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Buyer's guide

How to buy property in Los Cabos as a foreigner

Written by Derek Exner10 min read
How to buy property in Los Cabos as a foreigner

QUICK ANSWER

Yes. A foreign buyer can obtain the use and benefit of residential property in Los Cabos through a Mexican bank trust, or fideicomiso. The purchase should still include independent legal review, confirmation of the ownership regime, a specific closing-cost estimate and a realistic assessment of use, operation and resale.

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Begin with the ownership structure

Los Cabos is inside Mexico's restricted zone: the area within 50 kilometers of the coast and 100 kilometers of an international border. Foreign individuals generally use a trust authorized by Mexico's Ministry of Foreign Affairs to acquire residential property in this zone.

The bank acts as trustee and the buyer as beneficiary. Subject to the trust agreement, the beneficiary can use and lease the property, name substitute beneficiaries and transfer the beneficial rights. The authorization may be issued for up to 50 years, so renewal should be considered well before expiration.

The right property must also be properly documented

Before making a non-refundable deposit, ask independent counsel to review title, liens, seller authority, property taxes, HOA status, condominium rules, permits and whether the built property matches what was authorized.

For presale property, diligence extends to the developer's structure, ownership of the land, licenses, construction schedule, specifications, penalties and how deposits are managed. An attractive rendering does not replace that review.

Architecture and daily life in El Tezal, Los Cabos
The exact home, access and operation matter as much as the neighborhood name.

Calculate the full cost, not only the asking price

A purchase budget can include taxes and government charges, notary fees, appraisal, trust setup and annual bank fees, inspection, furniture, insurance and HOA dues. Amounts vary by transaction, property and bank, so request a transaction-specific closing estimate.

If rental use matters, include management, cleaning, repairs, utilities, vacancy and tax obligations. Model returns using conservative scenarios and comparable evidence, not only an ideal nightly rate.

Turn your priorities into a buyer brief

Define how many weeks you expect to use the home, who will travel with you, how important beach or airport access is, whether rental use is necessary and how long you intend to hold the property.

A focused search reduces unnecessary tours and makes it easier to identify which development serves your objective. A useful advisor should help you rule options out with reasons, not simply add more listings.

FREQUENTLY ASKED QUESTIONS

What is worth clarifying before moving forward

Does the bank become the owner of my home?+

The bank holds fiduciary title while the beneficiary retains the use and benefit rights set out in the trust agreement. Review the instrument with independent counsel.

How long does a fideicomiso last?+

Mexico's Ministry of Foreign Affairs indicates that the permit may be granted for up to 50 years. Renewal planning depends on the term of the specific trust.

Can I rent the property?+

The trust may allow rental income, but rental use must also comply with condominium rules, permits and tax obligations.

SOURCES AND METHODOLOGY

Mexico Ministry of Foreign Affairs — restricted-zone trustsMexico Foreign Investment LawInformational content. It does not replace independent legal, tax, notarial, engineering or financial advice. Property-specific facts must be confirmed before purchase.
Derek Exner
Written by

Derek Exner

As a foreign resident living in Cabo, Derek understands the questions that appear before and after making the move. He brings a lived perspective to buying and settling into Los Cabos.

Felipe Torres
Editorial review by

Felipe Torres

Founder and broker of Baja Residences. His passion for Los Cabos and real estate shapes the way he works: supporting the team, opening opportunities and bringing a local point of view to every decision.

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