Baja Property Insider · Buying · Stage Worksheet

Negotiating

Last reviewed September 2026 · bajapropertyinsider.com

Price is being discussed, but nothing binding is signed yet. This is the last stage where terms are still cheap to change, so it is worth being deliberate about more than the number.

What usually happens next

1. 01 — Agree on price, currency, deposit amount, and who holds the deposit.

   The deposit question matters as much as the price. A deposit held by a neutral third party under written conditions can be recovered if the deal fails for a covered reason; a deposit paid directly to the seller usually cannot. Decide this before money moves, not after.

2. 02 — Set a review period long enough to check title, liens and permits before you are locked in.

   This is the due diligence window. Registry searches, the lien certificate and permit checks take days to weeks depending on the municipality. A window of two to four weeks is common; a seller pressing for a few days is asking you to commit before you can verify.

3. 03 — Write down what happens if something turns up — refund, price adjustment, or walk away.

   Agreeing the consequences in advance is what makes the review period real. If a lien or a title defect appears, does the deposit come back? Can you renegotiate? If it is not written into the offer or purchase agreement, the answer is whatever the other side decides later.

4. 04 — Agree who pays which closing costs, and which notario will handle the deed.

   Custom puts most closing costs on the buyer, but everything is negotiable and should be written down. The buyer generally chooses the notario — and should, because the notario calculates the taxes and prepares the deed. Choosing yours early keeps the file with someone answerable to you.

What to watch for

• Deposits paid directly to a seller or agent with no written conditions for return.
• A verbal promise that a document problem will be 'fixed before closing'. Put it in writing.
• Signing a Spanish document you have not read in full. The Spanish version governs.

Papers and people

• Who is involved: Seller and agents · Notario · Attorney, for contract wording
• Documents that show up: Offer or letter of intent · Draft purchase agreement

Notes

Gerardo Sánchez Aramburu

Independent Attorney Partner

Some steps on this sheet are judgment calls, not paperwork. When one of them turns out to matter for your transaction, an independent Mexican attorney is the right next reader — someone answerable to you, not to the deal. Gerardo works directly with foreign buyers and owners in Baja California Sur, in private 30-minute consultations.

Book directly: bajapropertyinsider.com/legal-guidance

Sources and last reviewed

Last reviewed September 2026. Laws, rates, and municipal requirements change. Treat this page as a starting point and confirm anything you intend to rely on with your notario or an independent Mexican attorney.

• Article 27, Constitución Política de los Estados Unidos Mexicanos — Foreign nationals cannot hold direct title inside the restricted zone; the bank trust exists because of this article.
• Ley de Inversión Extranjera (1993), Title II, Chapter III — Establishes the fideicomiso route and the 50-year renewable trust term for foreign beneficiaries.
• Ley del Notariado para el Estado de Baja California Sur — Defines what a notario must verify, certify, calculate, and file for a property transfer.
• Fideicomiso reference, ML Realtor — Restricted-zone boundaries, trust term, and beneficiary rights. (https://mlrealtor.com.mx/guides/fideicomiso/)
• Closing costs reference, ML Realtor — Acquisition tax (ISABI) rates and the deduction applied in BCS municipalities. (https://mlrealtor.com.mx/guides/closing-costs/)

A finished checklist is a well-prepared file, not a verified transaction. Baja Property Insider — bajapropertyinsider.com