# Permission from Secretary of State to Purchase a home



## HughT (Jan 18, 2017)

Hello, I will become a Permanent Resident on the 19th. I'm aware that I do not need to be a resident to purchase property but I am a bit confused about something. Do I need to get permission from the Foreign Secretary's Office in order to purchase a house? And can someone explain the Calvo Clause?
Thanks
Hugh


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## TundraGreen (Jul 15, 2010)

HughT said:


> Hello, I will become a Permanent Resident on the 19th. I'm aware that I do not need to be a resident to purchase property but I am a bit confused about something. Do I need to get permission from the Foreign Secretary's Office in order to purchase a house? And can someone explain the Calvo Clause?
> Thanks
> Hugh


In the interior of Mexico (50 km from the coasts and 100 km from any border), a foreigner needs permission from the Secretaria de Relaciones Exteriores to buy property. They want a copy of the Compraventa and a fee, about $5000 pesos when I did it 8 years ago. It is probably more now. Near the coasts and borders, foreigners can hold property through a fideo comiso, a long term lease held by a bank. 

I had never heard of the "Calvo Clause" and could only repeat what I got from a quick internet search.


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## lagoloo (Apr 12, 2011)

That doesn't seem right. I thought it was near the coast where one needed permission and it was held by the bank. In the interior of Mexico, no problem buying property.


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## TundraGreen (Jul 15, 2010)

lagoloo said:


> That doesn't seem right. I thought it was near the coast where one needed permission and it was held by the bank. In the interior of Mexico, no problem buying property.


In the interior, foreigners are allowed to hold title to property directly without a bank or a fideo comiso. However, foreigners still need to get a stamp of approval from SRE (Secretaria de Relaciones Exteriores). Maybe the phrasing on my earlier post was a little unclear. Near the coasts and borders, foreigners are prohibited from holding property directly, In the interior they can own property, but do need permission to purchase it.


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## chicois8 (Aug 8, 2009)

I believe the law changed, to buy property you now need and RFC number ( like an IRS tax number ) to get the RFC you first have to have a CURP number from INM... So you can not buy property with just an FMM now a days......An yes you need the Foreign Office to approve you.......


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## RVGRINGO (May 16, 2007)

In othr words: It looks like you need to have either a Residente Temporal or Permanente Visa, and a CURP, and an RFC, in order to apply to SRE to purchase property in Mexico. The SRE permission has always been required, but tourist visitors were able to purchase, and even get a CURP, up until the immigration changes of 2012.


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## citlali (Mar 4, 2013)

Another thing to be aware of.. We bought a house under joint ownership and we both needed a permit and we paid the fee twice. However when we sell the house we are both eligeable for the 4million exemption.
In Chiapas I bought the house in my name, I had to have a SRE permit , only paid once and covered my husband in the will but we will only be entitled to one exemption..


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## Ajijic Lady (Jan 19, 2009)

chicois8 said:


> I believe the law changed, to buy property you now need and RFC number ( like an IRS tax number ) to get the RFC you first have to have a CURP number from INM... So you can not buy property with just an FMM now a days......An yes you need the Foreign Office to approve you.......


We did not need either a CURP nor an RFC to buy a house in Jalisco in April of this year. However, we did need both a CURP and an RFC to register a MXN plated car in Jalisco in August of this year.


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## citlali (Mar 4, 2013)

I thought you needed a RFC to sell a house.. not sure about buying one..


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## surabi (Jan 1, 2017)

FYI it's called a fideicomiso, not a fideo comiso. If you're going to bandy about Spanish/Mexican legal terms, it's a good idea to get them right. Otherwise, just say bank trust.


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