What Is a Fideicomiso?
A fideicomiso is a Mexican bank trust that allows foreigners to own property in the “restricted zone” — any land within 50 kilometers of the coast or 100 kilometers of an international border. This includes all of Baja California Sur, Los Cabos, La Paz, and every coastal community in Mexico.
Key Fact
The fideicomiso is NOT a lease or a rental agreement. It grants you full ownership rights — you can sell, rent, renovate, pass to heirs, and enjoy the property exactly as if you held the deed directly. The trust is simply the legal vehicle that holds the title.
Is the Fideicomiso Safe?
Yes. The fideicomiso has been part of Mexican law since 1973 and was strengthened in 1993 with the Foreign Investment Law. Key protections include:
- The trust is regulated by Mexico’s National Banking Commission (CNBV)
- Your rights are written into the Mexican Constitution (Article 27)
- The bank is a trustee only — it cannot sell, mortgage, or encumber your property
- If the bank fails, your trust transfers to another bank automatically
- Thousands of Americans and Canadians own property this way throughout Mexico
Fideicomiso Process: Step by Step
- Find your property — Work with a licensed real estate agent like Baja Sur Realtors
- Sign a purchase agreement (Promesa de Compraventa) — Deposit typically 5–10% of the purchase price
- Choose a bank for your trust — Major banks: BBVA, Scotiabank, Santander, Banorte, HSBC
- Bank applies for Foreign Affairs permit (SRE) — The bank handles this paperwork
- Permit issued — Typically 15–30 business days
- Notary prepares closing documents — Title search, tax certificates, lien clearance
- Closing (Escritura) — Sign before the notary public, funds transfer, keys delivered
Total timeline: 4–12 weeks from signed purchase agreement to closing.
Fideicomiso Costs
| Item | Approximate Cost | Frequency |
|---|---|---|
| Trust setup fee | $1,500 – $2,500 USD | One-time |
| Annual trust maintenance | $500 – $700 USD | Yearly |
| Acquisition tax (ISABI) | ~2% of assessed value | One-time at closing |
| Notary fees | ~1 – 1.5% of property value | One-time at closing |
| SRE permit fee | ~$1,500 MXN (~$90 USD) | One-time |
| Total closing costs | 4 – 6% of purchase price | One-time |
Fideicomiso Duration and Renewal
A fideicomiso is granted for 50 years and can be renewed indefinitely for another 50 years. There is no limit to how many times it can be renewed. You can also transfer the trust to a new buyer when you sell.
Frequently Asked Questions
Can I get a mortgage for a fideicomiso property?
Yes, though options are more limited than in the US. Some Mexican banks offer mortgages to foreigners, and several US-based lenders specialize in cross-border mortgages. Most buyers in Baja California Sur pay cash or use home equity from US property.
What happens to the fideicomiso if I die?
Your beneficiaries (which you name in the trust) inherit the property. If your beneficiaries are also foreign, they can continue the trust. This is similar to a transfer-on-death deed in the US.
Can I have multiple fideicomisos?
Yes. There is no limit to how many properties a foreigner can own in Mexico through fideicomisos.
Is a fideicomiso the same as fee simple ownership?
Functionally, yes. You have the right to use, enjoy, sell, rent, renovate, and bequeath the property. The only difference is the legal mechanism — a trust vs. a deed.
Current Properties Available in Baja California Sur
Cabo San Lucas: 699 listings from $630K, median $1.4M. Browse properties →
La Paz: 924 listings from $572K, median $990K. Browse properties →
San José del Cabo: 692 listings from $895K, median $1.7M. Browse properties →
Todos Santos: 104 listings from $28K, median $365K. Browse properties →
East Cape: 533 listings from $430K, median $1.4M. Browse properties →
Loreto: 116 listings from $17K, median $439K. Browse properties →
Cabo Corridor: 768 listings from $629K, median $873K. Browse properties →
Get Expert Help With Your Purchase
With years of experience in Baja California Sur’s luxury market, Baja Sur Realtors has guided hundreds of international buyers through the fideicomiso process. Our established relationships with trusted notaries and premier banking institutions ensure a seamless closing.
- Search all MLS listings →
- Phone: +52 1 612 288 9722
- WhatsApp: +52 1 624 622 3489
Guide updated April 2026. Property data from Los Cabos MLS.
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