Frequently Asked Questions
Buying and selling in Mexico is a great experience. At Coldwell Banker Riveras we strive to help you enjoy every part of it! We have selected some of the most frequently asked questions in our cross boarder real estate transactions, and if what you are looking for is not in here, send us a quick note at firstname.lastname@example.org and we can provide the answers you are looking for.
- Why Coldwell Banker Riveras?
Coldwell Banker is the most experienced and most established residential real estate franchise system in North America, and it is known as one of the most innovative, forward-thinking real estate brands today.
In keeping with the above Vision, Coldwell Banker Riveras is your source of local expertise, which assures your peace of mind. We understand and diligently apply the Core Values of; Honesty, Transparency, Integrity and Collaboration in order to best turn your dreams, into reality.
Coldwell Banker Riveras has been voted the #1 Coldwell Banker franchise in Mexico for the past 12 consecutive years. We offer a full service approach comprised of:
Owned by the Díaz Rivera family, pioneers in the local real estate industry, with over 35 years of experience in real estate sales and development, Coldwell Banker Riveras and our professionally trained agents/ have been successfully servicing southern Baja California’s comprehensive real estate needs. Our customers experience benefits of global systems and solutions tailored to local, market-specific needs. Your one-stop-shop for your Baja California Sur real estate investment.
- What is AMPI?
AMPI is our local organization that caters to our MLS service (Multi listing Service). Professionals associated with AMPI have accountability to a board of ethics and a distinct level of professionalism and transparency.
AMPI is essentially the Mexican version of the National Association of Realtors in the US or Canadian Real Estate Association.
- What is a Fideicomiso?
Foreign citizens who wish to buy property within 50 kilometers of the coast or 100km of the border are required to obtain a “Fideicomiso,” which functions similarly to a Living Trust in the USA. The “owner/buyer” of the property is designated as a beneficiary of the trust which actually holds the title through a bank that acts as a trustee and carries out the instructions of the beneficiary. While the mechanics seem foreign, the actual function of a trust is very similar to fee simple title ownership. A Fideicomiso is not a lease, concession or right to use. In fact many Mexicans use a trusts for estate planning purposes given some of the benefits.
- What happens after the 50 year expiration of my Fideicomiso?
The Trust permit needs to be renewed. This is just an administrative process that can be done directly with the Trustee bank or through Pacific Closing, our in-house Closing Company. There is no risk of loosing the rights over the property.
- How much should I project for closing costs?
This cost will vary depending on the chosen property to be purchased. Here are some guidelines;
a) Purchase price around $100,000 USD – estimated cost 10% of sale price.
b) Purchase price around $300,000 USD – estimated cost 5% of sale price
c) Purchase price around $500,000 USD – estimated cost 3% of sale price.
Please note that the above mentioned are only guidelines. Our in house closing department, Pacific Closings, can provide a more accurate estimation at moment of purchase.
- Do I have to be here to sign my closing documents?
Some forms required for the closing may be sent by email and others require originals and can be sent by courier. The Deed or Fideicomiso can be signed by the Buyer(s) in person or by Power of Attorney (POA). The POA is prepared by the Closing Agent and sent by email to the client. This document has to be Notarized and Apostilled (by Secretary of State of residence) in the US or Canada and then returned in its original form via courier to the Closing Agent.
- What is a Notario?
Notaries are attorneys specialized in Real Estate Law who have been appointed by the State Government. They are the only ones authorized to convey Real Property rights. It is their responsibility to ensure that all requirements for a real estate transaction are met and all taxes are paid.
They are obligated to collect and pay the Capital Gains Tax.
- What is an Apostille?
This is a legal verification of signature performed by the office of the Secretary of State of the state in which the signor resides. Mexican notaries require this as a verification of signature authenticity. This is applicable for documents notarized abroad to be used in Mexico.
- Why are all documents in Spanish?
All official documents must be in Spanish to have validity as Spanish is the only official language in Mexico. A translation to English can be requested at an approximate cost of about $20 USD per page. Pacific Closing, our in-house closing company will provide a copy of a translated Deed to our clients once it is fully recorded for a small fee. If a translation of the Deed is needed for review before closing, it has to be ordered at the early stages since the translation may take from 5 to 10 days.
- What will my property taxes be?
The property tax paid by the seller will be the same property tax you will pay after your purchase unless, there is an update on the official values made by the municipal authorities as updates may be done every year. These official values are determined by a committee formed by the local government and several associations such as appraisers, architects and/or developers. Values are determined by size, zone and by property type (house urban lot, condominiums, rustic land, etc.)
- Are sellers required to pay income taxes in the USA from homes sales in Mexico?
All income generated in Mexico by a foreigner must be stated in the tax declaration form of their country of residence. If the foreigner pays taxes in Mexico, they may not be required to pay taxes in their original country. We strongly recommend you consult with your accountant as all cases may be different.
- Where can I obtain a home loan?
Loans for foreigners are currently available for residents that can show a proof of income in Mexico. These loans are only available in pesos. There are also a limited number of private party loans which you can ask our agents about.
- Why are real estate commissions different in Baja California Sur, MX?
Although the mechanics of a real estate transaction are similar around the globe, they may differ in certain areas such as; the gathering of information, proper documentation, available promotional tools, various affiliations and other related costs necessary in successfully reaching the desired results.
Coldwell Banker Riveras real estate advisors offer superior service as they will guarantee their service proposal through a signed document. We are dedicated team of professionals striving to achieve the highest levels of service by actively participating and ultimately succeeding in the accomplishment of your real estate goals.
Our promise is a simple one — your dreams now become our goals.
- What about home insurance?
Home insurance is widely available and easily obtainable. Our Coldwell Banker Riveras real estate advisors can guide you in these matter as well.