REAL ESTATE IN BAJA CALIFORNIA SURFREQUENTLY ASKED QUESTIONS
Answers to the questions we hear most often. If yours is not here, contact our team directly.
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Yes. Foreign nationals can own property in Mexico, including within the restricted zone — the area within 50 km of the coastline and 100 km of international borders. In the restricted zone, foreign buyers hold their property through a bank trust called a fideicomiso. This is a well-established legal structure that grants the buyer full rights of use, sale, rental, and inheritance. Outside the restricted zone, direct deed ownership is available.
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Once you identify a property, your agent presents a written offer to the seller. If accepted, both parties sign a promissory contract specifying the price, conditions, and closing timeline. The buyer provides earnest money — typically 8–10% of the purchase price. The closing takes place at the Notario Público's office, where the deed transfers and the transaction is legally registered. The full process takes 4 to 8 weeks from accepted offer to signed deed.
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In Mexico, the buyer pays closing costs. These typically include acquisition tax (approximately 2–3% of the property value), Notary fees, municipal certificates, property appraisal, and fideicomiso setup if applicable (approximately $2,000 USD). Budget 4–6% of the purchase price for total closing costs. Capital gains tax is the seller's responsibility.
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The Notario Público is a certified attorney appointed by the State Governor with the legal authority to authenticate real estate transactions in Mexico. The Notario is not your attorney or the seller's — they are the legal authority that validates the transaction for both parties, collects applicable taxes, and registers the deed with the Registro Público de la Propiedad.
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Most transactions in BCS are handled through your real estate agent and a closing attorney who works alongside the Notario. A separate buyer's attorney is not required but can be engaged for additional peace of mind. South Baja Realtors works with experienced closing attorneys in the region and can provide referrals.
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Most purchases in South Baja are cash transactions. Financing options do exist — Mexican nationals have access to bank mortgages, INFONAVIT, and FOVISSSTE programs. US citizens can access USD-denominated loans through MoXi (formerly Global Mortgage). See our Financing Guide for details.
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A tourist visa (FMM) allows stays of up to 180 days per entry. If you plan to spend more than 180 days per year in Mexico, you will need to apply for Temporary Residency (Residente Temporal). After four years of temporary residency, you may apply for Permanent Residency (Residente Permanente). Owning property in Mexico can support a residency application. Immigration requirements change — consult a licensed immigration attorney for current thresholds.
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Yes. Short and long-term rentals are legal in Baja California Sur. Short-term vacation rentals are subject to municipal regulations and tax obligations. We recommend consulting with a local attorney or accountant before listing your property for rental to ensure compliance with current regulations.
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Yes. You may bring dogs and cats into Mexico by air or by car. For air travel, check your airline's specific pet policy. Mexico requires a health certificate from a licensed veterinarian dated no more than 15 days before travel. If driving, documentation is not required at the border but having current vaccination records is recommended.
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Yes. US and Canadian auto insurance is not valid in Mexico. You will need to purchase Mexican liability insurance before crossing the border — this can be done at the border or in advance online. Check with your home insurer as some policies provide partial coverage and the additional Mexican policy required may be limited to liability only.
Still have questions? Contact South Baja Realtors — we are happy to walk you through any part of the process. Also useful: Buyer's Guide · Seller's Guide · Financing Guide.