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Real Estate

MEXLAW > Real Estate

Details of a Bank Trust for Property Purchased in the Restricted Zone (Fideicomiso en Zona Restringida)

As a foreigner purchasing property in the restricted zone, you will be required to purchase through a bank trust called a fideicomiso. The bank trust was created in order to comply with the provisions of Article 27 of the Mexican Constitution in which foreigners are limited from acquiring direct title of lands or waters within a range of 100 kilometers from any national border and within 50 kilometers from any coast, these areas are called restricted zones. The bank is the owner of the property. However, the beneficiary has all rights over the property, and the rights allow you to: sell,...

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5 Most Important Points to Review in a Promissory Agreement

Once an offer to purchase has been accepted, the next step is to complete a promissory agreement. The promissory agreement in Mexico is a formal and legally binding document that outlines the details and terms of the real estate transaction once all negotiations are final. It outlines details such as the legal description of the property, the final price, any penalties and other clauses agreed on by both parties. This agreement is the foundation of the transaction as the details of this contract will be used later to complete the sale and transfer the Title Deed. In the process of purchasing...

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LAWYERS VERSUS CLOSING COMPANIES

Although they have been around for some time, closing companies are now becoming more and more prevalent. Essentially, these closing companies or “settlement” companies, are operated by ex-patriots that believe that, because they have experienced firsthand the process of purchasing real estate in Mexico, they can advise and consult others on the process. For a fixed fee, they will read the offer provided by a realtor, make some comments, and then introduce you to a preselected notary and bank to finalize the process. They will, essentially, transfer the most critical part of the process to the notary and the bank...

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Upcoming Live Webinar: U.S.-Mexican Tax and Estate Planning for Cross-Border Clients

Important Information or US Citizens Investing in Mexico I am pleased to announce that I will be speaking in an upcoming Strafford Live Webinar, "U.S.-Mexican Tax and Estate Planning for Cross-Border Clients" scheduled for Tuesday, November 14, 1:00pm-2:30pm EST. The lengthy Mexico-U.S. border and extensive ties between the two countries result in significant economic migration. Many U.S. citizens and permanent residents have property interests in Mexico and vice-versa. Estate planning counsel and advisers must identify the tax and wealth transfer planning rules and opportunities specific to U.S. and Mexican citizens with assets and presence in both countries. Mexican law has neither an estate...

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Investing in Mexican Real Estate using your IRA

A Guide for U.S. Citizens and Realtors Opportunities exist for account holders to utilize retirement account funds for alternative investments. It is estimated that there are approximately $7.6 trillion invested in IRA accounts. Roughly 47% of the funds are held in mutual funds while the amount held in alternative assets such as foreign real estate is thought to be less than 2% of all IRA assets. IRAs Accessible to All Since the IRA was established in 1974, investing in alternative assets has been permitted by the IRS. Despite this fact, few Americans realize that they can use their self-directed IRAs to invest in...

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