The short answer
Yes, you can buy. On the coast you hold the property through a bank trust (fideicomiso) approved by Mexico’s Ministry of Foreign Affairs. You can live in it, rent it out, sell it and pass it on. What protects you is not the trust itself but the checks before you pay: clean title, a licensed agent, and money that only goes to the right account.
Why the coast is different: the “restricted zone”
The Mexican Constitution (art. 27) does not allow foreigners to hold direct title to land within 50 km of the coast or 100 km of the borders. Cancún, Playa del Carmen, Tulum, Puerto Morelos, Isla Mujeres and Cozumel are all inside that zone.
Inside it, a foreigner buys through a bank trust. A Mexican company with foreign shareholders can also own property there, but only for non-residential uses — it is not a shortcut for a home you plan to live in or use for vacations.
How the fideicomiso works
- The bank holds title; you hold the rights. A Mexican bank acts as trustee and holds the property for you. You are the beneficiary (fideicomisario), with the right to use, enjoy, rent and sell it.
- Permit from the Ministry of Foreign Affairs (SRE). The bank requests it as part of the process.
- Up to 50 years, renewable. The trust can be extended at your request (Foreign Investment Law, arts. 11–14).
- Substitute beneficiaries. You can name who receives your rights if you die, which makes passing the property on simpler.
- An annual fee. The bank charges a setup fee and a yearly administration fee. They vary by bank, so ask for both in writing before you choose one.
Buying an existing trust from another foreigner is common: instead of a new trust, the seller assigns you their beneficiary rights (cesión de derechos de fideicomisario). It still goes through a notary, and it still pays the municipal acquisition tax.
The purchase, step by step
- Check the agent and the property before you sign anything (see the next two sections).
- Sign a written offer or promise agreement in Spanish, with a translation you understand. It should state the price, the currency, the deposit, the closing date, what happens if either side backs out, and the notary who will close.
- Due diligence. The notary and your lawyer request the title records, the lien certificate and the no-debt certificates.
- Open the trust. The bank prepares the trust and obtains the SRE permit.
- Closing at the notary. You (or your attorney-in-fact) sign the deed, the price is paid, and the notary withholds and pays the taxes.
- Registration. The notary registers the deed in the Public Registry of Property. The registered deed (testimonio) usually arrives weeks or months after closing — make sure you receive it.
What to check before you pay
- Lien certificate (certificado de libertad de gravamen) from the Public Registry: who the registered owner is, and whether there are mortgages, seizures or lawsuits on the property.
- The seller’s deed, registered in the Public Registry — not just a private contract.
- Property tax and water: certificates showing no debt.
- Condo fees: a no-debt letter from the building’s administration, and the condominium regime registered.
- Who signs: the seller’s identity and, if they are married under community property, their spouse’s consent.
- Not ejido land. Communal (ejido) land cannot be sold to you until it has been converted into private property and registered. A “transfer of ejido rights” (cesión de derechos ejidales) is not a title you can buy as a foreigner.
- If it is a presale: construction license, sales authorization and a guarantee for buyers. Use our presale checklist and read what to do if a presale is not delivered.
Verify your agent
In Quintana Roo, real estate agents must hold a state license (matrícula) under the state Real Estate Services Law, and can lose it for keeping or diverting client money. Ask for the license number in writing before you share documents or send a deposit. A good agent will not mind.
How to pay safely
- Never wire money to an agent’s personal account. It is the most common route to fraud we see in our practice.
- Pay the deposit and the price only to accounts that match the contract: the seller or developer company, the trust bank, or an escrow arrangement agreed in writing.
- Keep every wire confirmation and ask for a receipt that names the property and the contract.
- No large cash payments. Mexican anti-money-laundering law prohibits paying for real estate in cash from 8,025 UMA (about MXN 941,000 in 2026).
- Prices in dollars. Many listings are in USD, but under Mexico’s Monetary Law a dollar obligation payable in Mexico can be paid in pesos at the official exchange rate. Agree in the contract on the currency and the exchange rate you will use.
Closing costs: what you will pay on top of the price
- Municipal acquisition tax (ISAI): 3% in Cancún (Benito Juárez) and 4% in Playa del Carmen (Solidaridad) and Tulum. It also applies when you buy an existing trust.
- Notary fees and the Public Registry fees.
- Appraisal (avalúo) and the certificates listed above.
- Bank trust: setup fee, SRE permit and the first annual fee.
Ask the notary for a written estimate (presupuesto) before you sign the promise agreement, so the total is not a surprise at closing.
Red flags
- The agent can’t show a state license, or asks you to pay into their own account.
- “Ejido” land, or a “transfer of rights” instead of a registered deed.
- Pressure to pay before there is a written contract.
- The seller won’t let you choose or meet the notary.
- A price far below the market, or “cash only”.
- A presale with no license, no guarantee and no fixed delivery date.
Can I buy without travelling to Mexico?
Yes. You can sign a power of attorney at a Mexican consulate so that someone you trust signs at the notary for you. The notary will tell you which identification and tax documents they need from you; ask early, because some take time to obtain from abroad.
How we help
The first call is free: tell us about the property and we’ll tell you what to check before you pay. If you want us to do it, we review the title, the contract, the trust and the payment terms for you and give you a fixed fee in writing before we start.
Ask for a pre-purchase review →
Sources
- Constitución Política de los Estados Unidos Mexicanos, art. 27, section I (restricted zone).
- Ley de Inversión Extranjera, arts. 10, 10-A and 11–14, and the SRE trust permit.
- Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita, art. 32, section I.
- Ley de Servicios Inmobiliarios del Estado de Quintana Roo, arts. 5, 12, 26 and 28.
- Municipal tax laws: Solidaridad (art. 23 Quinquies), Tulum (art. 50) and Benito Juárez (art. 27).
- Ley Monetaria de los Estados Unidos Mexicanos, art. 8.
This guide is general information about Mexican law as of November 2026. It is not legal advice for your purchase, and reading it does not create an attorney-client relationship. Every purchase depends on its title, contract and documents.