How to Buy Property in Baja California Sur
A clear, honest guide to the 5 steps every buyer goes through — from your first offer to the day you get the keys.
Yes — Americans, Canadians, and other foreign nationals can legally buy property in Baja California Sur through a fideicomiso (bank trust) for coastal land, or direct title further inland. BajaSmart has guided thousands of buyers through this process safely since 2009.
Buying real estate in Mexico is more straightforward than most people expect — especially with the right team. At BajaSmart, we've guided thousands of buyers from the US, Canada, and Europe through the process safely and successfully.
The Offer
Once you've found the right property, we prepare a professional written offer on your behalf — in both English and Spanish. Our team uses deep market knowledge and proven negotiation experience to position you for the best possible outcome.
The Purchase Agreement
When your offer is accepted, a closing agent prepares a legally binding purchase agreement covering final price, included fixtures, payment schedule, and contingencies. Nothing moves forward until both parties are completely aligned — in writing.
Third Party Escrow
Your funds are held securely by a licensed escrow company until the title transfer is officially complete. BajaSmart works with Fidelity National Title and Stewart Title Los Cabos. Your money never goes directly to the seller until you have clear title.
The Fideicomiso (Bank Trust)
Foreign buyers purchasing within Mexico's coastal zone hold title through a government-authorized bank trust called a Fideicomiso. You get full ownership rights — sell, rent, renovate, or leave it to your heirs. BajaSmart manages the entire setup.
Closing with the Notario Público
The official title transfer is conducted by a Notario Público — a government-appointed attorney with special legal authority in Mexico. Once the deed is signed and registered, the property is legally and fully yours.
Trusted by buyers since 2009
We've helped clients from across North America and Europe purchase safely in Los Cabos, Todos Santos, East Cape, and La Paz.
Contact Our Team → Browse All ListingsFrequently Asked Questions
Yes. Foreign buyers — including Americans and Canadians — can legally own property in Baja California Sur. Coastal properties are held through a fideicomiso (bank trust), while inland properties can be held under direct title. BajaSmart manages this process from start to finish.
A fideicomiso is a government-regulated bank trust that gives a foreign buyer full rights to use, rent, renovate, sell, or pass on a coastal property to heirs. It's renewable indefinitely in 50-year terms and costs roughly $500–700 USD per year to maintain.
Buyer closing costs in Los Cabos typically run 5–9% of the purchase price, covering ISABI transfer tax, notary fees (~1.25%), fideicomiso setup (~$2,000 USD), escrow (~$3,500 USD), and due diligence. Buyers never pay real estate commission — the seller covers that.
Todos Santos continues to attract strong buyer interest thanks to its Pacific coastline, walkable arts-town character, and proximity to Los Cabos. BajaSmart has tracked steady demand and price appreciation in the area since 2009.
The Los Cabos market remains active in 2026, with US nationals representing roughly 60% of buyers in 2025. Demand stays concentrated in the Corridor, San José del Cabo, and Cabo San Lucas. BajaSmart's team tracks these shifts daily to guide buyers and sellers with current data.