Buyer Guide | Buying Real Estate in Baja

Buying a Real Estate Property is always a major decision and one that should be taken very seriously.

Buying in a foreign country can be intimidating due to the differences in language, culture, and laws. At South Baja Realtors we believe it’s our job to educate potential buyers about the process of buying a home here in Mexico and to walk you through every step of it before you commit yourself.

Buyers should feel confident with their realtor:

Now that foreigners owning homes in Mexico have become such a common practice, the procedures are standard and timely. Here the participants are almost always the buyer, the seller, a real estate company, and the authorized Notary, who takes care of the legal aspects of the sale. All legal requirements must be complete prior to the close of the sale. They are coordinated by your realtor and validated by the Notario Publico. Unfortunately, too many buyers have had unpleasant experiences while purchasing a home in Mexico. This happens when the buyer deals with people who are not working for registered real estate firms, and firms without the necessary background and experience in this business. South Baja Properties has met all legal requirements to be a registered real estate company. We are firmly committed to being totally ethical and professional, and our goal is to give you 100% satisfaction in the purchase of your new home or condominium.

Our company works with local and international associations. Thus we have the opportunity to work with the different agents, agencies, brokers, and developers giving you the widest selection of properties and the broadest range of services. We will represent all your interests during the purchase process. We understand your needs. South Baja Realtors does not sell dreams; we sell reality. We guarantee, however, that our effort and knowledge can help you make your dreams of owning a piece of paradise here in Baja California Sur a painless reality.

THE AGENCY

The average buyer tends to look at different real estate agencies to find the right property, However, it is important that as a buyer we look for a real estate agency that is currently working on a multi-list. currently working within a multi-listing, BCS has the largest MLS where you can find all the properties through one all properties through one office, just a click away, this office will help represent you in your search. This office will help represent you in the search, the purchase process, and the successful delivery of the property. In addition, BCS now requires a real estate license, it is important to choose the office where your agents are working under this standard. Our agents are working under this standard.

THE AGENT

In BCS there are many real estate advisors, when working with an advisor, as buyers, we look for representation, an agent who thinks for us in our basic needs when looking for a property and represent us to get a fair price, it is important that the agent is trained. The agent is important that he/she is trained, knows the buying process, and knows how to face the different situations that may arise during the process, must have a real estate license as it is mandatory in BCS, and have extensive knowledge of the market, looking to take you by the hand throughout the process and make this a pleasant experience.

THE PROCESS

The purchase process in Mexico is very similar to other countries, when working with a professional real estate agent, this will guide you step by step for the purchase process, first it is important to select the area that best suits our lifestyle, our daily activities and especially our budget. Once we have found this magical place, the first step is to present a written purchase offer through your real estate consultant, in this offer we present our interest in acquiring such property, the price, and the suggested conditions, this offer will be presented to the seller through his representative agent and once we have reached the point of agreement of both parties, Once the point of agreement has been reached between both parties, agreements are signed specifying down payments via escrow, closing time and completion and delivery of the property, which are normally handled with a closing agent, an escrow company and the notary public, which in Mexico, is the highest authority to guarantee the acquisition of a property and to attest to the legal status of it.

DOCUMENTATION

Currently, the necessary documentation to acquire a property in Mexico is very simple. As foreigners you can acquire real estate in Mexico by presenting your valid passport, your tourist card, which we tourist card, which we receive when we enter the country since BCS is in a restricted zone because it is geographically within 35 miles or 50 kilometers from the geographically within 35 miles or 50 Kms from the coast, it is necessary to acquire through a Trust called Fideicomiso.

The Fideicomiso is created during the acquisition process, through a Mexican bank. This will require the following documentation:

TIME TO CLOSE

The time to close the transaction from the moment of the acceptance of a purchase offer to the signing before a notary public can vary from 3 to 8 weeks, the corresponding documents must be presented to the notary public so that they elaborate the final document and the public deed of the acquisition of our property can be signed.

OTHERS INVOLVED

In the purchase process, there are several important actors involved, who, thanks to them and the participation of the real estate consultant, will make the process a pleasant one.

Closing attorneys

They are responsible for presenting the legality of the documents of the property, obtaining the certificates that prove that the property is free of any type of debts or evictions, back taxes or debts of condominium fees, water or electricity, they also carry out the process of the procedure before the secretary of foreign relations for the issuance of the acquisition permit for those foreigners who decide to invest in Mexico and who will acquire their property through a Trust.

The Trustee Bank

Who is responsible for acting as trustee in the acquisition, this bank is a Mexican registered entity, mentioning that the properties that are acquired through Trusts do not become assets of the bank.

The Escrow Agent

Who is responsible for the management of the funds and their dispersion, these funds remain in guarantee from the beginning and acceptance of the offer, until the signature before a public notary.

The Public Notary

Who is the certified attorney appointed by the State to attest and certify the legality of the real estate transactions and responsible at all times for the legality of the process.

Frequently Asked Questions

The process to purchase property in Mexico is very similar to the US and Canada. Once you find the property you like, an offer to purchase is presented to the seller through your Real Estate Agent. After the offer is accepted and signed by the seller, a promissory contract to purchase is established. This contract will stipulate closing time frames, detailed costs, terms, inclusions, and exclusions for buyer and seller and may include a penalty clause if one of the parties cancels. It’s customary to provide a deposit between eight and 10% of the full price as earnest money and a percentage amount of the closing costs, which includes property city appraisal, certificates of no liens, and no tax debt issued by the Municipality where the real estate is located, along with the cost to establish the Fideicomiso or Bank trust. This process will take between 3 to 4 weeks. The closing takes place at the Notario Publico office. Unlike in other countries, Mexican Notarios are highly trained lawyers appointed by the State Governor and licensed to authenticate documents and legal transactions. At the closing in front of the Notario Publico, the rest of the closing costs are paid. These include notary fees and the registration of the real estate property with the Municipality and acquisition tax transfers derivate of the purchasing. The earnest money and balance of the purchase amount will be presented to the seller and the Notario will release the new property title (escritura) to the buyer. The Notario Publico collects the transfer and capital gains taxes and records the purchase with the Registro Publico at the Municipality where the real estate property is located.
In Mexico, the buyers pay all of the closing costs with the exception of capital gains, which are the responsibility of the seller. The taxes on a property purchase are related to the value of the property and this is a minimal percentage that goes no higher than 3% of the value of the real estate. The rest of the closing costs are the certificates and appraisals which vary according to the type and price of the property. Notary fees are discretionary and thus vary. The establishment of the Fideicomiso depends on the bank of your election and costs approximately $2000.00 USD. Of course, each situation is unique, but these are the basic facts about closing costs.
The Mexican law grants you the right to live in the country for up to six months with the visa or FM-T (Tourist Card) you were issued upon entry. This can be enough for foreigners if they make regular trips back home. All airlines issue these visas every time you fly into Mexico from the US or Canada. If your goal is to be in Mexico for more than 6 months a year, you can apply for an FM3 visa, which grants non-immigrant privileges. Certain requirements must be met to obtain this type of visa. You will need to provide three months’ worth of bank statements from your bank in the US or Canada which proves that you have an income of approximately $1400 a month. You will need your passport and proof of residency. This includes your telephone phone bill, your city water bill, and your electric bill. This is not a difficult process, but it does take some time and several visits to Immigration. You can do it yourself or we can introduce you to a facilitator who specializes in expediting the process and will take care of most of the running around for you for a moderate fee.
You may bring 2 dogs or cats on an airplane. If you fly, be sure to check the pet regulations on the website of the airline you are flying with. Most require a cage per animal that must be large enough for the animal to stand up and turn around. They also require that you provide a bowl of freshwater. Mexico requires that you provide a health certificate for each animal from a licensed veterinarian. It must be completed no more than 15 days prior to your trip. If you drive down, you won’t be required to provide documentation for your pets, but we recommend that you have copies of all current vaccinations with you.
If you drive down the Baja peninsula, you do not need a vehicle permit. However, you will need Mexican car insurance which you can purchase on the US side of the border prior to entering Mexico. US and Canadian car insurance is not fully valid in Mexico. It is wise to check with your insurance company before you leave home. Some companies cover you partially and all the Mexican insurance you will need to buy is liability insurance. Others do not cover travel in Mexico at all. It can save you money if you check in advance!
As mentioned previously, before you can apply for an FM3 you need to provide proof of residency. Once you have closed on the house, you must go to the Telmex office, a SAPA office, and the CFE office with proof that you own your house. You will also need to bring your passport. If you do not speak Spanish, it’s best to bring someone along with you who does to simplify the process.
If your purpose is to own the property with a lease, then the answer is no. With a lease you don’t own the land; you can lease the land for 1 to 10 years at the most, leases for terms of more than ten years are not valid in any Mexican court.
South Baja Realtors