Mexican Real Estate: Buying Property In Mexico As a Foreigner

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Disclaimer: The information in this video should not be considered tax, financial, investment, or any kind of professional advice. Only a professional diagnosis of your specific situation can determine which strategies are appropriate for your needs. Entrepreneur Expat can and does not provide advice unless/until engaged by you.

Transcript

0:36

Welcome to the beautiful Rio Plaza Hotel in Guadalajara, Mexico. We are here with Angie Ardi, who is one of our real estate experts who works with us and our clients when we are helping them relocate to Mexico. And we are starting a series where we're going to be answering all of the real estate questions that you guys have been sending us. So first of all, thank you to Angie. For being here, helping us with our clients and also doing these videos for us. And if you are interested in more content like this, then make sure to subscribe and hit the notification bell because on Entrepreneur Expat, we talk about how to make money online so you can go anywhere in the world. We talk about foreign investments and international investments like real estate, which is what we're going to be talking about today. And we talk about how to live in other countries. As American, Canadian, or European, or we've got a lot of Australians watching us, too. Expats. And if you listen to this series and you need help with real estate in Mexico, then sign up for a relocation consultation below entrepreneur expat.com/consult. And Justin and I can help you. Angie can help you. We know Mexico's a very big country that's got something for everyone and we can help you find your perfect. Place here. So let's get into to these questions. The first video that we're going to be doing is the question that we get asked the most, okay? Which is, can foreigners buy property in Mexico? There seems to be confusion over this, so. What? What's the skinny Angie? Can foreigners buy property in Mexico? Okay. I guess that it could be a doubt about it because in the Constitution it says that Aran cannot owner the land, but in the law, they also have a place where they say that you can have the right. Of use the land. Okay. So it's about a process that is the trust that we call it. Mm-hmm. That you can use and be part of the cell situation. So that's the way you can own. Or use the land as the way you need it. Yes. So, uh, those of you who are watching this video, you may be familiar with this actually, it's kind of called a freehold lease, which is an oxymoron. The two don't really go together. But for example, those of you who are interested in Thailand or Southeast Asia, you're going to be very familiar with this concept because in Thailand, uh, it's a similar concept of, uh. The A Thai person. A Thai citizen needs to be at least 51% owner of any building. Mm-hmm. Or property in Thailand. But in Mexico, it's a little bit different from my understanding, because it's only in certain areas where a foreigner would not be able to own the land. Correct. They call it the restricted area. So it's near to the coast, near to the beach. All those places that you could find a condo in Tuo or Cancun or ba Los Cabo, all those are included. That is the touristic areas that we have, yes. Okay. It's a third party situation. It's where the, let's say an institution like a bank, it's gonna hold the resources or keep the money until everything is like, uh, in the follow flow following process. That you have all the documents and the everything is complete and you can actually like, uh, complete the, the sale or the buying part. Okay. Yeah. So with the, uh, FISO specifically, we're talking about coastlines. I think I heard mountains as well, or some mountain areas. Possibly, like if there's touristy or something like that, it should be like around 50 and a hundred kilometers. Inside of the territory. Okay. Or yeah, between the land. Yeah. So in that case, right, um, basically what a freehold lease is, for example, uh, you, you lease the land, so the land that the property is on, because that needs to be owned by Mexico. Mm-hmm. Or a Mexican citizen. Mm-hmm. Um, but you have the freehold rights. Uh, to the property. Meaning although you are leasing the land, and correct me if I'm wrong, although you are leasing the land, you can renovate the property, you can rent out the property, you can sell it later if you so choose. Is that kind of how it works? You are allowed to do all of that. I mean, you have the right to use it. You, you have the right to do any modulation. Also the selling part. And the thing is that when you get the coo, it's gonna be ba ballot for 50 years. And you, when that finish, you have the right to renovate it. So the only thing is you're gonna be paying a fee that it's every year, uh, and keep it, keep the payment fee for every year, and at the end of the 50 years, you can renovate it. So as long as you're planning to be here or have a loan term stay in Mexico, it's the right way to do it. Okay. So the lease is for 50 years and then at the 50 year mark you can renew it. Yeah. So who is a fiso Good for? And who is it not good for? Because, uh, before we, we were sharing a drink upstairs at the rooftop bar. We'll add some B-roll for you guys.'cause it's stunning. Yes. Get great views of the city. But you were mentioning how this arrangement of a, a fi miso on the coastline and things like that makes sense for certain buyers and investors, but not others. I mean, it will, it's gonna be needed for all of the terrains. Mm-hmm. Mostly, uh, US citizens and Canadians. That's the most. Often are common that we have, I mean, there certain changes every day, you know, because it's more people from Europe or even Asia or Australia that you mentioned it, uh, interested in coming. So I guess it's gonna be open for more experts. But for now it's mostly for us, citizen and Canadians. And the thing is like as the world is changing, we don't know. Maybe you just wanna come and explore and see if it's working for you. And it has. Everything you need or not. So I guess it depends on the stage that you are planning, just like to see if it works for you or if, uh, or if it's a long term, you can already like think about having a land, right? Or buying a property here. Yeah. So for example, if somebody's more internationalized, like we'll have some clients sometimes who have multiple citizenships and then they want to, uh, have a footprint in Mexico, but they don't necessarily wanna live in Mexico. Mm-hmm. Uh, so in that case, maybe a, a or a a, the freehold lease or that restricted zone doesn't necessarily make sense if they're not really gonna be here. But what if they were going to rent it out? I mean, it's the normal process. Yeah. If you want to rent or buy a house. And the other thing that I wanna mention it is like, there are people coming here that they already doing the migration part. Yeah. So if you have a permanent residency, it could apply for other things. Right. But maybe you just wanna rent a house. So it will be the normal process. Even if you are looking for a place to buy, you'll need to know where do you wanna buy? Mm-hmm. Or rent. How do you want the place to be? Like how many bedrooms or uh, restrooms or two floors or whatever. And the other part is if you are ready to pay for that, I mean, in the case of the rent, it's the normal process is you have to make one month for the rent and one deposit. And also have the, an extra deposit or a person that it's gonna warranty that you will be paid theor. Yeah, yeah. Also known as the, the val. There are ways Val, or yeah, there are legal ways around that. So our team can help you with that because we certainly did not have an val and we had to do like an alternative contract. Exactly. So there's ways around it. I know sometimes people see the guarantor thing and they're like whacked and a lot of countries, um, ask for that. But in Mexico, there is a way to rent. Even if you do not have a guarantor. But going back to the investor, like let's say an investor wants to. Um, get a, a property in a restricted zone where they would need a, a fee, a or a uh, freehold lease. Um, for those who are looking for the English term, um, if they decide to,'cause they're allowed to rent out that property to a tenant. Correct. So there's no restriction on them being able to do that? No, there is not. So if they're planning on being in other countries, but they're renting out that property to another tenant, if, does that arrangement make sense? It does. Yes, it does. Even if they're paying that fee every year. Yeah. Yeah. I think sense think it is a very different, like things Yeah. That we're talking. Yeah. So it's a lot. Yeah. Okay. So basically just run the numbers, see if everything makes sense, work with a team to make sure the numbers make sense. Okay. So outside of the restricted zone, so away from the coastlines, away from the. The more touristy areas where they do put more restrictions on whether or not foreigners can purchase, um, what is that process like? Because in that case, you don't need a, a fiso outside of the restricted zone. Mm. I think we can check that with someone that it's actually specialized in the fiso, because I have the, the clue that you need it. It doesn't matter where. Mm-hmm. But you need the, if you are afraid. In Mexico. That's the only thing. But as you see in the law or the constitution part, it says that you can own the right. So maybe in that case,'cause we've heard, we've had people buy properties or we've heard of people just buying properties outright outside of the restricted zone. But this is one of the things going on with Mexico right now is there's so many systems changes going on in Mexico right now. Yeah. Um, that, you know, in one area you might need it in one area. They, you might not, the qualifications might change from one day to the next. So. It's very important for you guys who are watching to really work with a team. Because right now things are, to your point, there's so many people coming to Mexico right now that it's like Mexico has to adjust its systems. Exactly. Yeah. As all these people are coming in, which we understand having run businesses, you have to adjust systems as people, um, are, uh, coming in, but for example, right, we are residents here. Uh, the owner of the house wants to sell us the house. Mm-hmm. And all they're asking for is, you know, cash and the, you know, if you need a loan, get a loan. Mm-hmm. Um, so in that case, in certain areas, like in Guadalajara, because it's not near a coastline and it's not near one of the restricted zones, they don't seem to be asking us, um, for they come no, they don't seem to be asking us at all. They're just like, do you have the cash and do you need lending? Mm-hmm. Um, but we also have a lot of people who send us messages. Who, because they are on a, like in a beach town for example, then they need the FI going. So I mean, I will say if you are the owner, the thing that you wanna do is sell the house. Yeah. Maybe you don't know the process that implies or it's, uh, needed for the people that is going to buy. Yeah. It's not the same to sell the property to a local. Or selling to someone that it's from a another country. Yeah. Or it has a residency or it doesn't, yeah. I mean, and could be different. I believe Mexico may also have restrictions on some land that like you just can't buy it all. Mm-hmm. Period. Like there's no, there's no buying way. This thing, there's no way to do it. And one of the things that we have heard, unfortunately come through the comment section is that somebody will get sold. Mm-hmm. A piece of land. That could not be sold. Okay. For example. Yeah. It was like a, I mean, they did it site unseen. They didn't see, see what was going on. So unfortunately there's that stuff that goes on as well. Mm-hmm. So, um, and because, and because, uh, there's less, uh, regulation here when it comes to the real estate, I think that makes it even more important for people to work with a team. Yeah. Um, and be so, because like somebody's cousin could go sell a, the, their aunt. Their other cousin's house. Right. Or a, a nephew could go sell somebody's house. Mm-hmm. But that doesn't necessarily mean that they know what the process is for that house or maybe the property. It's not yet ready Uhhuh to have the right, or, you know, to have the, the process done. Like it could be a deed or it could be something involved. Yeah. We've heard stuff like that too. Yeah. Yeah, yeah, yeah. Where there some sort of like. Issue with the paperwork of the house. Mm-hmm. And then the sale ends up taking four years mm-hmm. Instead of four months. Yeah. So the, the important part here is that in Mexico, the, the people that we need the most, and that is the most important in the process, is the not Ontario. Okay. The not already, because you are gonna need to be with them at the end. Let's say you buy something and in the beginning you're gonna sign a contract that it says that you are. Um, you have the interest in that property. Yeah. So they're gonna give you like 15 days to get all the documents with the paperwork, do the whole thing. After those 15 days, then you're gonna sit with the person. And you're gonna sign and you're gonna say, okay, this is gonna be my down payment, that it's around 20 to 30%. And also, let's say you have the money and you are gonna do a transfer, a deposit. Most of the time you wait until you are there with the Ontario and all the people that it's involved, the buyer, the owner, everybody's there, the broker, uh, or the real estate agent. And then wait until the money gets into the bank account of the owner. And after that, the Notta could say, okay, everything is ready to go. In the case that you have the money in another case is that you have to apply for a loan. Yeah, maybe you don't have enough money, but you have the down payment and the other part would be covered by a, by a loan. So there's also allowed for an for in people to ask for a loan in Mexico. Yes. Even when your uh, income comes from the states or another country. You are allowed. It's a different process. It's another person involved. It's someone that is gonna work with the whole team to make everything. Yeah. Uh, one thing to keep in mind with that is you have to run the numbers to make sure everything makes sense.'cause from what we have seen, the interest rates here are a lot higher. So for some people it does make sense. Um, because for example, we know people who've taken out loans on properties, but they're cash flowing six figures a year. So they don't really care mm-hmm. About the interest rate on the, on the loan. But there's other people for example, where like that, that number just wouldn't make any sense. And again, very important to work with a team and we'll get into maybe other team members you might need and before you buy a property in Mexico,'cause we've heard some interesting stories. So, um, so that, so for people who may not know. Um, in countries where there might be a little bit less regulation, like in the United States and Canada, there's a lot more regulation when it comes to the sale of a property. So you have escrow accounts. Uh, everybody, every real estate agent needs to be licensed, uh, in other countries, not so much. Right? He, like I said, here, you're, anybody could sell a house. Yeah, pretty much it is changing from what I hear, that the government is now requiring people to be licensed and everyone that we work with is licensed. Uh, so they know what's going on and they have all the contacts that you need all over the country, but people do run into that issue. Mm-hmm. Uh, here. But so in order for, from my understanding, in countries like Mexico and Costa Rica, in order to make, even though there may not be escrow in the way that an American might know it, unless there's a involved, in which case there's like a whole other holding account. Something like that. Uh, then the notary in Mexico is the one who serves as the intermediary to make sure the money goes where it's supposed to go. Yeah. And that everything is running smoothly In the law case. It is. And by the, it will be another, like third part situation. Yeah. In that case, could be any institution that offers, let's say in, or Dreams or Monarch or something that they're gonna be sure that you have a bank account in Mexico. And you are putting your, uh, money from any country, let's say United States or Canada, send that money to the Mexican bank account. Even when you have the price market on me on pesos or dollars, you have to put the money there. Yeah. And they're gonna wait, hold that money. And then do the transfer or the deposit and then be clear that everything is done on the right way. Yeah. So for those of you who are worried about that process, you know, you know, are there people keeping an eye on my money? Mm-hmm. Is my money safe? Yeah. All that kind of stuff. That's how the process works in Mexico. I've heard in Costa Rica it's a lawyer. Who does it, not necessarily a notary. So in countries where there's like less regulation, and again, it's changing in Mexico, right? There's constant every day. Constantly every day constantly. There's constant changes going on here with the real estate, the immigration, the systems,'cause just so many people are moving here. Uh, one of our other partners sent us a, an article that there's a hundred properties being sold to foreigners every day. Mexico, yeah. Right now. So then Mexico now needs to like catch up mm-hmm. With all the systems and things like that, which means two things. Number one, move quickly. Yeah. Mm-hmm. Because these things typically get harder, not easier. Maybe lending will get easier, like you said, or the, it depends on the demand. Right. Or the might, uh, be become Easier. Easier or at least open to more nationalities. We hope that, yes. Yeah. Um, but other than that, things like immigration typically get. Harder, not easier. Maybe real estate will get a little easier, but, uh, immigration most certainly will not. Um, and sometimes, you know, people can get, uh, a visa because they invest mm-hmm. In a property. Yeah. Uh, so sometimes you can kind of do both in one shot or they ask you if you buy the land or the property. Why don't you. Uh, make a company in Mexico, ah, that another, that's another option as wells. Another, yeah. Yeah. Or get their residency or, you know, there of different ways. It depends. Another time, it depends like, uh, you are planning to stay here, you're just lo looking around and this is one of your options. Or you already know that you're gonna stay for a long chance. Yeah, and, and we have an immigration attorneys who are very familiar with the real estate to help with that whole situation as well because some people, for example, will, will get the residency first and then maybe they're like me and Justin and they're just like looking around for now. And there's a lot of opportunity here. And we ended up in Gu Hara and met people like you and started this YouTube channel, but we don't know how long we're gonna be in Guadalajara or even Mexico. Yeah. So, but then there's other people and so we have our residency and then maybe we decide to buy a property later. Mm-hmm. There's other people who are looking for a residency or a, a clear path to residency and then they do it, uh, via real estate. I guess that's the way people, uh, find them themselves feeling like impedes with everything. Like if I do the, the legal process of the immigration. Everything will be fine. Yeah. And it's a good thing. I mean, well, yeah. I mean if you, for example, we saw this happen in Costa Rica during the pandemic where, you know, people owned property in Costa Rica, but they didn't have residency. Yeah. They were living off a tourist visa and then the border shut down and they can't get back to their property because they didn't have. Exactly. Residency. Yeah. And for those of you who've been snowbirds and you like spent six months in Mexico and you own a property here, but you still don't have the residency, you might wanna get on that.'cause things are changing and they're getting more strict and, and you need a team. Right. So who are some of the other people that you may need on the team? You need people who understand immigration. Yeah. Uh, you need under people who understand real estate Yeah. Such as yourself. And I would say, uh, tax people. Yeah. Because counting people, the tax people. Yes, the tax people, you need those. If you're American, you need them in both countries. Yeah. Um, because, uh, I'm sure you've seen this happen where we'll get emails or messages from expats who own a property in Mexico, they wanna sell the property and now they find out they're going to have a much bigger tax bill than a Mexican citizen. Mm-hmm. So can you speak to that a little bit?'cause sometimes people get very shocked. Yeah, I think that's one part of the broker or the real estate agent must talk about it in the case that you're planning to sell, right? Because you can buy the house or the property and you would spend a lot of time there, or you wanna rent it or you wanna share maybe like I know those people that have the house and then separate so they can do Airbnb in one place and stay in the other place for themselves. But suddenly you decided to sell. And it's like, okay. As the same way that I, I was with you in the process of buying, I will need to be with you in the process of selling and telling you that the taxes are gonna be high. And if you are ready, what's the best options that you have to put on the market to price the property tax strategy? Yeah, we have people on our team who do tax strategy in those situations.'cause there are legal ways to reduce that. But you need to have a team and. You know, we were having a conversation with someone last week that neither her real estate agent or her attorney who had helped buy the house. Yeah. Told her, Hey, when you sell this, the taxes are gonna be quite high. We're talking like 30 plus percent. Mm-hmm. On the wholesale. Yeah. Uh, not just the capital gains tax. Uh, for a Mexican citizen, they pay capital gains tax for a foreigner. Mm-hmm. Uh, you are going to pay a hefty tax on the wholesale of the property and, but there are ways to legally reduce that, and that's why it's important to work with a team. Yeah. And she's like, oh, I just didn't know that. I'm like, well, it's not technically a real estate agent's like job to know that. But I would think the real estate agent should have told that. Yeah. But you know, that's why we, Justin and I have spent the last two years vetting real estate people just such as yourself because we know they're not all created equal. Yeah. Um, unfortunately, and sometimes those surprises, uh, do come up later or surprises like, uh, what was another one that we heard the other day? Oh, paperwork on the house was done incorrectly initially, and then the notary who did it passed away. Mm-hmm. So then it took like four years to buy the house or somebody had a claim to the house. Through, uh, an inheritance when at A NCF. Mm-hmm. And then that was a whole thing. So what is that process, um, when you work with a real estate person? What is that process to make sure like, Hey, this house is free and clear. There's not like weird paperwork stuff going on. There's not like somebody who's gonna come out of nowhere and say that it was left to them in a will. Yeah. I guess it's a different ways of working in different kind of, I don't know, like agencies or. Uh, even the independent part, but if you are gonna put something on the market, you have to be really like, really sure that everything's clear, like no debt. So that's on the part of the seller? No. Yeah. Yeah. Okay. Yeah. Yeah. I mean, on the seller and also in the broker, that it's gonna put the property on the market. It's like, okay, did I make the whole like, let's say checklist, that it's no debt. Like everything that's free. No, there's no lawsuit or lawsuits. Yeah. Until you know that and you have the guarantee that it's clear, you can put it on the market. Otherwise, it's, if it's something involved, you have to let the people know. You know, it's, it's a fair first situation if I let you know that it's on a deed or it's on a, I don't know, in a demand or whatever. I have to demand does a lawsuit, I have to let you know that it's gonna take more time, or the process is gonna be, I don't know, heavier than the usual, or that you have to wait until everything is clear so you can actually do the, the negotiation, I mean. It's all about being clear with the people. Yeah. Yeah. Well that's one of the reasons why we like partnering with you with our clients because we know that you take that stuff very seriously and you're very knowledgeable because we get horror stories, uh, in our inboxes, in our dms all the time. Uh, again, because you know, the good part about there being less regulation in a country, there's a lot more opportunity. Um, you know, now we're partnering with real estate people here, for example. The downside of a country where there's less regulation is anybody and their mom can do this stuff. So then you can run into a lot of issues of people who may not necessarily know. Mm-hmm. You know, what's going on. You know, they may not know or they may not have done the due diligence. It's called due diligence in the United States to know like, oh, there's an issue with the paperwork on the house. This is gonna take way longer. And we didn't know. And we didn't know. Surprise, surprise. I guess we can add to the themes that we can talk. It's also the pre-sale. And the discount. Discount that you can have. And also if you are able to buy land, because I get so many people, instead of buying a house, they wanna buy land and they wanna do something or they wanna know what's the difference between the beds. Yeah. We're definitely gonna do other videos on that, so make sure to subscribe and hit that notification bell. One thing that's kind of in line with the whole issue of paperwork and lawsuits and things like that, because this is a question we've gotten in the comments. Uh, from people saying, you know, is it worth it to buy foreclosed properties in Mexico? I know that the case, like having a compare United States and Mexico, it's far away, far, far away. Very different. Yeah. Very, very different situation. So in, in my personal opinion, I do not recommend it. We know, or we have the reference that before that kind of information was on the bank, you know, they, they have, the banks have those lists, so you can go as a public, like everybody can go to the bank and ask like, the, what do you have on the list for the floor closure? And it was like a easy, easiest, the process. But now it becomes a little like, like a ruffle, like you don't know what it's gonna bring. And some of the people that works in the loan, um, or the credit union, they say if you have an extra money and you like problems, maybe you wanna buy this kind of houses. Because, because you don't know how long it's gonna take, it could make you wait for the property for four years, five years, and maybe you put the money and you are just waiting and nothing happens. So I will say no. And it's very different. And don't expect the foreclosure houses in Mexico are in the same way of the states. It's not. Yeah.'cause in the states it's not worth it. Probably. It's not worth it for most people unless they have like a lot of money to burn. Yeah. Like solving pro and time to kill. Yeah. And like solving problems.'cause I think, you know, sometimes people come thinking, okay, in the United States, you know, the bank. Or the association will just kick you out. And then the bank's trying to get rid of this property. No. And then they're gonna sell it for cheap. And here you can find cheap properties like that. Yeah. Like we were looking at some the other day. It's gonna be listed. It's gonna be listed in a lot of websites. Yes. But yeah, our experts have told us, I mean, you would need to have some really solid lawyers and people who really know what they're doing. And then there's that expense. Yes. On top of it is the top, all the legal expenses. And the other thing that it's really important is that you can see the house from outside. But you're not gonna have a look from the inside, so you don't know what is in it. Yeah. It's like buy something that it's, you know, you don't know, like, uh, those boxes that you open and it's Pandoras box, like, surprise. Oh, what's this? Kind of like the taxes that come later if people don't plan for the surprise, it could be a problem because maybe the people that get out from that house. I don't know. Take them, take everything out or, or they damage the house on the way out. Out. Yeah. So it's not worth it again, like why? Yeah. Not worth the time. Money, the headache. Yeah. Even if you can get a cheaper house, it's gonna end up costing you more in headaches, lawyer fees. Time after Worth. Yeah. I don't know so many other situations. That's pretty much the vibe I've gotten from most real estate experts here in Mexico. They're like, not worth it. No way. Not worth it. It's a no, it's a no. Alright, well thank you guys so much for watching the first installment in our real estate series. Make sure to subscribe and hit the notification bell because we've got more videos answering the real estate questions you've been sending us that we're gonna start giving you some answers to. And if you need help finding your own property in Mexico, whether it's in a restricted zone. And you need a fi miso, whether it's outside of a restricted zone, whether it's an investment property or a home, or even a rental, because you're like, I don't know where I wanna buy it. I'm just checking the place out. We can help you with our relocation services. Angie's very well connected. She's got people all over the country. Angie's had me booked on meetings with real estate people, lenders, bankers, me, so everything, everything for the last two weeks. So we are very well connected. We're more than happy to help you. Entrepreneur expat.com/consult and we will see you guys on the next one.