Foreigners can buy or invest in real estate
in Mexico without any restriction, except in the coastal
and border areas. There, foreign individuals and branches
of foreign corporations can have 100% control of property
through a real estate bank trust. Mexican corporations
with foreign capital are allowed to buy directly if the
property is to be used for profitable purposes.
*Definition and Mechanisms of Trust:
A 'Fideicomiso' or bank trust is defined for real estate
purposes as a transaction between a Mexican bank and foreign
individual or firm investing in areas otherwise restricted
to foreign investment, with the bank serving as a trustee
or legal owner with respect to a certain real estate property
interest and the investor serving as the legal beneficiary
of the trust. The bank holds the title to the property
in trust for the beneficiary who retains the exclusive
right to use and control of the property.
As a trustee, the bank acts on behalf of
the beneficiary in transactions involving the property,
including the decision to transfer, assign or otherwise
dispose of his or her interest in the property. The trust
is essentially a contractual arrangement which, in most
respects, is identical to the type of trust used in North
America. Trusts are established for an initial 50 year
periods and can be renewed.
*Investment in Real Estate through Trust:
New rules governing foreign investment through Real Estate
Trust were put into effect in 1993. These rules provided
the stability and protection of legal certainty for foreign
investments. Mexican law now expressly provides that at
the end of the 50 year term of the trust, upon request,
the Mexican government will issue a new permit which provides
for a new 50 year term no matter how much time remains
on the original trust.
While a Mexican bank holds title to the
property in these transactions, the bank is legally obligated
to follow terms outlined in the trust documents that comply
in all areas with the request of the foreign investor
who is the trust beneficiary.
As the beneficiary, the foreign investors
have a personal and exclusive right to use, occupy and
possess the trust property, including the right to build
upon it, subject to applicable construction and zoning
regulations. In addition, the beneficiary may transfer
or assign his/her beneficial interest to any person and
may keep the profits from the sale of the property according
to the instructions given to the trustee, subject to applicable
tax laws and expenses of sale.
Foreigners that decide to invest in real
estate in Mexico agree, because of such action, not
to invoke the protection of their governments with respect
to such properties.
NEWS FLASH
New road arriving from Oaxaca.
'Super Carretera' is been built as we speak. Will greatly
increase tourist traffic to Huatulco area. 2 years approx.
Direct flights from Houston TX with
Continental are flying weekly non stop flights. Prices
from $450 rtn.
Direct flights from Britain with First choice
holidays.
First ever direct flight charter service from
Britain.