This page will give buyers a basic understanding of how owning real estate in Puerto Aventuras, and Mexico in general, works.
Under the Mexican constitution, foreigners are not allowed to acquire property title in a direct way within the restricted zone.This area defined as being within 50 kilometers along coastline and 100 kilometers along borders.
This is by no means poses any restriction that prevents foreigners from the enjoyment of owning property here in Mexico. The Mexican Government has implemented a system which by means of Mexican banks, foreigners are able to acquire the property and place it in trust for the sole “use and enjoyment” of a beneficiary. This right includes the right to re-sell the property at fair market value any time during the trust. The law makes it possible for foreigners to have same rights as direct owners of a property.
Fideicomiso (TRUST) is a contract binding between two or more parties that include a Mexican bank to provide security and clarity to the fulfillment of its agreements.
Any Foreigner or Mexican can constitute a Fideicomiso (equivalent to a Beneficial Trust), in order to purchase Real Estate in Mexico, including property inside the Restricted Zone. The buyer will hire a Mexican bank to act as a trustee on her/his behalf.
The Fideicomiso is established for a 50 year renewable period. During this period the Bank becomes the legal owner of the property all to the exclusive administration for the benefit of the Buyer/Beneficiary, who will have the use and possession of the property at all times. The foreigner may live on the property undertaking any alterations and/or improvements and at the same time having the ability to instruct the Bank on mortgaging, renting, selling or transfer the title of the property to another individual or corporation. The Fideicomiso can be used as a form of will for the property acquired in Mexico due that the law allows the foreigner to assign secondary beneficiaries in case of death. During this period, the Foreigner is able apply for a Mexican residence or FM3 visa. There are excellent tax exemptions in acquiring a resident immigration status. Please contact us for more information regarding this subject.
The Bank (Trustee) is responsible for the Buyer/Beneficiary to ensure precise fulfillment of the trust in accordance to Mexican Law, assuming full technical, legal and administrative supervision in order to protect the interests of the Buyer/Beneficiary. Note: The property held in a Fideicomiso (bank Trust) is not considered an asset of the Bank at any time. The Bank only does what it is told by the owner (beneficiary).
For practical purposes, even in unrestricted zones many Foreigners and Mexicans, for that matter, prefer to hold their Real Estate under a Fideicomiso.
Puerto Aventuras Investments is here to assist with a smooth transaction and will be here every step of the way.