, at the end of the 50-year period, the Beneficiary has an additional 10 years to renew the Trust.
___________________________________________________________________________________________

CAN FOREIGNERS REALLY OWN PROPERTY IN MEXICO?
Yes, Americans and other foreigners may obtain direct ownership of property in the interior of Mexico. However, under Mexican law, foreigners cannot own property outright within the restricted zone. Instead, a real estate trust must be set up to hold title for the foreigner. Since foreigners are not able to enter into contracts in buy real estate, they must have a bank act on their behalf, much as a trust is use to hold property for minors because they also can not contract. The following is a brief outline of the law regarding such trust, known as "fideicomisos", but potential buyers should always get advice and have all real estate transactions overview by a licensed Mexican attorney.

WHO'S INVOLVED IN REAL ESTATE TRANSACTIONS IN MEXICO?
Normally, there are three to four players involved in any real estate transaction in the restricted zone:
  • A real estate company
  • The buyer's lawyer
  • A bank
  • A public notary
All four are helpful in their respective areas in assisting with real estate transactions. Transactions outside of the restricted zone do not involve a bank since it is not necessary to establish a real estate trust in those areas. Otherwise the transactions are much the same.

Because of the similarities of real estate transactions in general, it is easy to assume that the basic terms and principles which are familiar in the United States also hold true in Mexico. This assumption becomes easier to make when United States real estate terminology is adopted for transactions in Mexico. Much of the paperwork is similar, if not exactly the same, as that used in the US. Although, there are many aspects of Mexican real estate transactions that are identical to procedures carried out in the United States, there are many aspects that are completely different. As a rule, a foreigner should assume nothing.

Mexican real estate transactions are not carried out in the same manner as United States real estate transactions. The buyer must retain professionals to assist in the transaction. Mexico has yet to regulate real estate transactions. Real estate agents and brokers are not legally licensed in Mexico. Consequently, a foreign buyer cannot always depend on the normal safeguards that would be applied to real estate transactions in the United States. The old saying "let the buyer beware" is very appropriate. Anyone can set up a real estate company in Mexico. There are no special requirements or brokerage licenses to obtain. A would-be real estate agent merely has to establish a Mexican corporation, obtain a work visa, and he is in business.

There are good reasons why the real estate industry in the United States is highly regulated. Until the real estate industry is regulated in Mexico, there will always be some real estate companies who prefer that buyers know as little as possible about real estate transactions. After all, a buyer cannot ask questions if he does not have any knowledge of the laws.

Currently there is nothing similar to a Real Estate Commissioner or a Department of Real Estate in Mexico. Some states are beginning to look at some kind of real estate legislation, but it might be some time before this is a reality. The American Embassy and the American consulates in Mexico are good places to start when trying to determine if a real estate company is reputable. Some of the real estate companies have established quite a reputation for themselves at some of the Consulates.

A Mexican attorney should be involved to draw up contracts and to review the conditions and terms of sale. Additionally, an attorney can do a title search and point out any problems or alternatives a buyer may have. The buyer should always have his or her own attorney rather than using the attorney of the seller or some attorney used by a real estate company free of charge. As the old saying goes, you get what you pay for, and usually if someone's services are offered free of charge you are probably paying for them in some other way. Legally, only a licensed Mexican attorney should provide advice on the law. If an attorney is licensed in Mexico he should be able to produce a "cédula profesional." This document is a registered license to practice law in Mexico and includes a photo of the attorney and his signature. To be sure that an attorney is licensed in Mexico, a foreign buyer should ask to see the attorney's license, or have the attorney's license number included in a retainer agreement before employing any services.

American attorneys are not licensed to practice law in Mexico and should not give advice on Mexican Law. I should clarify, here, that I am referring to individuals who are licensed to practice law in the United States, and not merely individuals who are citizens of that country. There are currently very few Americans who are licensed to practice law in Mexico. The fact that a person is licensed to practice law in the United States in no way allows him or her to practice law in Mexico: Mexican or United States law.

Besides formalizing your real estate transaction, an attorney can be very helpful in saving you money. This is because attorneys are involved in many different transactions and have contacts with banks, notaries, and the Mexican government on a regular basis. Because of this they are aware of the most competitive cost and fees involved in a transaction and can make sure that the buyer is given the best possible prices. An attorney can also inform the buyer regarding his or her legal options and by doing so can make sure that no opportunities are missed: tax planning considerations, closing costs which should be paid by the seller, and ways of taking title to the trust rights which make sense for the particular circumstances of a specific buyer. Very often one piece of good advice can save the buyer thousands of dollars in tax savings or other savings when the buyer eventually sells the property.

When looking for an attorney it is important to remember that any Mexican attorney can normally handle a real estate transaction. The buyer is not limited to only the local attorneys where the property is located. All real estate transactions involving a trust are governed by federal law. This means that all such transactions are carried out the same way regardless if the property is in Cancun or Los Cabos.

THE RESTRICTED ZONE AND "FIDEICOMISOS"

The law declares that the Mexican nation has original ownership to all land and water in Mexico, as well as minerals, salts, ore deposits, natural gas and oil; but that such ownership may be assigned to individuals.

The Mexican Constitution prohibits direct ownership of real estate by foreigners in what has come to be known as the "restricted zone." The restricted zone encompasses all land located within 100 kilometers (about 62 miles) of any Mexican border, and within 50 kilometers (about 31 miles) of any Mexican coastline. However, in order to permit foreign investment in these areas, the Mexican government created the "fideicomiso," (FEE-DAY-E-CO-ME-SO) which is, roughly translated, a real estate trust. Essentially, this type of trust is similar to trusts set up in the United States, but a Mexican bank must be designated as the trustee and, as such, has title to the property and is the owner of record. The Mexican Government created the "fideicomiso" to reconcile the problems involved in developing the restricted zone and to attract foreign capital. This enabled foreigners, as beneficiaries of the trusts, to enjoy unrestricted use of land located in the restricted zone without violating the law.

A "fideicomiso" is a trust agreement created for the benefit of a foreign buyer, executed between a Mexican bank and the seller of property in the restricted zone. Foreign buyers cannot own real estate in the restricted zone due to Constitutional restrictions. The bank acts on behalf of the foreign buyer, taking title to real property. The bank, as trustee, buys the property for the foreigner, then has a fiduciary obligation to follow instructions given by the foreigner who is the trust beneficiary. The trust beneficiary retains and enjoys all the rights of ownership while the bank holds title to the property. The foreigner is entitled to use, enjoy, and even sell the property that is held in trust at its market value to any eligible buyer.

In order to allow foreigners to enter into the agreement contained in the Calvo Clause, Mexico requires all foreigners to apply for and obtain a permit from the Ministry of Foreign Affairs prior to contracting to acquire real estate in Mexico. This is currently done by the trustee/bank at the time a real estate trust is set-up.

Given the changes made for 1997 in the foreign investment Law, and the fact that a buyer can now apply for and obtain a trust permit in a matter of days, it is always better to secure the trust permit from the Ministry of Foreign Affairs before entering into any contract.

The bank, as trustee, must get a permit from the Ministry of Foreign Affairs to establish a real estate trust and acquire rights on real property located within the restricted zone. The purpose of the trust is to allow the trust's beneficiary the use and exploitation of the property without constituting real property rights. The beneficiaries of the trust (fideicomisarios) may be:
  • Mexican corporations with foreign investment
  • Foreign individuals or legal entities
The law defines "use" and "exploitation" as the right to use or possess the property, including its fruits, products, or any revenue that results from its operation and exploitation by third parties or from the bank/trustee.

The law does not clarify how trust permits will be issued. Article 14 of the law states that the Ministry shall decide on issuing the permits "...considering the economic and social benefit, which the realization of such operations imply for the nation." The basic criteria used to determine such benefits are likely to change somewhat with the publication of the new foreign investment regulations. However, it is reasonable to anticipate that some of the unwritten rules used by the Mexican government in the area of real estate trusts will be included in the new foreign investment regulations. It is also possible that some of the confusing elements will be eliminated. It is important to understand the application of the current regulations, even if they are going to be replaced, as well as some of the unwritten policies the government has used in the past, to better understand what criteria will be used by the Ministry in the future.

The Ministry of Foreign Affairs must grant any petition for a trust permit that complies with the stipulated requirements within 5 working days following the date of its presentation to the Ministry's central office in Mexico City. It must be granted in 30 days if the application is submitted to one of the Ministry's state offices. The Ministry of Foreign Affairs must confirm the registration of any property acquired by foreign-owned Mexican corporations a maximum period of 15 days following the filing of the petition. In both cases, if the maximum period passes with no action by the Ministry, the trust permit or registration are considered authorized.

There is a common misconception among foreigners investing in Mexico that once the trust expires, the beneficiary loses all rights and benefits of the sale of the property held in trust. This is not the case. On the contrary, the beneficiary has a contractual right under the trust agreement with the Mexican bank to all benefits that may result from the use or sale of that property, even though he does not hold title to the property. Under Mexican Law, the bank, as trustee, has a fiduciary obligation to respect the rights of the beneficiary.

A real estate trust is not a lease. The beneficiary can instruct the bank to sell or lease the property at any time. The beneficiary can develop and use the property to his liking and benefit, within the provisions of the law. Generally, the law allows most activities engaged in by foreigners.


For any questions you might have on buying property give a call
It's a great life in Rocky Point!
Branden MacKenzie
RE/MAX Owner          

 


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