Baja Custom Homes - Real Estate - New Construction & Design

Rosarito Beach, Baja California Mexico

(619) 793-5275 USA (661) 176-5604 Mexico

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Mexico Real Estate FAQ:

Q: Why Rosarito Beach?
A: There are many vacation / retirement real estate options in Baja including San Felipe, Santa Rosalia, San Jose de Los Cabos and Cabos San Lucas to name a few. We chose Rosarito Beach for many reasons including perfect year round weather, topography, proximity to California / USA, championship level golf courses, scuba diving, fishing, international cuisine, exciting and vibrant nightlife, shopping and hot real estate market. Some mistakenly call this charming coastal community Rosarita Beach but the correct name is Rosarito Beach.

Q: Can a foreigner legally buy property in Mexico?
A: Yes, Foreigners can legally hold title to property fee simple in the interior of Mexico, including such well known tourist areas as Guadalajara, Lake Chapala, San Miguel de Allende, Cuernavaca and the Capitol of Mexico City. Mexico has designated a restricted area of 100 kilometers (approx 62 miles) deep along the coastlines which includes Baja California and especially the area of Rosarito Beach as well as mainland destinations such as Mazatlan, Puerto Vallarta, Acapulco, Veracruz and Cancun. To buy property in these coastal areas a foreigner must obtain a Mexican Bank Trust, also referred to as a "fideicomiso" in Spanish.

Q: What is a Bank Trust?
A: A bank trust is a legal method allowing foreigners to purchase property in the 100 km restricted zone of Mexico. It is legally designated under the Mexican constitution for a 50 year term and are perpetually renewable. They may be sold, traded and left to your heirs. A foreigner buying your property held in bank Trust may assume the Bank Trust at time of sale.

Q: We saw a property listing that said "Land Lease". Is that like a Bank Trust?
A: No, property listed as a Land Lease is exactly that - a house sitting on land that is leased from the land owner. Buying such a property means that you technically own the "improvements" or home built on the land but you lease the land on a monthly or annual basis for a term up to 10 years.

Q: Can you negotiate a land lease for a longer term?
A: Mexican law only permits land leases for up to 10 years. Some foreigners have signed longer land lease agreements including 99 year leases or 10 year leases with included multiple extensions. These lease agreements are not legal under Mexico real estate laws and if the land owner chooses not to honor the agreement past 10 years you have no legal recourse to enforce the lease.

Q: What happens at the end of the 10 year lease?
A: If the land owner chooses to sign a new lease you may renegotiate another 10 year lease term. There is no guarantee that the land owner will do so and buying property under such terms does carry that specific and inherent risk. Leased land property is typically lower in price for that reason and many foreigners have bought property under such land lease agreements only to find years later they are left out in the cold with nothing to show for their investment. Here at Baja Custom Homes we do not recommend buying property on leased land for that very reason.

Q: What if my spouse/myself is a Mexican citizen - Do we still need a Bank Trust?
A: If one of the buyers of a property in the restricted zone of Mexico is a Mexican citizen, you may buy the property and hold title fee simple under what is called an "escritura". If one of your parents was born in Mexico you may apply for Mexican citizenship and hold title under an escritura as well.

Q: Does Baja have an MLS property listing service like in the USA?
A: Currently there is no MLS property listing service in place at this time in northern Baja. Unfortunately there are some unscrupulous realtors in the area who portray themselves as MLS agents or agencies when in fact they are not. We consider this practice misleading, unethical and a disservice to the general public looking for real estate options in the Baja / Rosarito Beach area market.

Q: If there is no MLS, do we have to go to every Realtor to see the available listings?
Baja does have recognized, professional realtor associations where its members may agree to work with each other in showing their listed portfolio properties. APIR, the Rosarito Beach Realtors Association, and APIT - the Tijuana charter of the association are such organizations and they are recognized in the local community as leaders in promoting ethical and professional realtor standards. Baja Custom Homes is a proud member of the association and works with all the other member real estate brokers. If you are looking to buy property in the Tijuana / Rosarito Beach area, we will help you find exactly what you are looking for.

Q: How do we begin our Baja property hunt?
A: We suggest contacting our office and letting us know a little about you and your needs as well as when you are planning to be in the Rosarito Beach area. That way we can set up an appointment to meet with you and help you to make the most of your trip down here with us. We can even help you with your accommodations during your stay as we have a large vacation rental portfolio where you can stay in a luxurious ocean front home or condominium at everyday hotel prices. We highly recommend this option to our clients as it will give you a better chance to experience the true Baja lifestyle while enjoying a larger and more comfortable living area instead of a small and confined hotel room.