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Can foreigners buy property in Mexico?Yes, foreigners can own property in Mexico. However, in restricted zones near coastlines (50 km/31 miles) or borders (100 km/62 miles), ownership requires a bank trust (fideicomiso) or a Mexican corporation.
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What is a fideicomiso (bank trust)?A fideicomiso is a bank trust where a Mexican bank holds the property title on behalf of the foreign buyer, who retains full ownership rights, including selling, leasing, or passing it to heirs.
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What is the role of a Mexican corporation in property ownership?If purchasing property for commercial purposes, a Mexican corporation can be established, allowing foreigners to hold property without a fideicomiso.
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What are the types of property ownership in Mexico?Private Property: Owned by individuals or businesses, freely bought, sold, or leased. Ejido Land: Communal land primarily for agriculture; purchasing ejido property can be risky due to unclear ownership rights. Restricted Zone Property: Requires a fideicomiso or a Mexican corporation for foreign ownership.
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What legal steps should I take before purchasing property?Title Search: Ensure a clear title, free of liens or disputes. Property Taxes: Verify there are no outstanding tax liabilities. Zoning & Permits: Confirm zoning laws and obtain required construction permits. Notary Public: A notary is legally required to validate and register property transactions. Escrow Accounts: Use an escrow service for secure transactions. Document Verification: Ensure all legal documents, including the deed and tax records, are legitimate.
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How can I avoid real estate fraud in Mexico?Fraudulent listings, forged documents, and fake ownership claims are common risks. To protect your investment: Work with a trusted legal expert to verify property legitimacy. Avoid direct transactions with unverified sellers. Use secure escrow services to manage funds safely.
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Why should I work with a legal expert?Navigating Mexico’s real estate laws can be complex, especially for foreign buyers. Encinas & Associates Law Firm specializes in guiding international clients through: ✔ Conducting due diligence ✔ Ensuring compliance with Mexican law ✔ Drafting and reviewing contracts ✔ Protecting your investment from legal risks For personalized legal assistance in your property purchase, Contact Encinas & Associates.
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