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Foreign Information
What do I need to sign legal
documents in Mexico?
Baja real estate Buyers
need an FMT (tourist visa)
USA Passport or Original
Birth Certificate is all you need for FMT and Baja real estate Buyers may sign legal documents
with FMT or FM3 in front of the Notary.
Sellers must have a valid
FM3 to sign legal documents when selling your property. An FMT WILL NOT WORK
for a BAJA REAL ESTATE SELLER. A “seasoned electric bill) and a current electric bill along with
the seller’s FM3 will be the
documentation you need as a Seller to qualify for a zero capital gains tax
designation with the Notary.
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Foreigners can safely buy property in Mexico and enjoy the full rights of
ownership
Buying
real estate in México is quite different than
buying in the USA.
However, it can be done in a completely
safe manner. The most important
component in the purchase of real estate in México is a qualified,
knowledgeable, local real estate specialist from a reputable, recognizable company
working for your benefit. They can guide
you to safely-acquirable property and guide you through the purchase process with
the seller, lawyer and notary.
It
is a common misconception that only Mexicans can own real estate in México. There are two legal vehicles foreigners can
use to safely own property in México:
Fee Simple - Escritura – for property not in the Restricted Zone
(see below). If the property is in the Restricted
Zone, it can be purchased by a corporation that is wholly-owned by foreigners. The latter is more typically used with
commercial property, but it has also been used for residential property.
Bank Trust - Fidecomiso – where the Bank becomes the trustee
holding title and the buyer becomes the beneficiary of the trust. The buyer enjoys all of the same rights they
would have in fee simple ownership: the rights to buy, sell, lease, use,
bequeath, improve, transfer and encumber.
A Fidecomiso works much the same way as a family trust in the United States.
This is the simplest, safest way for a
foreigner to hold real property in coastal México.
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