Frequently Asked Questions
Playa Real Estate Mall® knows you have a lot of questions about buying and selling real estate in Mexico. Here are a few of our more commonly asked questions and answers. Please email us at tom@selva-co.com if you have a question.
Q: Is it legal for foreigners to own property in Mexico?
A: Yes! Under Mexican law, specific requirements exist for foreign ownership of property in the restricted zones. All of Playa Real Estate Mall properties are sold through a Bank Trust. The bank trust holds the deed of property. Trusts are good for 50 years and can be renewed every 50 years. If you would like more information on Bank Trusts please click here.
Q: Will I own title to the land?
A: Yes! The title to your land will be held on your behalf by the Fideicomiso bank trust as required by Mexican law. Title insurance will be covered by an individual title insurance policy on the property.
Q: Do I have to go to separate places to obtain escrow, mortgage and title services?
A: No! Playa Real Estate Mall has in-house Escrow, Title and Mortgage services.
Q: Can the Mexican Government confiscate my land?
A: Foreigners often worry about their land being expropriated by the Mexican government. Under the North American Free Trade Agreement, NAFTA, Mexico may not directly, or indirectly, expropriate property except for a public purpose. This is the same as "Eminent Domain" in the U.S. Where it is necessary to expropriate land, swift and fair market compensation must be paid, together with accrued interest.
Q: What happens if the bank fails?
A: In the event the holding Bank should ever fail, be bought by an unauthorized Bank, etc., what happens to the Fideicomiso? Answer - the Fideicomiso will be transferred to another authorized Bank. The Bank does not own the Fideicomiso, you do!
Q: Can my family inherit my property?
A: Yes! Inheritance in Mexico is actually easier than in the U.S. since the property can be inherited directly without the delays and expense of probate as long as a will is in place. There is no inheritance tax in Mexico as long as a will exists.
Q: Can I legally own property without a bank trust if I have an FM2?
A: No, the only way a foreigner can own property in Mexico without a bank trust is to become a Mexican citizen or to have a corporation.
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