St. James Gate of Puerto Peñasco Mexico has been established to help investors, developers and property buyers acheive the results they are looking for. Buying in a foreign country can be intimidating once a person know enough to look at how different it is than in the US but if you understand the basics and know where to get help it is easy to acheive your dreams safety and effectively.
My business partner wrote the following article that provides you with some of the legal basics here in Mexico:
As we begin our series on the legal aspects of purchasing Mexican real estate, it would seem that a review of some of the general questions that virtually every American and Canadian I've worked with over the past twenty years asks.
What is Mexico's "restricted zone"?
The "restricted zone" is defined as being any real estate that is within 30.5 miles (50 kilometers) of Mexico's coast, or 61 miles (100 kilometers) of Mexico's border with any other nation. Within this zone non-Mexicans can own real estate, but are required by Mexico's Foreign Investment Law to do so through a bank trust.
Why did Mexico establish the restricted zone?
The restricted zone is enshrined in the Mexican constitution's article 27, and was designed to protect Mexico from possible invasions. While this is certainly a vanishingly remote possibility today, it is important to remember that Mexico has experienced several invasions, wars, and tremendous losses of territory in its history, and the restricted zone is really nothing more than a legacy of that history. From the non-Mexican investor's perspective, the important thing to remember is that Mexico's Foreign Investment Law was designed to facilitate the safe acquisition of coastal and border properties by non-Mexicans, and specifically designed to protect foreign owners rights.
Is a bank trust a form of lease?
The trust is not a lease, and confers on the trust-holder the same rights that "ownership" does in the United States or Canada.
Are bank trusts safe?
Yes. For over 35 years these trusts have proved themselves a secure mechanism for the more than a million and a half Americans and Canadians who are now enjoying the lifestyle and financial benefits of Mexican property ownership.
Under this arrangement, the bank simply holds the deed to the property for you or your assignees. Your property is not part of the bank's assets and cannot be subject to bankruptcy, lien, or attached to bank obligations. You have all ownership rights to the property. The bank is obligated to do with the property everything you instruct them to do.
Will I be able to will my Mexican property to my children and grandchildren?
The term of the trust is 50 years, renewable for additional 50 year period. Trusts are renewable at any time by simple application. It was never the intent that trust-held properties pass back to the government at the end of the trust period, which has been a common misconception of purchasers from the United States and Canada. Dream of your grandchildren playing on the beach!
Is there any other way for a non-Mexican individual to purchase real estate in Mexico?
Not within the restricted zone, but properties anywhere outside the restricted zone (for example: Mexico City, Guadalajara, Puebla, Hermosillo, Alamos, etc.) anyone can buy property on a fee simple basis, and it is both legal and common for non-Mexicans to own property in those areas on that basis. In future articles we will discuss in detail your ownership options near the coast.
Is it safe to buy directly from an owner?
While anything is possible, we advise our clients to never buy directly from an owner, and always work with an agent or broker established and licensed in Mexico. It is also very important that the broker you choose be an accredited member of an established organization of real estate professionals in Mexico (for example, in Rocky Point, by being a member of AMPI) and be registered with the Sonora Real Estate Agents Registry. It is not rude to ask for proof of registration, and you should do so!
We have been told that a "Notario" will be involved in our purchase. What is a "Notario"?
A Notario is a person with a knowledge of Mexican law who is involved in certain aspects of paperwork preparation in real estate transactions. It is extremely important to remember that a Notario cannot represent you in your real estate transaction, and not to confuse the role of a Notario -- who may offer advice, but who cannot represent you -- with your attorney, who is solely your advocate.
Do I need to have an attorney to close my real estate transaction in Mexico?
Not necessarily. The best brokerages are usually already working with a professional and established United States based title processor. In this case it is not absolutely necessary for you to hire an attorney. That being said, it is always a good practice to take all the relevant paperwork to an attorney of your choice licensed in both Mexico and the United States. His role should be -- at the very least -- to review all documents related to your transaction and give you input. Furthermore, it is also very important for most American's and Canadians -- all those not fluent in Spanish! -- that they receive accurate and complete translations of all the documents related to their real estate purchase. Documentation must be translated into English to be useful and understandable to you, not just a pile of papers with no meaning because they are in a language that you do not read! At O'Farrill & Associates we pride ourselves on the thoroughness and precision of our translators, and the accuracy of the materials presented to our clients.
Frankly, it never ceases to amaze me that this question is asked in the first place, so I will answer it slightly differently, with a question of my own: would you consider purchasing real estate in the United States or Canada without the advice of an attorney?
What characteristics should I look for in choosing my Mexican attorney?
Look for an attorney licensed not only in Mexico but also in the United States either as an attorney, or as foreign legal consultant in Mexican law. The United States license is imperative since attorneys without it will not have professional liability if a mistake occurs. In general, your attorney should be: licensed in Mexico, member of a Bar Association in the United States (ideally -- for purchasers in Sonora State -- the Arizona State Bar Association), and a member of the American Bar Association.
Beyond professional liability, are there other reasons why is it important that my Mexican attorney also be licensed in the United States?
Yes, and they relate not solely to future problems, but to real opportunities. Mexican attorneys are not generally familiar with the legal and tax implications of Mexican real estate ownership for citizens of the United States. Even for simple residential purchases the buyer should be properly briefed by an attorney familiar with American law regarding these implications -- which do not always relate to problems -- and may well offer tax advantages and opportunities if the purchase is structured correctly. These factors become even more important if the purchaser is interested in raw land, or in becoming a developer.
How can I learn more about buying real estate in Mexico?
As with any other investment opportunity, a solid grounding in the standards and practices of the market you are interested in is always helpful. At our firm's website -- otptrust.com -- we offer a download of a printable version of the "Buying Real Estate in Mexico (A Consumer's Guide)" published by the Arizona Department of Real Estate, which is short, understandable, and informative.
So you've secured the services of a reputable real estate brokerage, proper legal counsel, and may have found your Dream Mexican Property: what comes next?
In upcoming articles we look forward to presenting information regarding two subjects of great importance: the Title Verification process and purchasing United States Title Insurance for your Mexican property; and an article that reviews in detail the various options you have for ownership of real estate in Mexico (Ownership as an Individual, Forming a LLC, Forming a Mexican Corporation).
Always remember that Mexico wants it's non-Mexican real estate owners to feel perfectly secure that their investment in Mexico is as safe as their other holdings in their home countries. Each of the mechanisms that we have described -- and will describe in future articles -- have been carefully designed to serve that end. With just a small amount of prudent effort at the start of your journey into Mexican real estate, your ownership of part of Mexico's magnificent coast will be simple and safe!
By Raul O'Farill, St. James Gate
Once you have read this feel free to read other articles on our website www.stjamesgate.ws or let us know how we can help you.
Wayne Corcoran, St. James Gate, info@stjamesgate.ws,