Mexico has always offered a wide variety of beautiful places to enjoy and vacation,
and South Baja is no exception. So many places on this magnificent peninsula have
captured the hearts and souls of both foreign and Mexican people over the years.
Victor Granados is a living example of that. Born in the state of Chihuahua, he
moved to La Paz when he was only 9. He attended college in Guanajuato and for a
time expected to settle there for good, excited by the prospect of living in that
spectacular colonial city that is so close to Mexico City and Guadalajara. But he
was wrong, and discovered that his heart was still in Baja California Sur. He missed
the beaches and the people, so he chose to return to La Paz, a choice he has never
regretted! Since returning, he married and had a daughter. He plans to stay here
for the rest of his life.
We hear stories like this all the time … from Mexicans and foreigners alike. All
of us chose Baja as our special place, our favorite place for a vacation home or
our retirement home. La Paz is a great place to invest … in your money and your
future. Because of that, there are important legal and technical matters that we
would like to introduce to you.
Buying your peace of Baja
Buying a real estate property is always a major decision, and one that should be
taken very seriously. Buying in a foreign country can be intimidating due to the
differences in language, culture and laws.
At South Baja Properties we believe it's our job to educate potential buyers
about the process of buying a home here in Mexico, and to walk you through every
step of it before you commit yourself. Buyers should feel confident with their realtor,
and now that foreigners owning homes in Mexico has become such a common practice,
the procedures are standard and timely. Here the participants are most always the
buyer, the seller, a real estate company and the authorized Notary, who takes care
of the legal aspects of the sale. All legal requirements must be complete prior
to close of the sale. They are coordinated by your realtor and validated by the
Notario Publico. Unfortunately, too many buyers have had unpleasant experiences
while purchasing a home in Mexico. This happens when the buyer deals with people
who are not working for registered real estate firms, and firms without the necessary
background and experience in this business. South Baja Properties has met all legal
requirements to be a registered real estate company. We are firmly committed to
being totally ethical and professional, and our goal is to give you 100% satisfaction
in the purchase of your new home or condominium.
Our company works with local and international associations. Thus we have the opportunity
to work with the different agents, agencies, brokers and developers giving you the
widest selection of properties and the broadest range of service. We will represent
all your interests during the purchase process. We understand your needs. South Baja
Properties does not sell dreams; we sell reality. We guarantee, however,
that our effort and knowledge can help you make your dreams of owning a piece of
paradise here in Baja California Sur a painless reality.
Article 27 of the Mexican Constitution states that foreigners may have ownership
rights to lands in Mexico provided that foreigners agree before the Secretary of
Foreign Relations (SRE) to consider themselves as Mexican nationals with respect
to such property, and not to invoke the protection of their own government in matters
relating to the property under penalty of forfeiting the property if they fail to
comply with this provision (this provision is known as the "Calvo Clause").
Furthermore, Article 27 establishes an outright prohibition against foreigners acquiring
direct ownership of real estate within 100 kilometers of the national borders or
50 kilometers of the coastline (this zone is now known as the "Restricted Zone").
These constitutional restrictions have been softened by Mexico's foreign investment
laws and regulations. If the land is located within the Restricted Zone and is used
for residential purposes, foreigners may only acquire the rights to use and enjoy
the land through a Fideicomiso (Bank Trust).
For real estate within the Restricted Zone used for non-residential activities (i.e.
tourism, real estate development, commercial or industrial purposes), foreigners
may acquire the land through a 100% foreign-owned Mexican legal entity (a Mexican
corporation or limited liability company) that is authorized to have foreign ownership
by the SRE and whose bylaws contain the Calvo Clause.
Ownership trough a Mexican Corporation is another alternative, as long as there
are two or more parties to the corporation, a Mexican corporation can be wholly
owned by foreigners, a Mexican citizen no longer need to be part of a Mexican corporation
to be valid. In 1994 change in the Mexican Foreign Investment Law allowed a Mexican
corporation to be 100% foreign owned. This Mexican corporation can own property
outright, own title, without a bank trust, in a restricted zone. Eliminating the
need of the fideicomiso and their respective fees. This means that you, as sole
owners of the corporation, own the property essentially in "fee simple," similar
to the U.S. By establishing the property in a corporation, you can then legally
rent out the property, thereby generating attractive income. Mexican corporations
are set-up similarly to those in the U.S., with by-laws, articles of incorporation
and the issuance of stock. However, this is not the answer for everyone.
Commercial property carries higher water, electric and phone rates. You also are
required to do additional government reporting and tax payments. You can not own
a single-family residence in a corporation. The government had cracked down on purchasing
property in a corporation unless it is actually for business use. The trust deed
is just as safe and less problems with the government. You should discuss the pros
and cons of forming a Mexican corporation with an attorney in Mexico who is familiar
with the process.
When we think about selling our property, our goals are to find the right buyer
at the best price. We want the transaction to move smoothly, without major complications
To sell your home, you’ll need more than yard signs and advertisements. Every little
thing helps, but is important to work with a sales associate that is legally registered
and established. Unfortunately there is a large group of persons that works illegally
and known’s as “Coyotes.” These Coyotes people represent only their own interests,
over-pricing the properties, listing properties without the necessary documentation
or not properly researching the legal title of properties. This practice is unfortunately
one of the reasons for the negative publicity people hear regarding purchasing property
in Mexico.
South Baja Properties is an active member of AMPI (National Association of
Real Estate Professionals) in Mexico, and Realtor. You can count that we will help
you setting the right price on your home that we will actively and effectively market
your property in order to attract the right buyer. We will show the property to
other registered real estate agents and companies, targeting the market where the
most likely buyers will be. Once a buyer is found, we will skillfully represent
you during the offer process and do all the necessary paperwork to process the sale
in a timely manner.
There are elements to be considered in the process of selling your property. The
actual market value is determined by what the buyer is willing to pay and what other
comparable properties have sold for recently. Location is another important issue
for the prospective buyer. Proximity to high interest areas, such as the beach,
downtown and commercial areas are always a concern for the buyers. Buyers will always
consider the condition of the property, and of course, the asking price. The current
market offers the buyers different options, the interest rates, the competition
from other properties, the economy and consumer confidence all influence the sale
of your home. The best way to address these conditions is to choose a realistic
sales price and to launch a marketing program that gives your property the maximum
exposure to the largest number of potential buyers.
South Baja Properties is an integrated team of professionals that will provide
you with all the information necessary before you make the decision to list your
property with us. Please allow one of our representatives to visit you. We will
examine your needs and share with you the variety of services that we can offer.