Frequently Asked Questions

Information of the Parties

• Full name, nationality, marital status, address, and CURP/RFC.

Complete Description of the Propert

• Details from the title deed (deed number, notary public, date, registration information).

Price and Payment Method

• Total amount, form of payment, dates, and conditions.

• If a trust (fideicomiso) is involved (in a restricted zone), specify the trustee bank.

Delivery of Possession

• Date on which the buyer will receive the property and the keys.

• Physical and legal condition in which it is delivered.

Expenses and Fees

• Specify who pays the costs of the deed, taxes, and notary fees (usually the buyer).

Declarations of the Parties

• The seller declares to be the legitimate owner and to have the authority to sell.

• The buyer declares to know the legal and physical condition of the property.

Warranty and Eviction Clauses

• The seller guarantees that the property is free of liens and is responsible for eviction.

Penalties or Termination

• Specify what happens in case of default (for example, loss of deposit or payment of a penalty).

Signatures and Witnesses

• Must be signed by both parties and two witnesses.

• If it will be notarized, it must be signed before a notary public.

Yes, a private purchase-sale contract can be signed, and it is legally valid in Mexico between the parties.
This means that:

• It serves as an agreement of wills: both parties commit to sell and buy.

• It is binding between the seller and the buyer.

• It allows for the establishment of conditions, deadlines, deposits, penalties, etc.

When one of the parties fails to comply, it is considered a breach of contract (Articles 1796 and 2104 of the Federal Civil Code).
The affected party has the right to:

• Demand specific performance of the contract (for example, that the seller delivers the property or that the buyer pays).

• Rescind or terminate the contract, meaning to end the agreement and seek compensation for damages and losses.

A bank trust (fideicomiso) is a legal contract through which a Mexican bank (trustee) acquires ownership of a property located in the restricted zone (within 50 km of the coast or 100 km of the border) for the benefit of a foreigner (the beneficiary).

This allows a foreigner to have full rights of use, enjoyment, rental, sale, or inheritance of the property — without violating the Mexican Constitution, which prohibits foreigners from directly owning land in that area.

Three parties are involved:

• Trustor (Fideicomitente): the seller or original owner of the property.

• Trustee (Fiduciario): the bank authorized by the Ministry of Foreign Affairs (SRE).

• Beneficiary (Fideicomisario): the foreign buyer (beneficiary of the trust).

Process:

1. The foreign buyer selects a bank to act as trustee (Banorte, ScotiaBank, BBVA, Santander, etc.).

2. The bank requests a permit from the SRE (Secretaría de Relaciones Exteriores).

3. Once approved, the notary public formalizes the trust deed, where the bank appears as owner and the buyer as the absolute beneficiary.

4. The buyer pays an opening fee (approx. USD $1,500–$2,500) and an annual administration fee (around USD $500).

An escrow account (also called a “custody account” or “guarantee trust”) is a neutral, temporary account managed by an independent third-party company.
Its purpose is to safely hold the buyer’s funds until all the conditions of the purchase-sale agreement are met.

Accepted IDs without CURP or RFC

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If the buyer is not a Mexican citizen, they can identify themselves with:

• Valid Passport (mandatory for foreigners).

  • Must be valid at the time of signing before the notary.

  • It is the main identity document for all formalities.

• Recent Proof of Address

  • Can be a utility bill (electricity, water, phone) or a bank statement.

  • It does not necessarily have to be from Mexico; it can be from the buyer’s country of origin.

• Migration Form (if the buyer is physically in Mexico)

  • Example: FMM (Forma Migratoria Múltiple) or temporary/permanent residency card.

If the buyer is not in Mexico, the notary may accept a power of attorney or remote signature, depending on the case.