Every year, thousands of expats and investors look into purchasing real estate in Mexico. But can foreigners actually own land here? The short answer is a resounding yes — and this guide explains exactly how.
Every year, thousands of Americans, Canadians, and other foreign nationals look into purchasing real estate in Mexico. The warm climate, stunning coastlines, and affordable luxury make it one of the most compelling real estate markets in the world. But can foreigners actually own land here? The short answer is a resounding yes — and this guide explains exactly how.

Can Foreigners Buy Property in Mexico?
Yes — with one important nuance. Mexico's constitution prohibits direct foreign ownership of land within the Restricted Zone, which covers all land within 50 km of any coastline and 100 km of any international border. Since virtually all of Los Cabos falls within this zone, foreign buyers use a legally established workaround: the Fideicomiso.

What Is a Fideicomiso (Bank Trust)?
A Fideicomiso is a bank trust in which a Mexican bank (the trustee) holds legal title to the property on behalf of the foreign buyer (the beneficiary). As the beneficiary, you retain 100% of all ownership rights: you can use, rent, improve, sell, or pass on the property to heirs. The trust is established for 50 years and is renewable indefinitely.
- Setup cost: approximately $1,000–$2,000 USD, paid once at closing
- Annual bank administration fee: approximately $500–$1,000 USD per year
- Duration: 50 years, renewable with no limit
- Rights: full use, rental, renovation, sale, and inheritance rights
- Managed by major Mexican banks including BBVA, Santander, and Scotiabank
The Step-by-Step Buying Process in Mexico
Buying property in Mexico as a foreigner is a straightforward process when you have the right team. Here is what the journey looks like from start to finish.
- Step 1 — Property search: Work with a trusted local real estate advisor to identify properties that fit your lifestyle and investment goals.
- Step 2 — Letter of intent: Once you find the right property, submit an offer via a formal letter of intent.
- Step 3 — Due diligence: Your attorney conducts a full title search and reviews all permits, HOA documents, and tax records.
- Step 4 — Promissory contract (Promesa): A formal purchase agreement is signed and a deposit (typically 10%) is placed in escrow.
- Step 5 — Fideicomiso setup: Your attorney works with a Mexican bank to establish or assume the bank trust.
- Step 6 — Closing with the Notario: The Notario Público (a government-appointed attorney) oversees the final deed signing and registers the transaction.
What Are the Closing Costs in Mexico?
Closing costs in Mexico are higher than many buyers expect. Budget approximately 4–6% of the purchase price in total closing costs. These typically include:
- ISABI (Property Acquisition Tax): 3% of the purchase price (statewide flat rate in Baja California Sur as of 2026)
- Notario fees: approximately 1–1.5% of the purchase price
- Fideicomiso setup fee: approximately $1,000–$2,000 USD
- Title insurance (optional but strongly recommended): approximately 0.5%
- Appraisal and registration fees: approximately $500–$1,000 USD
- Total closing costs: budget 4–6% of the purchase price

Your Trusted Guide for Every Step
The difference between a stressful ordeal and a seamless transaction comes down to the team you choose to represent you. At The Cabo Compass, we specialize in guiding foreign buyers safely through every step — from your first search to the day we hand you the keys.

Sergio Benitez
Luxury Real Estate Advisor · Los Cabos, México
12+ years guiding buyers and investors through Los Cabos real estate.
