How to Buy Property in Mexico: Baja Sur Buyer Guide

by Baja Smart

How to buy property in Mexico — foreign buyer guide for Baja California Sur, Los Cabos to the East Cape

Buyer's Guide Baja California Sur · 2026 ✦ Updated June 2026

Direct Answer

Foreigners buy property in Baja California Sur through a fideicomiso (a 50-year renewable bank trust), with a government-appointed Notario Público overseeing the transaction. Budget 5–9% in closing costs, and expect roughly 45–90 days from accepted offer to recorded deed.

Buying property in Mexico is a dream for many — and after 17 years guiding international buyers across Baja Sur, I can tell you it's very doable once you understand the framework. Here's the clear, step-by-step roadmap to owning your place in paradise, from San José del Cabo to the East Cape.

50 yr Fideicomiso term, fully renewable

5–9% Estimated buyer closing costs

45–90 Days from accepted offer to deed

Key Essentials of the Buying Process

The Fideicomiso (Bank Trust) Foreign Ownership

As a foreigner, you hold title through a fideicomiso — a 50-year renewable trust held by a Mexican bank. It gives you all the rights of ownership: sell, rent, renovate, or pass the property to your heirs. The bank holds title in name only and can't act without your instruction.

The Notario Público Legal Authority

Unlike in the U.S., the Notario is a government-appointed attorney who oversees the entire transaction — confirms the title is clean, verifies all documentation, and officially records the deed. Choosing the notary is legally the buyer's right.

Closing Costs 5%–9% of Price

Budget roughly 5% to 9% of the purchase price. That covers the ISABI acquisition tax (3%, now applied statewide across BCS as of January 2026), notary fees (~1%–1.5%), fideicomiso setup, technical documentation, and escrow.

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Want the full breakdown? We've mapped real closing-cost numbers at $300K, $500K, $800K, and $1.2M price points, so you know exactly what to expect before making an offer. Ask us for the detailed cost sheet for your target price.

Step-by-Step Roadmap to Buying in Los Cabos

Define your goals Are you after a rental investment, a vacation home, or a permanent residence? Your goal sets the right location, property type, and price range — and shapes every decision that follows.
Offer & deposit Once we find the right property, we submit a formal offer. A 10% deposit is typically held in a secure escrow account while due diligence runs.
Due diligence We verify the property has no liens, taxes are current, the title is clean, and the seller has the legal right to sell. This is where problems surface — and where the deal can be renegotiated or exited cleanly.
Closing You sign the final deed before the Notario, remaining funds are wired, and you receive your keys. The process typically runs 45 to 90 days from accepted offer to recorded deed.

💡 One thing I always tell buyers: the due-diligence window exists to protect you. A clean, well-documented exit is part of a good process, not a failure — which is exactly why working with an MLS-member brokerage and your own Notario matters.

Frequently Asked Questions

Q Can foreigners legally own property in Mexico?

Yes. In the coastal restricted zone (which includes Baja California Sur's prime areas), foreigners own through a fideicomiso — a renewable 50-year bank trust granting full rights to use, rent, sell, or bequeath the property.

Q How long does it take to close on a property in BCS?

Typically 45 to 90 days from accepted offer to recorded deed, depending on the fideicomiso setup, due diligence, and the parties' timelines.

Q What are total closing costs for a foreign buyer?

Generally 5% to 9% of the purchase price, covering the 3% ISABI acquisition tax, notary fees, fideicomiso setup, documentation, and escrow. Higher within that range when a new fideicomiso is required.

Q Do I need my own attorney as well as the Notario?

The Notario is neutral and ensures legality, but many foreign buyers also retain their own attorney for title-chain review and contract protection — especially on higher-value or complex transactions.

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Baja Smart Real Estate Luxury Real Estate · Baja California Sur

For 17+ years, Baja Smart Real Estate has guided international buyers through the Mexican purchase process across Baja California Sur — San José del Cabo, Cabo San Lucas, the East Cape, Todos Santos, and La Paz. As an MLS Baja California Sur member firm, we manage every step from offer to recorded deed, with strict KYC and anti-money-laundering compliance.

Sources & References

SRE restricted-zone and fideicomiso rules (foreign ownership, 50-year renewable trust); Los Cabos / BCS Ley de Hacienda and Snell & Wilmer (ISABI 3% harmonized statewide, effective Jan 1, 2026); TheLatinvestor and Cabo Real Estate Services (closing-cost ranges and transaction timelines, 2026). Information current as of June 2026.

This content is for informational purposes only and does not constitute legal or tax advice. We recommend working with a qualified Mexican attorney and Notario Público for your specific transaction.