Frequently Asked Questions

Yes — completely legally and safely. The mechanism is the Fideicomiso (bank trust), which grants full ownership rights to foreign buyers in Mexico's coastal zones. It's a secure, government-authorized structure used by millions of international property owners across Baja California Sur.

Typically 45 to 90 days from accepted offer to recorded deed, assuming a clean title and standard documentation. Pre-construction purchases operate under a different timeline depending on the stage of development.

Not legally required, but strongly recommended. The Notario Público represents the transaction — not either party. An independent attorney gives you an important additional layer of protection. BajaSmart can connect you with experienced real estate attorneys.

Yes — when done correctly. Los Cabos has a mature, well-regulated real estate market with established escrow services, licensed notaries, and a strong title registry system. BajaSmart has been operating in this market since 2009.

Foreign buyers should budget 5% to 9% of the purchase price in closing costs:

ISABI is the property transfer tax. As of January 1, 2026, the rate across all five municipalities of Baja California Sur is 3%, applied to the highest of: agreed purchase price, government cadastral value, or bank appraisal. It's a one-time tax paid at closing.

Buyer pays: ISABI, notary fees, fideicomiso setup, technical documentation, escrow, and due diligence. Seller pays: ISR capital gains tax, real estate commission, fideicomiso cancellation, and outstanding utility balances.

A Fideicomiso is a government-authorized bank trust that allows foreigners to hold title to coastal property in Mexico. Since virtually all residential properties in Los Cabos fall within the coastal zone, yes — you will need one. A licensed Mexican bank holds legal title as trustee while you retain full and exclusive control as beneficiary.

No. The bank acts as trustee in name only. The bank has zero ability to sell, encumber, or make any decision about your property without your explicit written authorization. The fideicomiso is backed by Mexican federal law and has been used safely by millions of foreign owners for decades.

The property transfers directly and automatically to your designated beneficiaries — no will required, no probate, no title change process. The bank simply recognizes the next beneficiary in line. Simpler and faster than inheritance in most US states.

Strong. In 2025, approximately 60% of properties sold in Los Cabos were acquired by US buyers. The market has seen consistent appreciation driven by limited inventory, strong tourism, and increasing direct flight connectivity from major US and Canadian cities.

Los Cabos — most active luxury market with strongest international demand. Todos Santos — Pueblo Mágico on the Pacific, popular with artists and surfers. East Cape — rugged, off-grid, world-class fishing and diving. La Paz — state capital, sophisticated city with a strong expat community.

No. In Mexico, real estate commissions are paid by the seller at closing. BajaSmart's services as your buyer's agent come at no direct cost to you.

Yes. Many clients begin their search remotely — we offer virtual property tours, video walkthroughs, and detailed market consultations by video call. The purchase process can be completed remotely through powers of attorney when needed.

Not at all. Our entire team is fully bilingual in English and Spanish. All documents can be reviewed in English, we attend closings with you, and we explain every step clearly.