How to buy a property in Baja California Sur if you are a foreigner

“Surround yourself with professionals. Your lawyer and notary will be your best allies for a safe purchase.”

By Valentina Lozano, BCS Real Estate 360°

Baja California Sur isn't just about dreamy beaches and unforgettable sunsets: it has become one of the favorite destinations for those looking to invest, retire, or change their lives.

But beware: Buying property in Mexico as a foreigner has special rules, and knowing them is key to avoiding surprises.

Step 1: Understand the bank trust

As a foreigner, you cannot purchase land directly in the so-called "restricted zone" (50 km from the coast, 100 km from the borders), but you can do so through a bank trust. This is a contract with a Mexican bank that holds the title to the property in your name, giving you full rights of use, enjoyment, sale, and inheritance. It is renewed every 50 years.

Step 2: Work with certified agents

Look for agents who are members of AMPI (Mexican Association of Real Estate Professionals) and have experience in international transactions. Ask about their track record, check reviews, and be wary of offers that sound too good to be true.

Step 3: Follow the legal process

The process includes signing a contract, reviewing the title documents in the Public Registry, opening the trust, formalizing it before a notary, and paying taxes (2–4% of the value).

Step 4: Consider the costs

Think not only about the purchase price: consider the annual property tax, maintenance, and escrow fees.

Legal requirements for purchasing property

If you are a foreigner and want to purchase property in Mexico, you must complete certain steps and submit the necessary documentation:

Basic documents: These include permission from the Ministry of Foreign Affairs (SRE), tax documentation, and a temporary or permanent residence permit issued by the National Migration Institute (INM).

Legal Process: A notary public plays a key role. They verify the buyer's identity, ensure the property is free of liens, and process the deed. They are also responsible for including the Calvo Clause, a declaration that the buyer waives diplomatic protection in legal cases.

"It is advisable to seek the advice of legal and real estate experts to avoid risks and ensure a safe transaction."

Since 2025, the Federal Rights Law establishes a fee of $4,640.00 MXN to process the written waiver agreement.

Additionally, foreign buyers should be aware of the following taxes:

ISAI: Tax on the Acquisition of Real Estate.

ISR: Income Tax.

Predial: Annual property tax.

Testimony : Sarah, a 52-year-old Canadian, bought a two-bedroom oceanfront condominium in La Paz. “The escrow process seemed complicated, but with a good lawyer, it was simple,” she says. “From the moment I saw the listing to the moment I had the keys, it took four months. The agent was instrumental, helping me with the banking procedures, the notary visits, and the signing. Now I spend half a year here and half a year in Vancouver, and I can't imagine a better balance. Having a reliable local team made all the difference.”

Valentina's advice : "Surround yourself with professionals. Your lawyer and notary will be your best allies for a safe purchase."