Key Parties in Buying Mexican Real Estate at the Beach

When non-Mexican nationals buy Mexican real estate at the beach there are four key parties involved in the process in addition to the buyer. Buying Mexican real estate at the beach means that you will be purchasing within the restricted zone that is applicable when the property is within 50 km of the beaches and borders of the country. While it is still totally possible for foreigners to purchase Mexican real estate at the beach within the restricted zone, it requires an extra step, as you will see explained below.

Key parties in Buying Mexican Real Estate at the Beach

● A realtor (optional)
● Buyer’s Attorney (optional)
● Fideicomiso Bank trust (obligatory for foreigners)
● A Notary (obligatory)

A realtor for buying Mexican real estate at the beach

The real estate company offers much needed support and guidance when it comes to finding and buying your home, but also when it comes to the processes, laws, and regulations of real estate in Mexico. Each and every country has it’s own process when it comes to buying property so it never hurts to have the help of experienced and knowledgeable individuals. Nevertheless, using a realtor is not essential and you may well find a property for sale by other means.

Buyer’s attorney

Like using a realtor for buying Mexican real estate at the beach, hiring a buyer’s attorney is not essential, though very reassuring and useful. An attorney will represent and protect you in all legal dealings. In this case they can draw up contracts and reviews the terms and conditions of the sale as well as providing advice. However, only a licensed Mexican attorney should provide such advice as foreign attorneys are not licensed to practice law in Mexico and will not be qualified to provide you with advice on these matters. An attorney may also help you save money as they will be aware of the standard costs and fees and will be able to work to get you the best prices at each stage.


A Notario Publico (Notary) is a licensed Mexican attorney who has been certified by the state and federal governments to act as an unbiased and official representative for the Mexican government. There is no way that you can purchase Mexican real estate at the beach (or anywhere else in Mexico) without the services of a notary. And that goes for both foreigners and Mexican nationals. Notaries in Mexico have similar duties to those performed by Canadian notaries and have great responsibility (more than a notary would in the US, for example). A Notario Publico has to pass stringent exams and is considered a governmental official; their duties include providing strict security when it comes to original records and documents. They record all documents with the Public Registry of Property, and could be held liable in a court of law if something goes seriously wrong! The role of the notary is so important that any real estate transaction not ratified before one (and duly recorded) is considered invalid and unenforceable! In real estate transactions the notary is equally responsible to the buyer and seller, but ultimately works for and answers to the Mexican Government.

Fideicomiso bank trust

Finally, if you want to buy Mexican real estate at the beach you are going to be buying a property within the restricted zone. This means that you will require a Trustee Bank to act as a fideicomiso (trustee) for you. You can choose any established and qualified bank so long as they are registered in Mexico and have a Trust Department; the bank will ensure that the closing is legal and appropriate and will issue a trust for the real estate for your use alone. The bank cannot transfer ownership, change beneficiary rights, or do anything with the property without your written instruction, too, so you can be sure it is totally legitimate and safe. Better yet, Mexican banks have the protection of the government when it comes to warding off bankruptcy; the trust is guaranteed indirectly by the government.

If you buy property in Mexico you’re likely to deal with these four key parties at some point or another.

Are Foreigners Allowed to Purchase Real Estate in Mexico?

If you have been wondering whether or not you, as a foreigner, can buy property in Mexico then the quick and easy answer is yes. Foreigners can buy real estate in Mexico even if the land is in an area near the coast or foreign borders (areas considered federal zones).You may have heard that this is not the case, but that is merely a common misconception caused by the fact that foreigners who wish to purchase land or property within 31 miles of the coast and/or 62 miles of Mexico’s international borders must use a fideicomiso land trust in order to make their purchase legal. You will be pleased to read that the process of getting a fideicomiso land trust is quite straight forward and easy, and is a common service offered by many banks in Mexico.

Fideicomisos and Bank Trust Institutions

If non-Mexican citizens buy land or real estate in Mexico within the restricted federal zones, such as the popular beach destinations of Puerto Vallarta, Riviera Nayarit or Cabo San Lucas, a trust deed must be established with a Mexican national or institution (such as a bank). This institution then acts as a trustee on behalf of the foreigner wishing to purchase real estate in Mexico. While the bank acts as an intermediary, the benefactor (the foreign buyer) holds all the rights associated with ownership. In other words, the person who does the investing controls all the rights to the trust while the trustee oversees and manages the trust, and you enjoy the rights to occupy, rent, bequeath, and/or sell your real estate in Mexico.

Renewable Bank Trusts

Initially the term of a Fideicomiso bank trust when buying real estate in Mexico as a foreigner is fifty years, renewable for a further fifty year term in perpetuity. If you choose to sell your property to a Mexican national the trust can be terminated, but if you sell to another foreigner it can simply be transferred. Of course the foreigner purchasing your property can set up their own fideicomiso if they wish to.

Appointing Beneficiaries for real estate in Mexico

Upon the finalization of the trust you will have to appoint a beneficiary/beneficiaries to receive all the rights of the trust should you pass away before the end of the 50 year lifetime of the trust. This takes away the stress of your heirs needing to follow any probate proceedings with the Mexican courts should you pass away unexpectedly. This will save them time and money, but more importantly, it will be one less thing to worry about if the worst came to pass.

For more information about purchasing real estate in Mexico, contact us toll free:

Cabo San Lucas: 1 877 499 1901
Riviera Nayarit: 1 866 843 7005

Real Estate in Puerto Vallarta

Try and Buy Real Estate in Puerto Vallarta and Riviera Nayarit

One of the great aids to help you choose the right real estate in Puerto Vallarta and Riviera Nayarit for you and your family is to take part in Try and Buy Real Estate programs. Try and Buy programs will enable you to visit the properties that you are interested in purchasing in a foreign land at subsidized prices. In that way, the expenses involved in purchasing property in Puerto Vallarta and Riviera Nayarit are reduced greatly.

Real Estate in Puerto Vallarta
Villa La Estancia Residences

Villa La Estancia’s Try and Buy Real Estate Program

The try and buy option at Villa la Estancia Residences in Riviera Nayarit is called the Real Estate Discovery Program. This tailored program allows you to try out the residences at Villa La Estancia Riviera Nayarit before making the commitment to buy a property. That way, you can see if you like the residence, community and luxury facilities first hand. As Villa La Estancia Residences Sales Director, Nilo Lucas, says, “once you have stayed at Villa La Estancia Residences and experienced the luxury and stunning surroundings for yourself, there will be no doubt in your mind!”

Who is Suited for the Try and Buy Program?

This real estate try and buy program is designed for those people who are genuinely interested in purchasing a luxury fraction in one of the Villa La Estancia Residences or full ownership. The idea is that you have probably read all about the properties, and perhaps even spoken to a sales agent to spark your interest.

What the program includes

The Villa La Estancia Residences Try and Buy Discovery Program will provide 4 nights accommodation at one of our resorts. The cost of your accommodations will be substantially discounted, however, the price of the package vary depending on the season and is subject to availability. Up to 6 people are allowed in a Two Bedroom Villa. There are also 3 Bedroom Villas and Oceanfront Villas available. As there is a limited supply of villas at this promotional price, they are only available on a first come first serve basis.

There are some rules that apply to be eligible for this try and buy real estate privilege.

  1. You must be 30 years of age or older, fully employed or retired and have an annual household income greater than $100,000 USD.
  2. Travel costs to and from Villa La Estancia in Nuevo Vallarta, Riviera Nayarit are at your own expense.
  3. You must attend a presentation and tour of the property. This presentation is educational in nature and will allow you to understand our Real Estate product and Villa La Estancia Lifestyle. If you do not participate in the discovery presentation, Villa La Estancia will charge your credit card an additional $250 USD per night for your visit.
  4. There is a specific request form that must be completely filled out. Click here .
  5. The villas cannot be reserved more than 45 days prior to your visit.
  6. Your reserved villa must be paid in full with a major credit card before receiving a confirmed reservation.

For more information about real estate in Puerto Vallarta and Riviera Nayarit or to clarify any details, please contact Nilo Lucas , Sales Director at Villa La Estancia Residences.