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A- FAQ's
We know you have a lot of questions about buying real estate in México. Below are a few of the most commonly asked questions. Please email us at sales@sanquintinrealestate.com if you have any further questions.
- Q: Does México allow for foreigners to legally own property in México?
- A: Under Mexican law, properties are sold through a bank trust to meet specific requirements existing for foreign ownership of property in the restricted zones. The bank trust holds the deed of property and last for a renewable term of 50 years.
- Q: Will I own title to the land?
- A: 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: Can my land be confiscated by the Mexican Government?
- A: Under NAFTA, the North American Free Trade Agreement, México 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: If the holding Bank should ever fail or be purchased by an unauthorized Bank, what will happen to the Fideicomiso?
- A: The Fideicomiso will be transferred to another authorized Bank.
- Q: Can my family inherit my property?
- A: Inheritance in México 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 México as long as a will exists.
- Q: Can I legally own property without a bank trust if I have an FM2?
- A: The only way a foreigner can own property in México without a bank trust is to become a Mexican citizen or to have a corporation.