|
Questions and
Answers |
|
Q: I've always heard that foreigners
can't buy coastal property in Mexico, is that true?
No. While it was once true, times have
changed. Prior to 1973, foreigners were not allowed to hold
legal title or exercise direct rights to real property in an
area within 64 miles of Mexico's borders and 32 miles of its
coasts. But laws passed in 1973 and1993 have made it
possible for foreigners, foreign firms and Mexican firms
with foreign participation to acquire interests in coastal
real estate through a bank trust (Fideicomiso).
Q: Who is involved in this bank
trust?
Three parties. The seller of the
property is the Trustor. The bank is the Trustee. (Fiduciario),
and the buyer, or Beneficiary (Fideicomisario).
Q: How does the trust function?
Title to the property is transferred
to a trust with a Mexican bank acting as Trustee. The Trust
Agreement is formalized by the issuance of a permit from the
Mexican Ministry of Foreign Affairs. The lot or home buyer
is designated as Beneficiary in the Trust and the
beneficiary rights are recorded in the public record by a
Notary Public.
Q: What are my rights as a buyer?
The trust is a legal substitute for
fee simple ownership, but in this case, the Trustee is the
legal holder of the property. As Beneficiary, you have the
right to sell your property without restriction. You may
also transfer your rights to a third party, or pass it on to
named heirs.
Q: Is the trust renewable?
Yes. According to the Foreign
Investment Law passed in 1993, trusts can be renewed for an
indefinite number of successive 50 year periods. In effect
they run in perpetuity.
Q: If at a later date, I decide to
sell my property can anyone buy it?
Yes. If the buyer is also a foreigner,
you simply assign beneficial rights. If the new buyer is a
Mexican National, you can instruct the bank to endorse the
title in favor of the buyer.
Q: If the buyers is a foreigner, is
his interest limited to the balance of my 50 year trust?
No. Upon application, a foreigner
automatically receives his own renewal 50 year permit. This,
however, is not mandatory.
Q: Do many foreigners currently own
coastal property in Mexico?
Yes. Today thousands of foreign owners
enjoy their ocean side resort property; many have benefited
from the appreciation of their property.
(Special thanks to Marco Ehrenberg for writing much of
this article) |
Owning in Mexico |
|