FAQS
Buying in Mexico

The Los Cabos real estate market continues to offer exceptional investment opportunities for developers, retirees, and luxury real estate investors.

While past global and U.S. financial fluctuations temporarily impacted Mexico’s coastal real estate market, Los Cabos has since experienced a remarkable resurgence. Over the last few years, the luxury real estate market has not only rebounded but is thriving, with a growing demand for high-end properties and a steady increase in sales.

Despite this growth, there are still attractive investment opportunities at competitive prices. However, these deals are becoming increasingly rare as savvy local and foreign retirees and investors recognize the unique value of Los Cabos properties. With its stunning natural beauty, welcoming community, and year-round magnificent weather, Los Cabos remains one of the best-priced luxury markets on the West Coast.

To protect and enhance your investment, Oceanside Real Estate partners with trusted professional property management companies, ensuring peace of mind and seamless property upkeep.

To assist you further, we’ve compiled answers to the most frequently asked questions from buyers navigating the Los Cabos real estate market.

The Los Cabos real estate market offers exceptional investment opportunities for developers, retirees, and luxury real estate investors.

While past global and U.S. financial challenges briefly impacted coastal real estate in Mexico, Los Cabos has experienced a robust recovery. Over recent years, the luxury real estate market has surged back, with increasing demand driving steady growth in property sales.

Opportunities for acquiring properties at attractive prices still exist, but they are becoming more limited as both local and international investors recognize the unmatched value of Los Cabos real estate. With its breathtaking natural beauty, welcoming community, and year-round perfect weather, Los Cabos stands out as one of the West Coast’s most desirable destinations for property investment.

To safeguard your investment, Oceanside Real Estate collaborates with reputable property management companies, ensuring your property is well-maintained and providing you with peace of mind.

To support you further, we’ve created a comprehensive list addressing the most frequently asked questions from buyers navigating the Los Cabos real estate market.

The answer is a resounding yes! Foreign citizens, including Canadians, Americans, and Europeans, can acquire real estate in Mexico, including its coastal areas. The primary method for purchasing property within the restricted zone (50 kilometers from the coast or 100 kilometers from the border) is through a Mexican bank trust, known as a Fideicomiso.

This legal arrangement allows foreign individuals, foreign companies, or foreigners who hold shares in a Mexican corporation to acquire and securely own property. For properties in Mexico’s interior, ownership can be held through direct title, while in coastal areas, ownership is facilitated through the Fideicomiso, enabling foreigners to purchase beachfront properties with full rights and protections.

A bank trust, known locally as a Fideicomiso, is a legal agreement established within the title deed. Under this arrangement, a Mexican bank, acting as the trustee (Fiduciario), holds the title of the property on behalf of the foreign buyer (Fideicomisario). The buyer retains full beneficial rights, granting them the ability to use, rent, sell, or pass down the property to heirs, ensuring security and legal protection for foreign ownership within Mexico’s restricted zones.

A new Fideicomiso (bank trust) is typically established for an initial period of 50 years. It can be renewed indefinitely for additional 50-year periods, ensuring long-term security and uninterrupted ownership rights for foreign buyers and their heirs.

Yes, you can take over an existing Fideicomiso (bank trust). When doing so, it’s important to verify how many years remain on the current trust. Depending on the remaining term, it may be more beneficial to establish a new 50-year Fideicomiso to ensure maximum ownership duration and flexibility.

Absolutely. When you acquire property in Mexico through a Fideicomiso (bank trust), the property is held by a Mexican bank as the Trustee (Fiduciario), who acts as the legal titleholder. The responsibilities of both the Trustee and the purchaser are explicitly outlined within the Bank Trust, which is part of the property’s title deed.

As the beneficiary (Fideicomisario) of the trust, you retain full rights to the property, including the ability to rent, sell, or transfer ownership. The Trustee’s role is strictly administrative and operates solely on your written instructions, ensuring your ownership and decisions are fully protected.

The number of parties involved in a real estate transaction through a Fideicomiso (bank trust) depends on the seller’s background:

  1. If a Mexican national is selling a property to a foreigner: Typically, four main parties are involved:

    • The purchaser
    • The seller
    • The public notary
    • The bank
  2. If a foreigner is selling to another foreigner in the coastal region: Approximately five parties are involved:

    • The purchaser
    • The seller
    • The public notary
    • The seller’s bank (holding the existing trust)
    • The purchaser’s bank (if establishing a new trust with a different bank)

Note: The role of the real estate broker or agent is critical in every transaction. A skilled agent not only facilitates communication among all parties but also ensures that the process runs smoothly by providing accurate information and guiding clients through each step of the purchase.

A Mexican Public Notary (Notario Publico) is a highly qualified lawyer appointed by the governor of the specific state after passing rigorous exams. This appointment is typically for life.

The purchaser usually selects the Public Notary since the purchaser is responsible for paying the closing costs. Although the purchaser pays the Notary’s fees, the Notary is obligated to remain neutral, ensuring fairness to both the purchaser and the seller.

The primary responsibilities of a Public Notary include:

  • Preparing the title deed: The Notary reviews the title chain (ownership history) of the property to ensure it is clear and legitimate.
  • Verifying liens and taxes: The Notary confirms there are no outstanding liens, encumbrances, or unpaid property taxes. For properties within gated communities or condominiums, the Notary ensures maintenance fees are current.
  • Overseeing official requirements: This includes validating evaluations, tax appraisals, non-lien certificates, and other necessary documents to finalize the property transfer.

On the scheduled closing date, the buyer, seller, and bank Trustee meet with the Notary to sign the deed. After certification by the Notary, the deed is sent to the Public Registry’s office for official inscription.

Once registered, the title is returned to the Notary’s office, and the purchaser can collect the registered title, completing the transaction.

The process of selling your property is straightforward with the right guidance. Once you receive and accept an offer, you will provide your trust bank with a formal letter of instructions notifying them of the sale.

The Public Notary will handle the preparation of the title and all necessary paperwork. When the documents are complete, you will sign the deed in the presence of the Notary and other involved parties.

After the deed is signed, the net proceeds (after taxes and expenses) will be wired to your designated account.

While this summary simplifies the process, much of the coordination, including document preparation and liaising with the bank and Notary, is managed by your real estate professional. They will guide you through each step, ensuring a smooth and efficient transaction.

In Los Cabos, the purchaser is responsible for the closing costs. These include the Public Notary’s fees, transfer taxes (purchase tax), escrow fees, and all other costs associated with the transfer of ownership.

The seller, on the other hand, is responsible for paying the Mexican capital gains tax (Impuesto Sobre la Renta), if applicable, as well as the real estate agent’s fees. Additionally, the seller must ensure that all trust bank fees, property taxes, and other related payments are fully up to date through the closing date.

It’s challenging to provide an exact figure for closing costs, as they vary based on the specific property being purchased. However, buyers can generally expect to pay approximately 4% to 6% of the property’s value in closing costs. These fees are in addition to the purchase price of the property.

To ensure transparency and avoid unexpected expenses, it’s important to request a detailed estimate of closing costs from your real estate expert prior to making an offer.

The timeline for closing a real estate transaction in Mexico largely depends on the specific property and the completeness of its paperwork. If all documents are in order and there are no complications, you can typically expect the closing process to take 45 to 90 days.

Mexican immigration regulations are subject to change, so it is essential to stay informed about the latest requirements before applying for a resident visa. Independent agents can assist with the process, which may involve multiple visits to the local immigration office before you receive your resident card.

For the most accurate and up-to-date information, visit your local Mexican consulate or the official website of the National Immigration Institute (INM), where you can find detailed requirements for applying for or upgrading your immigration status.

There are three primary immigration statuses and associated visas for foreign visitors to Mexico:

  • Tourist Visa
    When entering Mexico by land or air, customs will issue a Tourist Visa valid for up to 180 days. This visa allows you to vacation in the country but prohibits engaging in any profitable activities during your stay.

  • Temporary Resident Visa
    If you plan to live in Mexico full-time, the Temporary Resident Visa is the next step. It allows you to stay for one year, with the option to renew for up to four years. This visa is highly recommended for property owners and offers flexibility for foreign travel. You can also add a work permit to your Temporary Visa, granting the legal right to work in Mexico.

  • Permanent Resident Visa
    After maintaining Temporary Resident status for four years, you may apply for a Permanent Resident Visa. This visa allows you to live and work in Mexico without restrictions, granting you rights similar to those of Mexican citizens, except the ability to vote. To maintain your status, you must notify the INM of any address or work changes within 90 days of their occurrence.

Regulations for using foreign-plated vehicles in Mexico are subject to strict enforcement and may vary depending on your immigration status and the region you are in. To avoid any legal issues, it is crucial to understand and comply with these regulations.

For the most accurate and up-to-date information, consult the website of Mexico’s Foreign Affairs Department or seek guidance from a qualified legal adviser familiar with vehicle importation and usage laws in Mexico.

As of 2025, the Los Cabos real estate market is experiencing significant growth, particularly in the luxury segment, which is projected to expand by 15%. High-end buyers from North America and Europe are driving this growth, seeking properties that offer luxurious lifestyles and strong investment potential. Additionally, approximately 30% of new homes incorporate sustainable and eco-friendly practices, reflecting an increased focus on environmental consciousness among developers and buyers.

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Several neighborhoods in Los Cabos are attracting attention in 2025 for their unique appeal and strong investment potential:

  • Diamante Cabo San Lucas: Renowned for luxury amenities and golf courses.
  • Puerto Los Cabos: A vibrant marina community with high-end homes.
  • Querencia: A private enclave with exclusive residences and golf.
  • Marina District: A bustling hub offering vibrant nightlife and waterfront properties.
  • East Cape: An emerging hotspot with pristine beaches and sustainable development opportunities.
  • Hacienda Beach Club & Residences: luxury living in the heart of Cabo San Lucas.
  • Club Campestre: A sought-after community built around a Nicklaus Design golf course.
  • East Cape: Is gaining popularity for its unspoiled beaches and opportunities for sustainable development.

Each of these areas caters to different lifestyles and investment preferences, making Los Cabos a diverse and dynamic market.

Foreign buyers can access various financing options in Los Cabos. Cross-border mortgages are available through institutions like Intercam Banco and MOXI (formerly Global Mortgage), offering opportunities for U.S. and Canadian citizens. Mortgage rates in Mexico typically range from 8% to 12%, higher than in the U.S. or Europe. Buyers should evaluate their options carefully to determine the best fit for their financial situation and investment goals.

Sustainable real estate is gaining momentum in Los Cabos, reflecting a global shift toward environmental awareness. As of 2025, approximately 30% of new developments incorporate eco-friendly features such as energy-efficient appliances and solar power. This trend highlights the commitment of developers to meeting the growing demand for sustainable living while offering environmentally conscious investment opportunities.

Los Cabos offers an unparalleled lifestyle that blends luxury, relaxation, and adventure. With its pristine beaches, world-class golf courses, vibrant nightlife, and gourmet dining, it caters to those seeking a refined coastal living experience. Outdoor enthusiasts can enjoy activities such as sport fishing, surfing, hiking, and snorkeling in the region’s breathtaking natural landscapes.

The community is welcoming and diverse, with residents and visitors from around the world. Los Cabos also boasts a rich cultural heritage, with local art, festivals, and traditions adding to its charm. Whether you’re looking for a serene retreat, a bustling social scene, or family-friendly amenities, Los Cabos has something for everyone.

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Alvaro Obregon 1505, Gallery District, Centro, 23400 San José del Cabo, B.C.S., Mexico