Buying Property in Mexico as a Foreigner: Everything You Need to Know About the Fideicomiso
Are you a non-Mexican interested in owning property along Mexico’s beautiful coastlines or near its borders? You may have heard that foreigners can’t directly own land in these areas.
But there’s good news: thanks to a legal tool called a fideicomiso, you can still safely and legally invest in real estate in Mexico’s most desirable locations.
In this guide, we’ll explain what a fideicomiso is, how it works, and why it’s the trusted solution for thousands of international buyers in Mexico.
What Is a Fideicomiso (Real Estate Trust in Mexico)?
A fideicomiso is a Mexican real estate trust that allows foreigners to purchase and control property within the Restricted Zone: an area that includes all land within 50 km (31 miles) of the coastline and 100 km (62 miles) of international borders.
Under this system:
The arrangement is protected under Mexican law and renewable every 50 years indefinitely.
The property is held in trust by a Mexican bank.
The buyer (you) is the beneficiary of the trust, with full rights to use, lease, sell, or inherit the property.
What is a Restricted Zone?
The Restricted Zone covers:
- 100 km from Mexico’s borders
- 50 km from any coast
This includes many of Mexico’s most popular real estate markets, such as:
- Riviera Maya: Cancún, Playa del Carmen, Tulum, Isla Mujeres
- Pacific Coast: Puerto Vallarta, Bucerías, Mazatlán
- Baja Peninsula: Cabo San Lucas, San José del Cabo, La Paz
To own property in these areas as a foreigner, you must use a fideicomiso.
Key Players in a Fideicomiso
Here are the three parties involved in a fideicomiso:
- Trustor (Fideicomitente): The seller of the property
- Trustee (Fiduciario): The Mexican bank holding legal title
- Beneficiary (Fideicomisario): You, the foreign buyer with full control over the property
What Rights Do You Have as the Beneficiary?
Despite not holding the direct title, the fideicomiso grants you virtually the same rights as any property owner in Mexico:
✔️ Use and Enjoyment
You can:
- Live in the property full-time or part-time
- Use it as a vacation home
- Rent it out short-term or long-term
- Renovate or improve it as you see fit
✔️ Sell at Any Time
You can sell the property at any point:
- To another foreigner (they will set up their own fideicomiso)
- To a Mexican national (they can own it directly)
✔️ Pass It On to Heirs
You can designate one or more beneficiaries in your trust to inherit the property. The transition is smooth, avoiding the complexities of probate or other legal disputes.
✔️ Make Modifications
You’re free to:
- Remodel the kitchen
- Build a pool
- Upgrade the interiors
- Landscape the garden
- All improvements are fully allowed under the trust.
Can You Finance a Property Held in a Fideicomiso?
Yes! Many Mexican banks and mortgage providers such as Mexico Mortgage Hub offer financing options for foreigners, even when buying through a fideicomiso.
This means you can:
- Use a mortgage loan to buy your dream home or investment property
- Leverage your capital and maximize ROI
- Finance renovations or upgrades
How Long Does a Fideicomiso Last?
- A fideicomiso is established for 50 years, renewable for additional 50-year periods indefinitely.
- There is no limit to the number of renewals.
- Renewals can be done by you or your heirs, ensuring multi-generational ownership.
How to Set Up a Fideicomiso in Mexico
Here are the steps to establish your fideicomiso:
- Get permission from the Mexican Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores or SRE).
- Choose a bank authorized to serve as a trustee.
- Sign the trust agreement with the bank.
- Formalize the trust via a notary public.
- Register the deed with the Public Registry of Property.
Costs Involved
While setting up a fideicomiso involves additional steps, it’s a straightforward and well-regulated process. Be aware of:
- One-time setup fee (varies by bank)
- Annual maintenance fee (usually between $500–$1,000 USD)
- Notary and registration costs (as in any real estate transaction)
Why Use a Fideicomiso to Buy Real Estate in Mexico?
Here are the top benefits of purchasing through a fideicomiso:
✅ 1. Legal Security
- Fully compliant with Mexican law
- Protects your investment
- Reduces the risk of ownership disputes
✅ 2. Total Control
- Use, lease, renovate, or sell the property at your discretion
- Freedom to designate heirs
✅ 3. Simplicity and Peace of Mind
- Trustee bank handles legal and administrative tasks
- Easier management of property across borders
- Renewable long-term structure
Final Thoughts: A Fideicomiso is Your Gateway to Mexican Real Estate
With a fideicomiso, foreigners can confidently purchase property in Mexico’s most desirable coastal and border areas. Legally, securely, and with full control.
Whether you’re buying a beachfront villa in Tulum or a retirement condo in Puerto Vallarta, the fideicomiso makes it possible for non-Mexicans to invest in Mexico without complications.
👉🏻 Read more: Buying property as a Canadian: Where should you invest?
How Homes in Mexico Can Help
At Homes in Mexico, we specialize in guiding foreign buyers through the entire purchasing process, including:
- Property search
- Legal support
- Fideicomiso setup
- Financing advice
We work with trusted banks, lawyers, and developers to ensure a seamless and secure experience.
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