What about 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.
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.

 

Who’s involved in real estate transactions in México?

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

 

Can foreigners really own property in México?

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.
 

Why buy México real estate?

Mexico has become a popular location to own a second home or vacation property. Many people from around the world — and especially the United States and Canada — are actively buying real estate in Mexico. In recent years Mexico become an attractive place to invest. Most of us know at least one person who has recently visited Mexico or who has made a real estate investment in the country. We believe there are several reasons behind this trend:

1. The prices of Mexico properties are often favorable in comparison with other destinations.
2. Mexico’s culture and services are increasingly welcoming of foreigners.
3. Over 70 million people in the United States are now over 50 years old. This segment of the population is prone to seek vacation homes, retirement locations and real estate investments.
4. The long-term future of Mexico looks promising. The country itself is becoming stronger economically and the opportunity for long-term real estate appreciation in most regions continues to be favorable.
5. Mexico’s warmer climate is attractive to many from the United States, Canada and other foreign locations. For decades many people have enjoyed vacationing in Mexico. “Purchasing” property is the natural next step.
6. Over 1 million Americans now live full time in Mexico. Along with residents who have moved from other countries this large population has proved the safety and viability of life in Mexico.
7. Most of the popular destinations in Mexico offer an array of interesting and fun things to do. From beach life and fishing to golf and tennis most people are excited at the numerous ways one can recreate in Mexico. Those who enjoy exploring the rich history and culture of Mexico find endless opportunities to explore each region has its own unique opportunities. And, of course, many people find that Mexico is the perfect destination for simple rest and relaxation
8. There is growing inventory of condos, villas, homes and land plus a wide selection of resorts and developments with extensive amenities. This provides a steady supply of inventory for interested buyers and investors.