Known in Spanish as Ley Nacional de Extinción de Dominio, the law enables a judge to immediately order the seizure of a property that is suspected to be part of a corrupt or illegal transfer chain (for example, if previous owners used illicit means to acquire it or build it) and/or if it’s suspected the property is being actively used for criminal purposes.

Legal quagmire if your property becomes entangled

Under this law, a property may be immediately seized without trial if the authorities present a petition to a judge and that judge deems that there are grounds to suspect the authorities have a genuine case.  The state may subsequently dispose of the property even before a trial has taken place. The law is causing some controversy especially in relation to a present owner’s risk of loss due to an illicit transaction history that the owner could not have known about.

If you buy a property in Mexico and, even years later, it’s discovered that the property was transacted illegally you could forfeit the asset and have no recourse to insurance coverages which would become null-and-void in this circumstance.

As the law is relatively new and untested there are no substantive case studies to reference regarding the appeal process.  In any event, legal costs to defend the asset would be substantial even if a subsequent trial ruled in the owner’s favor.

The law covers titled land, titled physical property (residential and commercial) and ejidos (communal land); as well as any assets situated on or linked to the property including valuables, goods, bank accounts, etc.

Definitions of ‘illicit uses’ of the property include —but are not limited to— organized crime, kidnapping or human trafficking, concealment, storage of stolen or illegal goods (e.g. cars, fuel, drugs), extortion, and money-laundering.

The wrong tenants could cause you to lose your Mexican home

This law also places the burden of responsibility of current use of the property directly on the owner.  If you rent your house out and the tenants use it for illegal purposes, then the state can seize the property from you with a writ from a judge.  In circumstances where your rented property is used by the tenants for illegal purposes it may prove impossible to get your home back or get compensated after the fact.

When you rent out your Mexican home you should be absolutely sure that detailed referencing and due diligence has been undertaken on potential tenants and that the people who apply and sign the rental contract are the same people who move in.  The contract should also contain carefully-worded legal clauses which specifically prohibit illicit use of the home.

Speak to your real estate agent or a lawyer or Notary Public to ensure your contract is current in respect of this new legal code.

The information contained in this article is published in good faith and not intended to constitute personal, professional, legal, financial or investment advice, nor replace the services of professional advisors.

Learn more about caring for and insuring your home in Mexico

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Policy wording for Mexican property insurance

Property insurance policies sold in Mexico differ from policies you are used to seeing in your home country. The policy wording is unique, and the types of coverage offered by insurance companies is different here, so some things that you would expect to be included as standard, might not be present if you purchase your insurance in Mexico directly from a Mexican insurer.

Familiar policies, fully underwritten in Mexico

To help foreign residents who own property in Mexico to purchase insurance products familiar to them, specialist companies based in the U.S. have developed property ownership insurance policies which reflect the wording, terms and covers included on US and Canadian policies.

The insurance policy is fully underwritten by a Mexican insurance company (by law, it has to be this way), but the U.S. companies work in partnership to create a product that is familiar to those purchasing insurance in the US and Canada, and which is legally sound under Mexican law.  The premiums are paid in US dollars and any pay-outs are also paid in US dollars.

Policies to suit your situation and needs

The home insurance policies available in the market offer a wide range of options, and you can choose what to include and what to exclude as part of your coverage plan.

Depending on where your home is situated in Mexico, the risks (and coverage) you need to insure against will vary. For example, homes near the coast should be insured against hurricane damage and earthquakes, whereas inland only cover for earthquakes (and perhaps flooding, if you home is situated near water) will be needed.

Home insurance policies cover a wide range of eventualities and the most common coverages include reimbursement of costs related to:

• Damage caused by hurricanes and earthquakes
• Damage caused by and wind storms and floods
• Injuries to housekeepers and other workers in your home
• Burglaries and vandalism
• Damages to third parties, e.g. falling trees
• Coverages for owner-specific liabilities, e.g. in condos

You can cover all risks or named perils

Policy options and choices include all risks versus named perils, whether to cover assets like outbuildings surrounding the main property, and the option to insure your personal goods.

• The better policies will include coverages for third party liability: this is  helpful in the event that someone who does not live at your home meets with an accident on your property, or where some damage is caused to a neighbor, e.g. by a falling tree.
• This article about third party liability in relation to your home shares more details.
• Other considerations to take into account when you’re assessing your insurance needs include purchasing cover for any watercraft you may own, as well as special arrangements for condos, where some liabilities are shared and some are owner-specific.

Regardless of the type of insurance you choose, the insurer underwriting the policy is far more important than the broker or agent selling you the product: in the event of a claim, the integrity of the underwriter will determine pay-outs, not the insurance broker.

Learn more about caring for and insuring your home in Mexico

Mexperience publishes extensive information to help you plan and care for your home life in Mexico through guides, articles and free eBooks:

• Free eBook: House maintenance and home security
• Latest articles about property insurance
• Articles about real estate in Mexico

It’s therefore sensible to take some time to review the composition of your habitat and living spaces to help mitigate the risk of damage and injury that may occur during an earthquake, making your situations easier to cope with in the aftermath of a strong seismic event.

Effects of earthquakes on your property

Weak earthquakes may not be felt, or cause a gentle sway with little or no discernible impact on objects or the structure of your home. Stronger earthquakes can cause a wide variety of hazards, including:

• hung objects falling from walls and ceilings;
• furniture and other household items can fall or fly across a room;
• food pantries, crockery storage and other cupboards may be affected as shelving or items stored on the shelves fall;
• mirrors and glass can break causing dangerous shards and splinters;
• tiles, fixtures, and fittings can become loose and/or fall;
• live electricity wires may become exposed;
• gas pipes can break, causing a fire or explosion;
• water pipes can burst, causing the house to flood;
• utilities like electricity, telephone (internet), water, and gas may be cut-off;
• swimming pools may crack open and leak;
• strong quakes can cause buildings to move-off their foundations and collapse.

Earthquake insurance

You can insure your Mexican property and its contents against natural disasters, including earthquake damage—and better policies also cover the costs of temporary alternative accommodation if your home becomes uninhabitable.

If you already have a home cover insurance policy, double-check the renewal date and that the policy specifically covers your home for earthquake damage, as not all policies are comprehensive.  You can learn about protecting your house and its contents on our detailed guide to insuring your home in Mexico.

Preparing your habitat for earthquakes

Some forethought and planning around your home situations can make a material difference when a strong earthquake strikes.  Most earthquake-related injuries and casualties occur when people fall trying to run during the shaking; are hit by falling objects or debris; and/or when they are struck by collapsing walls or buildings.  Considering how your habitat is furnished and arranged, and what impact an earthquake would have on the objects inside of it, can help you to mitigate damage and injury.

Bedrooms

Earthquakes can happen at any time, and it’s possible that you’ll experience an earthquake overnight while you’re in bed.  Situate your bed away from glass and don’t hang heavy pictures/frames or mirrors above the bed; consider also what you may have attached to or hanging from the ceiling above the bed.

Children’s rooms

If you have children, carefully review their bedroom spaces for potentially hazardous fixtures, fittings, and toys that might fall and cause injury during an earthquake. If you have children’s play areas in your home, check that any heavy items that could tip or fall are securely fastened, and cross check outdoor play areas (like tree houses) to mitigate the risk of heavy objects falling onto the children in the event that they are playing there when an earthquake happens.  Be mindful that mirrors and other glassware can fall and/or crack and break; consider relocating any hazardous objects away from children’s bedrooms and other play areas.

Tall and/or heavy furniture

Book-cases, wardrobes, and other heavy furniture which appeared solid and stable when you placed it can fall effortlessly during a strong earthquake—and can pose a lethal risk if they fall on you or block vital exits.

Review the current placement of heavy furniture in your home, and screw large pieces to the wall using metal brackets designed for this; consider also how falling pieces could block your evacuation route and make changes as necessary. Packed boxes, stored baggage, and other stowed heavy items should ideally be kept in defined storage spaces, or low-down, so that they don’t cause a falling hazard.

Fixtures and fittings

Review your home’s fixtures and fittings and consider how they may behave in the event of an earthquake.

Picture frames and wall art: Picture frames (especially those framed using glass) and mirrors should be securely fastened to walls using double-hooks, and mirrors especially can benefit from additional fastening with putty (mastique).

Shelving, cupboards and storage units: If you have floor-based shelving or cupboards that store heavy items, for example, in food pantries, crockery storage, laundry areas, tool sheds, etc. it’s wise to ensure that the shelving, cupboard or other storage units are securely screwed to the walls.  When an earthquake comes, these types of units can become unstable and fall over.  Replacing the items could be costly, and if someone is nearby them when the quake comes, units laden with heavy objects could fall on top of people.  It’s prudent to avoid storing heavy objects on open shelves near frequently used work or transit areas.

Overhead hanging objects: Overhead lamps and chandeliers should be routinely checked to ensure that they remain securely anchored, especially in older properties where the wood or cement ceilings they are attached to may be in a state of decay.  If you have a heavy (e.g. iron) chandelier over/near a bed or other space where people rest or meet (e.g. a dining table or desk), ensure it’s very well secured, or consider relocating or removing it.

Bookshelves and other storage: If you have heavily laden bookshelves, don’t place these too near any beds or other resting places, nor along key exit routes, even if they are fastened to the wall.  Heavy cabinets ought to be fastened to the wall if they are in a space near where people work or sit, or near doors or exit routes.  Consider installing latches on high cupboard doors to prevent objects from falling out of them in the event of a quake.

Water heaters

Most water heaters in Mexico are gas-fired.  Your water heater should be securely strapped to a strong load-bearing wall using appropriate brackets.  Ensure you know how to switch-off the gas feed and water supplies.  If you are (re)installing your home’s water heater, consider using modern flexible gas piping instead of metal pipework.

Learn more about caring for and insuring your home in Mexico

Mexperience publishes extensive information to help you plan and care for your home life in Mexico through guides, articles and free eBooks:

• Further advice about how to plan and what to do during and after an earthquake is available online.
• Read our free guides about house maintenance and home security
• Latest articles about property insurance
• Articles about real estate in Mexico

Comprehensive guide to real estate in Mexico for buyers, owners, sellers and renters—continually revised and updated.

Extensive and detailed guide to real estate in Mexico

Our comprehensive guides to real estate in Mexico introduce you to essential information about property in Mexico whether you are:

• Renting property in Mexico;
• Buying a home in Mexico;
• An owner who needs to insure and maintain the property;
• An owner who plans to rent a property in Mexico;
• Selling your home in Mexico; and
• Working with Real Estate Agents in Mexico.

Property rental in Mexico

We publish detailed guides about all aspects of property in Mexico, including renting residential property here.

Property purchase in Mexico

Connect to detailed and exhaustive guides about buying and owning property in Mexico.

Owning and maintaining a property in Mexico

Browse detailed information that helps existing property owners manage, maintain, and insure their property in Mexico.

Insurance for your home in Mexico

Helpful guides and insights to help you consider how to get the right level of coverage for your home and property in Mexico, including coverage against third party liability damages.

Selling your home in Mexico

When you come to sell your residential property in Mexico, our guides and articles give you practical insights to help you prepare, market and sell your property.

Working with realty agents in Mexico

Insights and tips for finding and working with a local realty agent in Mexico, whether you are renting, buying or selling a property.

Learn more about real estate in Mexico

We continually update our guides and articles about matters related to property and real estate in Mexico.  Connect to further resources for insights and connections:

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• Connect to professionals who can help with property closings

This article describes the “off-plan” property market in Mexico and some key considerations potential buyers ought to keep in mind before agreeing to buy a home in this way.

“Off-plan” properties offered by developers

Most “off-plan” property sales are offered by developers at the early stages of the project before construction begins, and/or during stages of the project’s physical construction.

Property developers like off-plan sales as it helps their cashflow and the project’s costs can be at least partly allayed before any ground is broken, or as construction begins.

Off-plan projects also help developers to gauge the level of interest for the project in the market and the price levels which buyers are prepared to pay for properties being offered as part of the prospectus.

Discounts and incentives versus off-plan risk

There is an additional element of risk with off-plan purchases that does not exist when buying a pre-built home, and in return for assuming the additional risks off-plan investors (buyers) are enticed with a number of incentives.

The most common incentives offered to buyers are:

• a discount on the advertised “market value” sales price,
• a custom choice of decorations and furnishings, and
• the opportunity to pick from the ‘best available lots’ within the development complex.

Off-plan investments have become more popular as property buyers have become more affable towards investment risks of various types in return for a higher potential reward.

The most sought-after element of off-plan purchases is a discount in relation to the advertised market price, offering the potential of a bigger capital gain from the outset. In some cases, buyers may try to quickly sell the property (called ‘flipping’) when construction is completed if the market is buoyant and buyers are willing to pay a premium when they see the completed project.

Securing a ‘good lot’ (that usually means a decent garden space and/or view) is also attractive to off-plan buyers as the location of the lot within a complex or the view offered by a particular unit on the development can add value and make it easier to rent out, and eventually sell.

Turning a profit in a rising market can be straightforward with off-plan investing; however, care must be taken to gauge market conditions and you must have an excellent understanding of true market values in the locality where you are buying in order to negotiate the right level of discount for the additional risk you are assuming as an integral part of the contract.

If you are buying off-plan you should negotiate a level of price discount that reflects the additional risk that you are assuming as part of the investment. The discount should be based on your own impartial assessment of the estimated value of the property when it is fully completed and delivered.

If you cannot see sufficient reward for the risk you are buying into, be prepared to walk away if you cannot negotiate an appropriate deal from the developer.

The process of buying “off-plan” in Mexico

The process of buying “off-plan” starts with the signing of a contract and with it, your agreement to buy a certain property based on an architect’s plan (a scale model might also be shown) using a defined set of staged payments.

In some cases, construction might have started already, and you will be able to visit the building site.  The final payment stage is usually held back until you are fully satisfied with the delivery of the property and facilities you expected under the terms of the contract.

Potential buyers should undertake due diligence before signing any contacts, and extend caution if a developer insists on being paid a substantial sum (as a percentage of the total sales price) in any of the staged payments.

Key considerations for buying “off-plan” in Mexico

There are several important considerations to reflect upon when you approach a property investment in Mexico and additional matters to consider when buying a property “off-plan.”

Check the developer

Check out the developer. What other projects have they worked on? What projects are they working on now, other than this one? When were their projects scheduled for completion and when did they complete? What is the local reputation of this firm? What are previous customers’ experiences dealing with the developer? Don’t be afraid to ask for references, and follow-up with those references.

Don’t take prominent or extensive advertisement placements in magazines and newspapers, or the presence of a modern website and social media following as proof of establishment or reliability.

Most “off plan” sales are offered before ground is broken, but some projects might already be under construction when you are offered a unit for sale. You should not assume that because construction has begun that the project will be completed.

Ask locally and do your research. Don’t be afraid to ask incisive questions that put the developer on the spot about their reputation, track record, and anticipated completion dates for the project they are inviting you to invest in.

Key points about buying “off-plan”

Here are some additional pointers to consider when contemplating a purchase of property “off-plan” in Mexico:

Understand the risk: remember that when you buy off-plan you are taking  commercial risks on the property development and the developer, as well as the wider market demand for property.

Due diligence: check the developer’s credentials, permits, and licenses; a local Notary Public will be able to ascertain the current legal state of a property development (you will need to hire their services at your own expense).

Don’t sign a contract you don’t understand: get a competent professional to review the contract and explain to you what is being agreed.  It will probably be written Spanish and you might need an interpreter.  Any contracts presented to you in English will only have legal force in their original Spanish versions—don’t rely on the seller’s translation if they offer one.

If the development is cancelled: the contract ought to be specific about what happens if the development is cancelled or left partially constructed and incomplete—and what happens to the staged payments you have already made.  What are the realistic prospects of getting a refund if things go awry? This is one of the key risks of buying “off-plan.”

If you need to withdraw: the contract ought to specify what happens in the event that you cannot complete the staged payments or if you need to withdraw from the contract due to unforeseen circumstances in your own personal situation.

Cross-check the development plans

It sounds obvious to say, ‘cross-check the plans,’ but some people really do buy “off-plan” on the face value of the marketing brochures, or pretty-looking model mock-ups on display at the sales office, or because they can see some construction taking place already and assume everything is in good order. It may work out fine, but not checking the plans significantly increases the risk of your investment.

When you are buying a pre-built property, a good Notary Public will check the plans and permits carefully and tell you about any legal problems that may be present with them before your complete the transfer.

Before you buy off-plan, you should consider paying for legal services to undertake the same checks as you would make with a pre-built property.  In all cases, the developer’s permits and licenses should be verified and your legal counsel ought also to verify that the transaction can lead to proper transfer of legal title.

Some plans never get approval from local authorities, some plans and construction projects come up against a plethora of other complications —too numerous to mention here— but suffice to say that an off-plan contract is just that: a plan, a proposal that is not yet realized—and you need to understand that when you sign the contract and begin to make your payments.

Purchase price and total cost of ownership

Buying any real estate entails more than just the price of the property; ‘closing costs’ (legal and professional fees) and any associated taxes also need to be considered, even when you buy off-plan.

If the property you are buying off-plan is part of a condominium building or a gated community of some type —and most off-plan offers tend to be one of these— there will be monthly management fees (homeowner fees) to pay in addition to any other costs of ongoing ownership.

Find out what the management charges are going to be and remember that these can (and usually always do) rise year-on-year. Check the contract and its covenants carefully and hire a qualified and experienced professional to check it and explain the conditions and the obligations that you are subscribing to when you sign the off-plan contract and eventually take delivery of the property.

Learn more about property in Mexico

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The information published in this article is provided for general information in good faith and is not intended as personal, legal, financial or investment advice.

However, some types of property in Mexico are only available for purchase under Agrarian terms, and while this type of property transfer gives you possession, it does not offer legal title.  This article explains the difference and explores the practicalities of purchasing land or property on Agrarian terms.

Not all land is titled land

After the 1910-1917 Revolution, most of Mexico’s lands were divided into Ejidos: large land parcels which were owned collectively by many different people —often groups of families— who had the right to work the land, usually for growing crops and raising livestock.  Large swathes of Ejido land continue to exist today, and while there is a legal process to ‘convert’ Ejidos to legally-titled property, the process is involved and expensive.  It’s usually undertaken by specialist companies on large parcels of land which are then sub-divided and sold to property developers for use in residential, commercial, and tourism developments.

If you’re seeking something off-the-beaten track in Mexico, you might find that certain properties you’re offered —some with very desirable/idyllically-located homes built on them— are not legally titled but instead classed as communal property.  These types of properties are most usually situated in rural or semi-rural areas and might only be available for purchase under an Agrarian arrangement.

Practicalities of land possession vs land title

Many people purchase, pass quiet enjoyment of, and sell their right of possession of untitled properties without any trouble. However, if a property you fall in love with is only available on Agrarian terms, it’s as well to be aware of the practicalities and risks.

No legal title

Property designated to you under an Agrarian arrangement does not constitute legal title: your possession of it holds no force in Mexican civil law and any matters related to it will only be heard by the Agrarian Court (or Assembly) which adheres to its own code.

No title deed

When you purchase right to possession instead of title, you will not receive a Title Deed enforceable in a civil court and the property will not be registered on the national property register. Instead you receive two important documents:

• Cesion de Derechos (Transfer of Rights) and
• Constancia de Posesion (Record of Possession)

The first document records the previous holder(s) yield of their possession of the land, and the second records your current possession of the property.  When you sell, you will yield possession in the same way that the previous holder yielded to you.  This process is managed entirely through the local Comuneros, not the civil courts.  The property might or might not be listed on the national agricultural land register.

No finance, collateral value, or title insurance

These properties can only be purchased with your own money: you cannot take out a mortgage on them; you cannot use them as collateral; and you cannot obtain title insurance for these properties.

Difficult or impossible to insure the property

Civil law requires you have to have legal title to something before you can insure it.  It’s difficult (and may be impossible) insure untitled properties, because when you claim on a policy, the insurer will demand to see proof of legal title, especially for larger claims; thus any structural damage caused by earthquakes, floods, storms, etc. may not be insurable and you’ll need to pay building repair or reconstruction costs out-of-pocket.

If you hold land on agrarian terms, cross-check this issue with the insurance agent or company and if they say they’ll insure untitled property, obtain unambiguous pledges in writing to ensure that claims are not rejected after the fact due to an absence of legal title.

Transfer and sale on Agrarian terms only

You can transfer these properties to others through a private contract or bequeath transfer of them in your Will, although the beneficiaries will inherit the land on the same Agrarian terms as you did when you purchased it.  When you sell the property, the buyer will need to agree to purchase on Agrarian terms; this significantly reduces the potential buyer pool as most people seek legal title, not a Record of Possession, when they buy property in Mexico.

Disputes cannot be settled in Mexican civil law courts

If a dispute arises regarding the property, you must abide by the code of the Agrarian Court (sometimes referred to as Asambleas, or Assemblies) to resolve it; you cannot seek any remedy through Mexican civil law courts.

Tips when purchasing Communal or Agrarian property in Mexico

Mexicans and foreign residents buy and sell property on agrarian terms every year and transactions can pass without hindrance provided that the terms are known and understood by the parties and that proper local protocols are adhered to.  Here are some tips if you are intending to purchase land on agrarian terms.

Get a clear understanding of what you are buying

It’s not unheard of that buyers (Mexicans and foreigners) have been sold property given the impression that the ‘title’ sold was a legal title when in fact it is a Record of Possession under Agrarian terms.  A good Notary Public will ensure the buyer is aware of the land’s legal situation before a sales transaction takes place.

Understand the protocols and documentation

When you purchase agrarian land, you normally receive a Cesion de Derechos (Transfer of Rights) document and a Constancia de Posesion (Record of Possession) document.  Any other documentation (including ‘title deeds’) are unlikely to be recognized by agrarian courts/assemblies who adjudicate on all matters related to communal land transfers in their area.  The procedures and protocols for land transfer are distinct to those under civil law, and buyers and sellers (or their Gestor, see below) often have to attend a meeting with local Comuneros at one of the regular assemblies to discuss their plans and intentions in regard to any land transfer.

Hiring a local ‘Gestor’

If you need advice about a property, or you need to ‘regularize’ the status of a property purchased on agrarian terms, you will probably be advised to hire a local Gestor—a manager / representative who specializes in these matters.  That person will attend the local agrarian court (or assemblies) and petition issues on your behalf with the local community leaders.

Due diligence

A good realty agent will be open and transparent about the property’s legal status; however the ultimate responsibility lays with the buyer.  If you are buying property in (semi)rural areas, a unique property, or a brand-new property, it’s important to be mindful about the legal status of the land the property is on (or the land you intend to build on).  Choose a good Notary Public, and consider also hiring a lawyer specializing in land matters to make additional cross-checks if you harbor any doubts. Ask direct questions in regard to the property’s legal status and title.

Pay the local property tax

If you buy a property on agrarian terms, pay the Predial — local property tax — every year at the local Municipal office.  If the previous owner has not been paying this, you may need to back-pay the tax to ‘regularize’ the property’s Predial records and bring payments up-to-date.

Some desirable properties don’t offer legal title

There are foreign residents in Mexico living in homes which are held on Agrarian terms, and aware of that fact: some properties which people really want to dwell in are simply not available through the civil property registry process and they take-on the property knowing the practicalities and risks of doing so.

For the majority of foreigners who buy land or property in Mexico, full legal title will be readily available to them.

However, if you’re a buyer who’s seeking something unusual —rural or remote, perhaps something unique situated in the Mexican countryside— you may have to weigh-up whether you value the experience of living on that property with a Record of Possession more highly than legal title, and take your decisions accordingly.

Further reading

You can learn more about buying, selling, owning, and renting property in Mexico on our extensive guides to Mexican Real Estate here on Mexperience.

If you need assistance with a property transaction, we recommend you talk with an experienced Real Estate agent, and/or consult with a Notary Public in the State where the property is situated.

The information contained in this article is published in good faith and not intended to constitute personal, professional, legal, financial or investment advice, nor replace the services of professional advisors.

You don’t have to be legally resident to own a home in Mexico

You do not have to be resident in Mexico to own property here, so there is no need to qualify for residency status under the immigration rules to buy a home here— whether directly, or through a property trust.

However, when you sell the property there are certain property capital gains tax allowances that you may access if you are resident in Mexico.

Mexican law on property ownership

Mexican law on property ownership is comprehensive and provides protection for the seller and the buyer in all property transactions provided that the law is followed, and you (most usually through a Notary Public) ensure that all necessary documentation is present and that the procedures are adhered to.

Mexican law provides for private ownership of land by foreigners, and its law is specific about the way in which land rights should be transferred from seller to buyer, and what type of lands are not eligible for public ownership.

A Notary Public will guide you through the details of these, but generally:

• Property may be purchased and owned outright for residential use by foreign nationals outside of the 100km (~62 mile) restricted land border zone, or outside of the 50km (~31 mile) restricted coastal zone;
• Inside of these restricted border and coastal zones, foreign nationals may own land through a fideicomiso (a property trust) which is set up through a local bank and provides for ownership of the land and property in all but name.

The Mexican Constitution forbade foreign nationals from owning property that was within the restricted border zones. This law was intended to protect Mexican soil from foreign invasion, and a property trust provides a means for non-Mexicans to buy and hold land and property if it’s physically situated within about 30 miles of the coast, or within about 60 miles from a land border.

Fideicomiso, property land trusts in Mexico

To enable non-Mexican persons to invest in land and property inside the restricted zones protected by the country’s constitution, the Mexican government introduced a system of land trusts—essentially a special type of investment ‘wrapper’ that enables you to legally and securely hold title of property in all but name.

In practice this means that any non-Mexican national who wants to buy home with an ocean view, or near the beach or a land border with Mexico, they can except that it will be by means of a special property trust, which is set up and managed through a local Mexican bank.

The trust holds the deeds to the property, and you and/or other persons named in the trust are sole beneficiaries to that trust—and by extension, to the property that is folded into it.

The trust gives full rights to do whatever you like with your property:

• it can be developed (in accordance with local planning regulations),
• rented or leased;
• sold, or given away.

In other words, this trust enables you to own the property in all but name.

The trust also enables you to name a beneficiary upon your death, and you do not need to have a Mexican Will for your wishes regarding the trust to be executed.

Some people choose to buy Mexican property through a trust even if the property is not situated inside the restricted zone, as part of their estate planning preparations.

The role of the Notary Public in Mexico

The Notary Public is the most important legal person you will deal with when you make a property purchase investment in Mexico.

Under Mexican law, the title deed to the property must be prepared by a Notary Public, and the Notary is also responsible for calculating and reporting tax duties owed to the Mexican tax authority arising from any property transaction.

As a buyer, it is your right to choose the Notary Public you wish to work with, and it should be your first port of call after you have agreed in principle to purchase a property in Mexico.

Experienced buyers choose their Notary Public, independent of the seller’s preference or advice.  The Notary Public will ensure that all documentation and permits are in order so that the transaction can proceed.

Read more about finding and working with a Notary Public in Mexico.

‘Ejido’ land and Title vs Possession in Mexico

You should be aware of ‘ejido’ land in Mexico, as there is a lot of it; and while many properties and developments now built offer a legal title deed, some properties continue to be transferred on ‘agrarian’ terms.

About Ejido land in Mexico

Ejido (agricultural) lands have a long history in how they came into being; these properties are akin to “commons land.”

The ejidos are usually owned by a community of local people and possession of the land is passed down through generations within the communities which own the parcels.

These land parcels do not have legal title (property title deeds – see next section) and any matters and disputes related to them are dealt with by local comuneros, at agrarian courts, usually termed Asambleas —assemblies— that meet about once a month and are led by the elders of the local community.

Legal Title vs Possession

There is a distinction between ‘commons’ land and land that is registered with a Title Deed recognized and enforced by Mexican civil law courts.

Some types of property in Mexico, especially rural or semi-rural properties —and some that are quite desirable— are only available for purchase under Agrarian terms, and while this type of property transfer gives you possession, it does not offer legal title.

Read more about buying and having property without title deed in Mexico

Title insurance for your Mexican property

Some buyers consider taking out title insurance on the property they buy in Mexico. Title insurance covers you should the property you buy subsequently turn out to have liens associated with it.

This is especially relevant if the property you are buying has been privatized, having previously been classified as being “ejido” (or “common”) lands (see previous section); but even if this is not the case, title insurance will protect you if any other previously unforeseen lien or charge is brought against the property before you took possession of the title deed.

Rates for title insurance are around the equivalent of USD $5-6 per USD $1,000 of the property’s sale value; payable once only at the point of purchase, before you close.

Consult a realty agent or other legal or consulting professional regarding matters relating to title insurance. There are several insurance companies that now offer title insurance for Mexican property and, as the number of providers increase, rates should become increasingly competitive.

Choosing the right location for your purchase

As with property purchase in any country, the location in Mexico where you choose to buy is all-important. It’s better to buy ‘less house’ in an optimum location than to purchase ‘more house’ in a sub-optimal location.

Choosing places to live in Mexico

To help you discover and explore potential places to live here, Mexperience publishes a curated list of locations to consider for living, working or retirement in Mexico—organized by popularity and notoriety and classified by the location type

Do the (back)groundwork

It’s unwise to buy on impulse in an area based on your first impressions, especially if you’re on a leisure visit there.

It’s prudent to be familiar with the area and the locale in that area where you intend to invest. Also ask yourself how marketable the property is in its current condition and location, especially if you are planning to rent it, or should you want to sell it later.

You may want to rent something nearby to start with and get a feel for the place. Once you’re living locally you can assess things like the atmosphere, the neighborhood in general, and get to know the locals so that you can get a genuine understanding for what it’s like to live there.

Match your needs with your location

Consider your current and changing lifestyle needs as you make your choices about the location for your property investment.

Real estate purchases require patient capital in Mexico as not all markets are as fluid as places in the US, Canada, or Europe can be—it might take more time to sell a property than you imagine.

Ongoing management of your property

Learn more about maintaining and securing your home in Mexico here on Mexperience.

Learn more about property in Mexico

Mexperience offers detailed insights about property in Mexico for buyers, owners, renters, and sellers.

• Latest articles and insights about real estate in Mexico
• Working with a realty agent in Mexico
• Insuring your Mexican home
• Enjoying your home and home life in Mexico

What is ‘Total Cost of Ownership’?

Total Cost of Ownership (TCO) is a moniker that describes a financial estimate used to express the total direct and indirect costs of owning something over time.  This article highlights the principal costs which make up the ‘TCO’ of residential property in Mexico, including some of the less apparent and sometimes overlooked costs associated with buying and owning property here.

Up-front property purchase costs

Before the exchange of a property can take place, buyers will have some up-front costs to budget for; for example:

Discovery visits

If you don’t live in Mexico yet, or if you live here and plan to move to a different region in Mexico, you will need to budget for transportation and accommodation costs to visit the place(s) you are exploring for property purchase.  We strongly recommend that you never purchase property in Mexico “sight-unseen;” it’s wise to always visit the location and locale, and the properties (or building site) that you are interested in buying, in-person.

Buyer surveys

While these are not common in Mexico, some buyers may choose to hire a professional building surveyor to inspect the property before they make an offer to ascertain the state of the current build and costs that might be required to ‘make-good’ any dilapidation, and to ensure that there are no severe structural faults (for example, that might have been caused by earthquakes or natural land subsidence) that could be expensive to deal with, or perhaps even impossible to rectify without reconstruction.  Surveys are more commonly undertaken on older properties, but any buyer can hire a surveyor to check any building if they wish to do so and if the seller objects to a surveyor’s visit, then that might be a warning sign to the buyer.

Property valuation reports

Some sellers will hire a professional property assessor to undertake a study of the property and its neighborhood and produce a property valuation report.  In Spanish, these are called an Avaluo and they cost between US$200-$300 to get commissioned by an experienced professional.  Buyers are advised to do their own research and not take these reports as Gospel. (They are commissioned by the seller, after all.)  Some buyers might commission their own valuation report; this is not a common practice, but not impossible if the seller is willing to allow an independent assessor to visit the property.

Property purchase closing costs

‘Closing costs’ is a term that describes the fees and charges that buyers need to pay when they complete a legal property transfer.  Once a buyer has made an offer and had that offer accepted, a contract will be drawn up to begin the property exchange procedure, and the assignment of closing costs will usually be documented in the contract to avoid misunderstanding between the parties.  These usually include how and who will pay costs such as Notary Public fees, sales taxes and any other charges that may be required to secure the property’s legal transfer.  Closing costs vary; as a rule of thumb they may range between 5% and 10% of the property’s sales value.  This should be priced in to your TCO as they’re part of the overall investment.

Ongoing property costs in Mexico

When you have taken possession of your Mexican property, there are a range of costs which may not be immediately apparent, but that ought to be taken into account when you calculate your budget.  These include:

Property taxes

In Mexico, the annual property tax is known as the Predial.  It’s pay-able by property owners once a year at your local Municipality.  Some regions send a bill, others don’t but all run local ad campaigns reminding property owners to pay.  Rates vary depending on the state, the area, and the size of your home. Typically, your property tax bill in Mexico will equate to a small few hundred dollars per year and could be less than US$100 a year if your home is small and in a rural area.  You can learn more about property taxes in our Mexico Cost of Living Guide

Property service fees

If you purchase a condominium, apartment, penthouse, or a property which is part of a gated community, you will need to contribute the ongoing maintenance and service fees which pay for the amenities and and services provided at the property.  These services may include a swimming pool, gym, club house, golf course, gardens and other common areas, sports facilities (e.g. tennis courts) as well as services like watering the lawns, lighting the common areas and paying for gate security/access if this exists on-site.

If you buy the property from new, the annual services may start out quite low, because everything is new and very little maintenance is required.   In due course, buildings will need maintenance and repairs done to them, and sometimes the owners may be asked for a lump sum to pay for a major project—for example, the swimming pool may need major repair or maintenance.

Co-operative ownership of spaces and services is a great way to enjoy facilities; for example, the cost of running a swimming pool between twenty owners is far less than maintaining your own, and it’s also more environmentally friendly as the resources are shared across a defined community.   However, when you buy into a shared community, be sure you understand what the maintenance and service fees are, and be realistic about their (highly) likely need to increase over time, especially if you buy into the project when the building is brand-new.

Land trust fees

If you are not a Mexican citizen and plan to buy property within 50km (~30 miles) of the Mexican coast or 100km (~60 miles) of one of Mexico’s land borders, the law requires that the land be held in a Trust, known as a Fideicomiso.  (This is due to Mexico’s constitution prohibiting foreigner’s direct ownership of land near borders and the sea.)

The Trust that is set up when you purchase property through it ensures that the asset becomes yours in all but name. Trusts are usually set up through a local bank, and all banks in Mexico have a department dedicated to servicing Trusts for foreign property owners.  Trusts carry an initial set-up fee, plus an ongoing yearly fee to maintain.

The exact fees vary depending on the value of the property transaction, but set-up costs are around US$1,000 and ongoing Trust fees can range from between US$500 and US$2,000 per year.  Even at the lower range of the fee scale, this is a recurring cost that you need to take into account when you purchase land or property near the sea or a land border in Mexico.

If you purchase land or property inland of these distance limits, there is no obligation to set-up a trust and you may own the property in your own name. (Some owners choose to place the property into a Trust anyway, for estate planning purposes.)

Electricity supply to your home

To the surprise of many foreigners, electricity costs can be high in Mexico relative to local earnings, although if you keep your consumption in check, electricity can conversely be quite inexpensive here.

To keep your electricity bill low in Mexico you must remain within a subsidized ‘allowance’ of energy consumption every sixty days (the billing cycle).  The allowances vary by state and region, and local climate is taken into consideration; for example, if your home is situated in a hot climate zone, there is a higher subsidy (allowance) during the hot months, to help you cool your home.

If you exceed your subsidized allowance, two things happen: first, your unit cost increases for the entire amount consumed, not just the amount above the excess; second, the generous government subsidy is withdrawn —shown as a specific credit subtracted from your bill— leaving you to settle the entire so-termed “true” cost of the electricity.

The use of a modern ceiling fan consumes a low amount of energy; however, air conditioning units consume a lot of electric and these will usually cause a property to exceed its ‘subsidized’ kilowatts usage limit if used liberally, and you’ll need to budget for this during the hotter months of the year. You can learn more about electricity prices in our Mexico Cost of Living Guide.

Drinking water supply

If you live somewhere like the US or Canada, you’ll be accustomed to having potable water piped directly to your home, ready for human consumption straight from the tap.

Good quality hotels and resorts in Mexico purify their water systems so that guests may enjoy the same arrangement.  When you take possession of your home in Mexico, the water supply might or might not be fit to drink straight from the tap.  It’s a moot point: some people say it’s perfectly drinkable, others say no.

The truth is that it probably depends upon where your home is situated.  Many factors affect this issue: the supply itself, but more often the pipes which transport it to your tap.  In any event, most foreigners (and many Mexicans) buy bottled water.

A vessel containing twenty liters of drinking water will cost you between $15 and $40 pesos (US$1.60-$2.60), depending upon where you are situated in Mexico, and whether you pick it up yourself or have it delivered.  This can add around US$300-$400 a year to a household budget for two people. You can learn more about water systems in Mexico here on Mexperience.

Property management fees

If you won’t be staying full-time at your home in Mexico, you’ll need to hire someone to manage the property for you while you’re away.   Vacant properties are a favorite target for burglars and, in any event, it makes good sense to have someone looking after the property in your absence not only to mitigate burglaries, but to ensure the property is kept clean and checked after heavy storms, hurricanes, or earthquakes.

The precise fees will depend upon how much work the property manager needs to do.  If the property will be left vacant, and simply needs the post, bills, a bit of cleaning undertaken and routine checks made after storms, etc., the cost could be limited, perhaps US$75-$100 a month.  If you plan to rent out your property then property management fees will increase to reflect the extra services the property manager undertakes such as reception of your guests and providing a local point of contact should they need anything or something goes awry during their stay.

You’ll also have to pay agency commissions if a renter is found on your behalf.  Sometimes the property manager and the realty agent are the same person and sometimes they are not.  In any event, there are two separate fees to account for: the management fees and the rental fee commission.

Home insurance coverage

Sometimes overlooked, but vitally important to protect what is likely your most valuable physical asset in Mexico, is home owner’s insurance.

If your home is on or near the coast, storms, winds and flooding are key risks; elsewhere, risks from earthquakes and volcanic activity as well as flooding from any nearby rivers and lakes need to be mitigated with an adequate home insurance policy to ensure that you are not left with huge bills (or substantial loss of your investment) should unforeseen events take a toll on your property.

Our detailed guide to insuring your home in Mexico explains what you need to know and key considerations you should take into account when choosing an insurance policy.

Property sales fees

One day, you or your heirs will probably want to sell your Mexican property.  We mentioned the cost of commissioning a sales valuation report earlier, and there are a range of other costs and fees that sellers need to take into account when they decide to sell their residential property, including the agency costs if a realty agent is retained to market the property.  Our article about the costs and taxes of selling property in Mexico explains these in detail.

Learn more about property in Mexico

Mexperience offers detailed insights about property in Mexico for buyers, owners, renters, and sellers.

• Latest articles and insights about real estate in Mexico
• Working with a realty agent in Mexico
• Insuring your Mexican home
• Enjoying your home and home life in Mexico

Mexico’s provinces, especially those colonial towns and cities that are within an easy drive of Mexico City, are well stocked with aging homes, many of which were constructed between the early 1950s and late 1970s—although some also date back to the colonial era.  They stand today in silent witness to eras long past and their owners (or heirs) remain custodians of these properties, responsible for their upkeep.

The idyllic countryside home in Mexico

These homes —typically country-style houses with attractive and colorful landscaped gardens, a swimming pool, and a terrace to while away long evening conversations with friends and family— often served as second homes owned by those holding significant professional, government, or corporate appointments, or by families with wealth bequeathed through generations.

Long before online marketplaces offered to match empty homes with potential renters, these properties would remain mostly vacant, save for the gardener and housekeeper who would take care of matters until the owners and their family and friends descended upon the property at weekends, and during school holidays, as a form of ritualistic retreat into the Mexican countryside.

The colorful gardens, the charming views, the refreshing pool, the invigorating morning air, and the laidback feel of the Mexican countryside extended a helpful escape from urban routines, and provided open spaces for children, their siblings and friends to play and etch some additional memories into the journey of their childhood.

Shifting sands across the generations

Forty or more years later, the lives and situations of the owners and their children (or grandchildren) are often far removed from the memories that echo in the rooms and gardens of these old properties.

Some of these owners move to their country home when they retire, or when a spouse dies. Those with generous pensions may live out the remainder of their days in the countryside, with family visiting at weekends and holidays; whereas others with less cash to throw around tend to rent rooms or bungalows on the property to generate additional income and cope with the expenses of managing a large country home.

Some owners have turned to online marketplaces like Airbnb to rent out these old houses, although many discover that doing this imposes significant demands that are not readily apparent to novice proprietors, and they might decide after some experience in this market that the effort required to deal with tenants —along with a whole raft of special challenges that come with renting out older houses— is not worth the net income derived from embarking on the endeavor.

The demands of owning older houses in Mexico

Anyone who owns or occupies a country house with a large garden and a swimming pool knows that these require constant attendance, and structures that remain empty or unoccupied for extended periods often decay in haste, however keen the hired housekeeper or gardener might (or might not) be.

In situations where the original owners have died, the estate usually passes into hands of the children, who now assume title and responsibility for the spaces where they once played unburdened by the weights of adulthood and property management.

They begin to discover that houses which might be listed for sale at online listing portals for several million pesos can call for hundreds of thousands of pesos in ready cash every year to upkeep.

These aging properties with their extensive gardens, pools, and outbuildings tend to hold less interest in the everyday lives of the original owners’ children and grandchildren usually because the offspring have neither the free time nor the economic means to inhabit them as they and their parents did during the era of their childhood.

Priorities shift in unforeseen ways and negotiating use of the space with siblings (and their own families), as well as arguments over the running costs and stewardship of the property adds to the complexity of holding title.

Quandaries can emerge for the present owners of these aged homes, for example:

• for some, it’s emotionally difficult to sell and accept the passing of one’s life time;
• disagreement about what to do with the property may exist between family members;
• legal documents might not be in good shape after parents die, making a sale more complex;
• arguments may ensue about the distribution of costs for essential upkeep; and
• heirs might not agree on the price to sell at, or whether to sell at all, nor how to share occupation of the property in the meantime.

And thus, homes which were joyful retreats of weekend cheer and a place to while away school holidays might now lay mostly unoccupied, echoing with memories and ghosts of a lifestyle passed, and an era long departed.

These types of situations serve as reminders that properties, in kind with their owners, pass through cycles and that the habits and spoils of one generation are not promised to another.

Buying older properties in Mexico

For potential buyers, some of these properties offer attractive plots of land with mature trees and fine views—but buyer beware, there are more than just ghosts and memories lurking in the walls and foundations of older properties.

Experienced buyers shopping for an older home know that they’ll need to make a capital outlay over and above the agreed sale price to make repairs and bring structures and interiors up to date. They’re also mindful that the attention required to maintain and secure the property doesn’t go away, even after a refit.

The negotiated price ought to reflect the investment that will be required to restore the property’s structures if these have fallen into decay, with additional provision added for contingencies. Potential owners ought also to reflect on their own situation and intentions regarding the property and its location, considering their life stage, as well as current and future needs.

Some people argue that buying vacant land and building a home on it using new materials, the latest construction techniques, and applying modern building standards to one’s own design is preferable to taking ownership of an older home.  By the same token, older homes have stood the test of time; tend to be situated in established neighborhoods with ready access to local services and amenities, can occupy exceptional plots of land that may be difficult to find elsewhere, and have mature gardens with trees and other plants that may otherwise take many years to grow and flourish.

When purchasing an older home, especially where several heirs may share ownership, additional patience and flexibility will probably be needed as the decision-making process to sell is inevitably met by objections and discussions internally—deliberations which buyers tend to be oblivious about, and are often the core reason why a seller doesn’t immediately accept a full asking-price offer.  If one heir has a strong character and can steer the family into a constructive decision, this can help to expedite the transfer of the property to the buyer.

The cycle doesn’t stop with your purchase

As new buyers take possession of their provincial retreat, they begin to breathe new life into the spaces—remodeling, redecorating, and planting fresh flowers and saplings that will grow along with a new generation of people who muster and dwell together in these spaces.

Wise owners will make suitable provision for the asset without delay and take into consideration the changing cycles that touch all our lives, regardless of circumstance.  Being cognizant of this —especially if your heirs are or might be abroad— helps to consider the effects of the passage of time beyond one’s own.

Making appropriate provision and leaving instruction to others in matters of passing the torches you carried from one generation to another is part-and-parcel of responsible land and property custodianship in Mexico.

Learn more about property management in Mexico

Mexperience publishes a range of free eBook guides about property and real estate in Mexico:

• Changing cycles of neighborhoods in Mexico City
• Charms and compromises of countryside living in Mexico
• Key factors to consider as you plan your lifestyle in Mexico
• Learn about home maintenance and security in Mexico
• View the latest articles about real estate in Mexico
• Comprehensive guides to buying and selling real estate and renting property in Mexico

Protect your personal items and defend against litigation

Although home insurance is not obligatory by law in Mexico (if your property is mortgaged, the lender may insist the property is covered), it’s prudent to factor-in a property insurance policy to your annual budget to protect your assets and, importantly, to defend against third party liabilities.

Third party liability in relation to home ownership doesn’t seem as obvious a risk as it is with driving a car, but in the event of an accident or mishap involving your property, your liabilities as home owner to third parties will become apparent.

Storm damage can leave you liable

Consider the trees in your garden. Trees falling in a wind storm can come down with tremendous force, and will easily cause material damage to your own property—and possibly to your neighbor’s. In acute cases they can cause bodily harm or fatalities.  Mexico experiences stormy days, even in the highlands away from the coasts, and some of those storms will cause trees to fall down.  Garden walls can also be subject to sudden and unexpected collapse, especially during an earthquake, or if they are old or have weakened foundations.

Condo unit ‘bloc’ coverages are limited

A common situation where homeowners unwittingly become exposed to liabilities is when they own a condominium, or live inside a gated community. They think the insurance policy —paid for through their Home Owner Association fees— that covers the building or the estate also covers them personally.  It usually doesn’t.  For example, when a water leak from the kitchen or shower room in your condo causes damage to units below yours, the repair bill becomes your responsibility.

Domestic workers and accidents

Another situation where homeowners can become liable is in relation to the domestic help they employ.  A lot of foreign residents in Mexico hire maids and gardeners.  If your maid falls down the stairs when she’s cleaning, or your gardener hurts himself while working in your garden, you become responsible to them in those situations.  Read this article to learn more about insuring domestic workers in your home in Mexico and how an adequate insurance policy can cover you.

Home insurance as an integral part of  your budget

Home insurance policies are often overlooked and sometimes ignored as an unnecessary expense by foreign homeowners here in Mexico, especially those with homes situated away from hurricane-prone areas. While hurricanes are among the most apparent risks in relation to property, powerful wind storms inland can also cause serious property damage, and give rise to third party liability in relation to events and people related to your home: if for no other reason, you should consider your insurance arrangements to mitigate those liabilities.

Learn more about caring for and insuring your home in Mexico

Mexperience publishes extensive information to help you plan and care for your home life in Mexico through guides, articles and free eBooks:

• Free eBook: House maintenance and home security
• Latest articles about property insurance
• Articles about real estate in Mexico

Get your property transaction independently examined

An independent examination of your sales contract and transactional procedures provides cross-checks as you navigate your way through a property purchase or sale in Mexico.

Linda Neil and her team at The Settlement Company® are experienced real estate professionals who can:

• Explain the procedures, legal matters, and tax rules to you in detail, independently of parties who have a vested interest in the transaction.
• Examine the details of your property purchase/sale contract to ensure that it does not contain clauses that may cause adverse effects and/or create undue risks.
• Ensure that the fees you are being asked to pay for professional services are reasonable, and that the tax calculations are aligned with current tax rules.
• Offer you a direct line for independent verification of matters which arise that you are unsure about as you make your way through the property transaction.
• Act as liaison between you, your real estate agent (if you are using one) and other professionals—for example, the Notary Public or local attorney situated in the State where the transaction is taking place.

Benefits of hiring an independent professional

Personalized service: This independent consulting service is formed around your individual needs. Furthermore, you can order practical support through the procedures to ensure professionalism and integrity in your transaction.

Overcome language issues: Property purchase/sale contracts are often written in Spanish and the seller’s deed is written in Spanish—by law. The legal terminology and clauses can be obscure or confusing. This service will help you to understand what you are committing to within the context of the sales/purchase contract. Linda and her team will explain what you are committing to in terms of Mexican law.

Oversee your investment: Hiring an independent assessor can protect your investment through an examination of the proposed transaction. This can help to ensure that agreements are realistic and are able to be fulfilled, legally.

Avoid pitfalls and hidden costs.  The costs of dealing with improper procedures or adverse contract terms after a property deal is closed can be substantial. An independent review and examination of your property deal prior to signing or payments being made can help you avoid to the costs and inconvenience of dealing with problems afterwards.

How the support service works

Linda and her team at The Settlement Company® provide an initial consultation, and can offer you a package of support services as you make your way through a property transaction in Mexico.  These services include:

• An initial consultation to talk about your situation and the proposed transaction.
• A review and examination of your sale/purchase contract and the Seller’s deed.
• Explain what you are committing to contractually, with highlights of any clauses that may be unusual or risky, as well as remarks about matters which you might want to consider renegotiating before you sign.
• An independent assessment of the professional fees, transaction fees, and property taxes you should be paying—whether you are the buyer or the seller.
• Advice and information about what structures need to be in place to ensure the property closes efficiently for tax purposes: when you are buying, ensuring that the contract and title are properly documented; when you are selling, how to claim current tax allowances on capital gains.

Service Fee: For the initial consultation and review with a written report, the fee is US$560.

The fee includes the support service as described above and will also include an estimate to supervise the entire transaction including Foreign Relations permits, appraisals, escrow fees, bank trustee fees, (if applicable) no liens and property tax certificates and full registration in the state where the property is registered—which are optional additional services you can purchase if you want or need these.  Fees are billed directly by The Settlement Company® who accept payments in the US, or in Mexico.

To participate, you buy (or finance) a Timeshare contract by paying a substantial upfront fee, and its closing costs. You also agree to pay annual maintenance fees.

In exchange, you are given a right to visit the resort or property each year and occupy defined accommodations there in accordance with the terms of the contract.

Timeshare property types and contracts

Timeshare properties are most commonly offered at popular resorts or condominium buildings situated in desirable Mexican resort towns and cities with the properties close to, or overlooking, the ocean.

Timeshare contracts come in various forms and with different terms, ranging from fixed weeks at a specific property, contracts with floating dates, and some timeshare contracts offer occupancy across a predefined group of properties managed by the Timeshare company.

If the Timeshare contract has legal jurisdiction in Mexico, we recommend that you hire the services a local Notary Public or a lawyer specializing in contract law, to revise the contractual terms before you sign.

Timeshare is NOT property purchase or rental

Timeshare has key differences in relation to property purchase and property rental contracts.

Timeshare is NOT:

• fractional property ownership, whereby the investors in the property own a percentage of the physical asset through a property trust with distribution of shares; or
• legal title or possession—it doesn’t offer legal title or possession of any physical property; or
• a type of long or short term property rental; or
• a vacation rental property of the type you can find using online marketplaces like Airbnb, VRBO, and HomeStay.

Advantages of Timeshare

These are some benefits that Timeshare sellers typically cite to buyers:

• The concept of having access to a property without the responsibilities of physically owning and managing it. (But note that you’ll need to pay annual service fees in addition to the upfront cost.)
• Timeshare is one way to access a self-catering stay in a ‘turn-key’ property with fully equipped kitchens, bedrooms, bathrooms, living and dining areas, and private balconies—and some properties also offer other amenities on-site like swimming pools and gyms.
• Some Timeshare contracts offer the ability to swap locations or resorts if you want a change from the property or resort your Timeshare contract stipulates—although additional fees might apply to do this.

Disadvantages of Timeshare

Timeshare carries risks and disadvantages which ought to be taken into consideration before committing to a signing contract.  These include:

• They are not a property investment: Timeshare does not give you legal title or possession, nor a share of a physical property as fractional ownership does.
• Instead you are buying a right to make use of a resort property (or group of properties) for a defined period as stipulated in the contract and its terms.
• In addition to the upfront cost of the Timeshare you will need to pay closing costs and annual dues (maintenance fees).
• Annual maintenance fees tend to rise every year and you are contractually obliged to pay these, even if you don’t travel to the resort that year.
• Some Timeshare companies sell loans to pay for the initial capital sum, which increases the total cost of the arrangement.
• If you need to pay the upfront sum, financing, and annual fees in a currency other than your home currency, you’ll also pay for the costs involved with foreign currency exchange.
• You can find vacation properties to rent on a range of online marketplaces that offer turn-key properties without any upfront costs and with no strings attached.
• Prices for Timeshare contracts on the second hand market are usually lower than their original cost—keep this in mind if you need or decide to sell.

Timeshare sales seminars in Mexico

Some Timeshare companies offer their potential customers artificially-low priced vacation breaks at popular resorts in exchange for you attending a Timeshare sales seminar during your visit.

Sometimes, instead of a vacation package, they will offer free tickets to popular events, or dinner at a fancy restaurant to people they approach who are already vacationing at the resort in exchange for attending a seminar.

These seminars are staffed by professionally trained sales teams who approach attendees with the sole intention of getting them to commit to and sign a Timeshare contract.

If you decide to attend a Timeshare sales seminar in Mexico, we recommend:

• you take someone with you who is not emotionally or financially involved in the potential purchase; and
• regulate, or best avoid, alcohol intake at the event; and
• tell the sales team you want to refer the contract to your legal counsel (Notary Public) before signing anything.

By signing a Timeshare contract, you are legally committing yourself to the purchase—as well as the related costs and annual fees that accompany it.

Selling your Timeshare

Circumstances can change, and people holding Timeshare contracts sometimes want to sell.  When you decide to sell:

• Check the contractual terms of your current arrangement as some contracts cite restrictions about how and where they can be sold.
• Keep in mind that Timeshare contracts on the second hand market usually sell for less than the original cost of the Timeshare contract.
• Although you might sell your Timeshare privately (if the contract allows this), most people find an online brokerage that specializes in the sale of Timeshare contracts on the second hand market.
• Brokers present your listing online to potential buyers and offer legal transfer facilities in exchange for the sales commissions you pay when your Timeshare contract is sold.
• Whatever method you use to sell your Timeshare, you can expect to pay contract exit fees and/or sales commissions to dispose of the contract.

Learn about property in Mexico

Mexperience offers detailed insights about property in Mexico for buyers, owners, renters, and sellers.

• Latest articles and insights about real estate in Mexico
• The costs and taxes of buying a home in Mexico
• The costs and taxes of selling a home in Mexico
• Insuring your Mexican home
• Enjoying your home and home life in Mexico