Foreigners, non-Mexicans including U.S. citizens,
may purchase real estate in Mexico with some restrictions. In 1974
the Mexican Government enacted a comprehensive trust law to protect
the investments of foreigners in Mexico. The Real Estate Bank Trust,
or Fideicomiso, an irrevocable fiduciary trust administered by a
Mexican bank of choice, allowed foreigners to acquire the beneficial
rights of use for real property.
The Foreign
Investment Regulations, passed in 1989, allowed foreigners the
right to purchase Mexican property and to
have direct ownership,
known in the U.S. as fee simple ownership, in all of Mexico
with the exception of the Restricted Zone.
The Restricted
Zone is all land within 50 kilometers (31 miles)
of the coastline or 100 kilometers (62 miles) of borders
common with
other countries, plus all of the Baja California. Las Dunas
de Santo Tomas is in the Restricted Zone.
Mexican law
requires that titles to all parcels of real estate within the
Las Dunas
subdivision may only be vested in or
held by (1) Mexican
citizens, (2) Mexican corporations or (3) Mexican Real
Estate bank trusts (Fideicomisos). Parcels of land owned by a
Mexican
corporation
must be zoned Commercial, this is available within the
Las Dunas subdivision.
The Real Estate Bank Trust, or Fideicomiso allows foreigners to
acquire the rights to use and improve property in the Restricted
Zone with all the beneficial rights of ownership. The rights granted
the beneficiary of the Trust (buyer) include construction of homes,
offering these homes for rent, leaving the property to your heirs,
or selling the property to another individual during the 50 year
renewable term of the Bank Trust. During this period the Trust
Department of the Mexican Bank holds the actual title to the property
A Master Administrative Bank Trust is in place for Las Dunas with
Bancomer, one of Mexico's largest banks. This Master Trust has
been created for the purposes of facilitating the transfer of lots
within the Las Dunas subdivision to Individual Mexican Bank Trusts
for the purposes of foreign ownership.
The use of the following disclaimer
from the Arizona Department of Real Estate makes it possible
for us to advertise within the State of Arizona: "The
Arizona Department of Real Estate has not inspected or approved
this project and
no Public Report has yet been issued for the project. No offer
to sell may be made and no offer to purchase may be accepted
in the State of Arizona before issuance of a Public Report for
the project. " |