Questions buyers ask

Buying in Mexico works differently from buying at home. These are the questions we hear most, answered plainly.

Ownership and legal

Can foreigners buy property in Cabo?

Yes. Mexico’s constitution creates a “restricted zone” within 50 km of the coast, and all of Los Cabos falls inside it. That doesn’t bar foreign buyers — it sets how they hold title. For a residential property, that is a fideicomiso, a bank trust set up for you.

What is a fideicomiso, and do I actually own the property?

A fideicomiso is a trust. A Mexican bank holds title as trustee, and you are the beneficiary, with the full rights of an owner: to live in it, rent it, improve it, sell it and leave it to your heirs. It is not a lease, and the bank cannot use, sell or borrow against the property.

The trust runs for 50 years and can be renewed. The bank charges an annual fee for acting as trustee.

Can I pass the property to my heirs?

Yes. You name substitute beneficiaries in the fideicomiso, and the property passes to them under the trust, without a Mexican probate. Most buyers also make a Mexican will for anything the trust doesn’t cover.

How do I make sure the property has a clean title?

Buy through a registered deed, never a private contract. The notary checks the chain of title, obtains a certificate of no liens and confirms that property tax, water and HOA dues are paid up before closing. The deed is then recorded in the Public Registry of Property.

Title insurance is available as an extra layer, and your own attorney can review the history independently.

Costs and money

What are closing costs?

A common planning range is about 5% to 8% of the purchase price. That covers the acquisition tax, notary fees, the appraisal, registration, and setting up the fideicomiso and its permit. We give you an estimate for the specific property before you make an offer.

Can I get financing, or do I need to pay cash?

Most purchases here are cash, especially second homes. Cross-border mortgages exist, though they usually want a larger down payment than at home. Some developers and private sellers offer terms. Many buyers also borrow against property they already own at home.

What are property taxes and HOA fees?

Property tax, the predial, is paid once a year to the municipality and is typically far lower than in the US or Canada. HOA fees vary widely by community and by what they cover — security, landscaping, beach clubs, roads. Golf club dues are separate where they apply. We confirm all three for any property you are considering.

What taxes do I pay when I sell?

Mexico taxes the capital gain, and the notary calculates it and withholds it at closing. Documented improvements can reduce the gain, so keep Mexican invoices (facturas) for any work you do. You may also owe tax at home. Talk to a cross-border accountant before you buy, not when you sell.

Process

How does closing work?

It happens at the office of a notario público — a senior, government-appointed lawyer, not a notary in the US sense. The notary verifies title, calculates and collects the taxes, drafts the deed and registers it. Funds usually move through an escrow or title company, and nothing is released until the deed is signed.

Do I need my own attorney?

We recommend one. The notary acts for the transaction, not for you. Your own attorney reviews the purchase contract, checks the title and HOA documents, and looks after your side.

Can I buy remotely?

Yes. Offers, contracts and escrow can all be handled at a distance, and you can sign the deed through a power of attorney if you can’t be there for closing. Most buyers still visit before they commit — we plan those trips around the communities and homes worth seeing.

Investment

Can I rent my home when I’m not there, and what can it earn?

Rental rules are set by each community and HOA, and sometimes by building, so we confirm them for a specific property before you make an offer. For earnings, we pull the rental record of comparable homes rather than quote a rule of thumb. Rental income is taxable in Mexico, and a local property manager will usually handle the filing.

Is Cabo a good investment right now?

That depends on what you are buying for, how long you will hold and how much you will use it. We don’t make the call for you. We show you the numbers for the communities you are weighing — prices, how long homes take to sell, and how much is for sale — so you can decide.

Golf

Does buying in a community include a golf membership?

It depends on the community. Some clubs tie membership to the property, some sell it separately, and some offer resort access only. We set out the terms for each community before you tour.

What are the membership fees and initiation costs?

They vary by club and change from year to year, so we ask each club for its current schedule rather than publish figures that go stale. Ask about the initiation fee, annual dues, any food-and-beverage minimum, and whether the membership transfers when you sell.

Which courses are private versus public?

Private: The Dunes Course, El Cardonal, Oasis Golf Course, The Legacy Course, Quivira Golf Club, Cove Club (Ocean Course), Twin Dolphin Golf Club, Chileno Bay Championship Course, El Dorado Golf & Beach Club, The Original Course, Campo Alto, Costa Palmas Golf Club.

Public: Solmar Golf Links, Oleada Golf Links, Cabo Real Golf Club.

Private clubs generally limit play to members and their guests, and some extend access to owners or resort guests. Each community page sets out its course and club terms.

Something we haven’t covered? Ask us