# Purchasing property



## Mexstan (Nov 20, 2009)

Can anyone tell me what a Canadian needs to purchase property in Mexico? What paperwork, legal stuff etc is needed? In other words, what hoops does a foreigner need to jump thru to buy property in Mexico?


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## chicois8 (Aug 8, 2009)

You need a passport, at least an FMM (tourist permit) and Loonies..............


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## Isla Verde (Oct 19, 2011)

chicois8 said:


> You need a passport, at least an FMM (tourist permit) and Loonies..............


OK. I'll bite. Loonies??


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## gwizzzzz (Apr 21, 2013)

The Canadian dollar coin has a loon on it thus the loonie


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## Isla Verde (Oct 19, 2011)

gwizzzzz said:


> The Canadian dollar coin has a loon on it thus the loonie


I had no idea, thanks.


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## gwizzzzz (Apr 21, 2013)

should have added the two dollar coin by default is a toonie


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## Isla Verde (Oct 19, 2011)

gwizzzzz said:


> should have added the two dollar coin by default is a toonie


So what's a loonie toonie?


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## gwizzzzz (Apr 21, 2013)

Used to be a cartoon now its a canadian


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## Mexstan (Nov 20, 2009)

Thanks for the loonie replies, but that does not help me. I forgot to mention that I am a residente temporal.


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## chicois8 (Aug 8, 2009)

Mexstan, I believe I answered your question,you need a valid passport, a least a tourist permit and money...that's all you need.......


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## Mexstan (Nov 20, 2009)

chicois8 said:


> Mexstan, I believe I answered your question,you need a valid passport, a least a tourist permit and money...that's all you need.......


Thanks. I thought that you were kidding. I have a notario that insists that I need permit from the relaciones exteriores and who knows what else. I have bought a house and trying to get it in my name. Also have property in another area that the authorities are giving me a hard time on to get it in my name. Perhaps it is different from state to state?


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## Longford (May 25, 2012)

Mexstan said:


> Can anyone tell me what a Canadian needs to purchase property in Mexico? What paperwork, legal stuff etc is needed? In other words, what hoops does a foreigner need to jump thru to buy property in Mexico?


The _hoops_ you'll jump through differ, depending on the location of the property. Real estate situated in federally protected zones - along ocean/gulf shorelines or near other national borders - have the greatest restrictions. Purchases in the interior of the country have the lesser. My suggestion is that you locate a reputable Notario Publico in the community where the subject property is located and ask his/her advice. You will eventually need a Notario Publico to close on the sale so selecting one now is probably the prudent thing to do. Best of luck!


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## chicois8 (Aug 8, 2009)

Mexstan said:


> Thanks. I thought that you were kidding. I have a notario that insists that I need permit from the relaciones exteriores and who knows what else. I have bought a house and trying to get it in my name. Also have property in another area that the authorities are giving me a hard time on to get it in my name. Perhaps it is different from state to state?



You need to have what I wrote, the notario will do all the paper work,yes you will provide the the info ( passport and FMM numbers) you give him for the permit from the Foreign Ministry, takes about 30 days...

You should have visited a notario before you purchased a house or property...


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## grotton (Apr 20, 2012)

*Permission to Purchase Property*

To purchase property you do need permission from the Mexican government. How complicated this process is depends on where you are purchasing or in which state. In San Miguel de Allende for example where many foreigners buy houses and land, the process of getting permission is all wrapped up in the purchase process and handled by your real estate agent and you Notario. Your Notario will charge you something in the neighborhood of 3000 pesos collect all the information needed from you and send it off to Mexico City. The Mexican government used to charge 5000 pesos to grant the permission to buy but they no longer do that for some reason. 

I purchased a house in the state of Chiapas and the process was more complicated because fewer foreigners buy property here. I had to handle the entire process going to the state capital, meeting with the official, completing the necessary forms myself and providing my passport, FMM etc. Basically they want to see that you are legally in the country. It was kind of complicated and required three trips to finally meet with the person and get everything right. Patience required.

Hope that helps.


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## citlali (Mar 4, 2013)

When we bought in Jalisco the realestate agent and the notario handled it when we bought in Chiapas I had to go to SRE and apply.
The advantages of doing it yourself it that you do not pay the fee to the agent or notario. 
In Jalisco the property is 50% mine 50% my husband´s which means we had to pay for two SRE permits, if one of us passes away the other has to get the title switch to one 100% ownership.
In Chiapas since we are married under community property, I got the house in my name 100% and only had to pay for one permit and no fee to the notario.
If I pass away , I have a will designating my husband as beneficiary. If I want to sell I will have to have his signature releasing his right to the property although he is not on the deed.
If you buy in a municipality which is within 50km from the border or from the coast you have to go through a trust if you are not a citizen.
Check with a notario all the various ramifications of going one way or another.

The permit is Federal and comes from the Secretaria de Relaciones Exteriores SRE. I remember having to give them some plan of the house or maybe it was for some other paper as I di pretty much everything by myself in Chiapas and not in Jalisco As Grotton says patience is required as long as a few trips and speaking Spanish or having someone with you who does.


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## TundraGreen (Jul 15, 2010)

citlali said:


> When we bought in Jalisco the realestate agent and the notario handled it when we bought in Chiapas I had to go to SRE and apply.
> The advantages of doing it yourself it that you do not pay the fee to the agent or notario.
> In Jalisco the property is 50% mine 50% my husband´s which means we had to pay for two SRE permits, if one of us passes away the other has to get the title switch to one 100% ownership.
> In Chiapas since we are married under community property, I got the house in my name 100% and only had to pay for one permit and no fee to the notario.
> ...


Secretaria de Relaciones Exteriores wanted a copy of the CompraVenta when I purchased in Jalisco. That is the bill of sale and becomes the escritura when it has been registered.

Incidentally, a minor correction to the above post. I believe the restrictions on foreigners buying property apply 100 km from borders and 50 km from coasts.


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## chicois8 (Aug 8, 2009)

Mrs. Dog, The restricted zone is 100 KM (62 miles) from the border and 50KM(31 miles) from a coast...


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## citlali (Mar 4, 2013)

Guys you are correct on the distances


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## citlali (Mar 4, 2013)

It took me 2 weeks to get the permit and I was in a hurry..


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## Mexstan (Nov 20, 2009)

Thanks everybody for all the replies. Much appreciated.

Have discovered an easier and cheaper way to do this. My wife is Mexican and according to a lawyer in the family I should just put the property in her name and have a legal contract drawn up that says that I am the legal owner of the property and that she cannot do anything with the property.

BTW, before purchasing both properties I did look into the legalities and was assured that it was no problem. Guess it really is no problem as long as I am very patient and pay and pay and pay.


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## sparks (Jun 17, 2007)

Mexstan said:


> Have discovered an easier and cheaper way to do this. My wife is Mexican and according to a lawyer in the family I should just put the property in her name and have a legal contract drawn up that says that I am the legal owner of the property and that she cannot do anything with the property.


That is a 'Carta de Poder' or Power of Attorney. That's the way Presta Nombres are setup with Ejido land. You borrow a Mexican to own the property and a Carta de Poder to give you control


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## chicois8 (Aug 8, 2009)

And it is illegal to do, it is against the Mexican Constitution,


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## GARYJ65 (Feb 9, 2013)

sparks said:


> That is a 'Carta de Poder' or Power of Attorney. That's the way Presta Nombres are setup with Ejido land. You borrow a Mexican to own the property and a Carta de Poder to give you control


You do NOT borrow a Mexican, 
PRESTANOMBRES are illegal
Even if some people do that, it is ILLEGAL PERIOD.
Having said that, do as you wish


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## sparks (Jun 17, 2007)

Relax you two .... the point was about a Carta de Poder. Gheesh

And actually a Prestanombre is exactly what his lawyer suggested he do. Is it less illegal because they are married, because it's not Ejido land .... or is it only Ejido land purchased that way that's illegal?

And .... for the 10th time .... I changed my Prestanombre with the blessings of the Ejido, a lawyer, a Notario and the Municipio.

Calm down on these knee jerk answers to something you have never been involved in or even been close to.


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## Mexstan (Nov 20, 2009)

sparks said:


> That is a 'Carta de Poder' or Power of Attorney. That's the way Presta Nombres are setup with Ejido land. You borrow a Mexican to own the property and a Carta de Poder to give you control


I know about the Carte de Poder and that is not what I am planning to do. The way I will be doing this now was suggested by my lawyer and approved by the notario as being 100% legal.


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## citlali (Mar 4, 2013)

Since you are married I do not see what would be illegal in putting the property in your wife´s name. The contract makes sense if you are not married under community property. Our lawyer advised us not to have a contract between husband and wife if you are married under community property as it could counter our marriage contract. That is what he told us in Chiapas but he also said that it was a Chiapas law and since you are in another state your local lawyer and notarios have to advised you on what you need to do.


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## sparks (Jun 17, 2007)

Mexstan said:


> I know about the Carte de Poder and that is not what I am planning to do. The way I will be doing this now was suggested by my lawyer and approved by the notario as being 100% legal.


My Carta de Poder AKA a Power of Attorney is legal here. At the Federal level ... who knows. Do you have a name and description of your procedure that that is somehow different


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## Mexstan (Nov 20, 2009)

The 'Carta de Poder' is legal in this state to, but I can't use it in quite the way it was suggested earlier. Apparently there is nothing illegal about my wife placing the property (house) in her name, even tho it is my money that paid for it. The 'Carta de Poder' comes into affect AFTER the sale on paper where she declares that she cannot do anything with the property as it really belongs to me. Convoluted, but hey, welcome to Mexico.
There is nothing I have discovered so far where this affects the legal status of our marriage, but will check further.


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## sparks (Jun 17, 2007)

Don't know about time limits. All papers are done at once here. But then personal relationships are not involved. Still sounds like an easier resolution than the alternatives


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