Buying · Stage Guide

Under contract

A purchase agreement is signed and a deposit is usually in place. There are now deadlines. The work is confirming everything the contract assumes is true, while there is still room to act.

§ IWhat Usually Happens Next

Last reviewed September 2026 · Sources

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Tick steps off as you go — your progress is kept on this device, nothing is sent anywhere. A finished checklist is a well-prepared file, not a verified transaction.

What this usually costs

Bank trust cost: About $2,000–$3,000 USD to set up, then $500–$1,000 USD a year; The annual trustee fee must be current before a bank will authorise a transfer. Source
Acquisition tax (ISABI): 3% in all five BCS municipalities as of January 1, 2026; Charged on the highest of the contract price, the cadastral value, or an appraisal no more than 90 days old — less a fixed deduction of about MXN 213,973. A reduced 1.5% rate applies to transfers between spouses and direct relatives. Source

Checked September 2026. Figures move, and each transaction is calculated on its own numbers — confirm with your notario or attorney before relying on them.

Baja Property Insider is not a real estate brokerage. We hold no listings, represent no seller, and nothing on this page is a valuation, an appraisal, or a recommendation to buy or sell.

Where the rules change →

§ IIWhat To Watch For

Deadlines quietly passing, which can cost you the deposit.

Trust permits taking longer than the contract allows. Ask for an extension in writing before the date.

Utility, tax or HOA arrears attached to the property rather than the seller.

§ IIIPapers And People

Who Is Involved

Notario
Bank / trustee
SAT
Public Registry
Attorney

Documents That Show Up

Signed purchase agreement
Certificado de Libertad de Gravamen
RFC and CSF
SRE trust permit application

Sources And Last Reviewed

This guide was last reviewed in 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.
Mexico real estate closing costs 2026, Living in Cabo
Bank trust setup and annual trustee fee ranges.
Closing costs reference, ML Realtor
Acquisition tax (ISABI) rates and the deduction applied in BCS municipalities.

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Baja Property Insider · Buying · Stage Worksheet

Under contract

Last reviewed September 2026 · bajapropertyinsider.com

A purchase agreement is signed and a deposit is usually in place. There are now deadlines. The work is confirming everything the contract assumes is true, while there is still room to act.

What usually happens next

01 — Complete the title and lien check through the Public Registry.
The notario or your attorney requests a Certificado de Libertad de Gravamen — the certificate showing whether liens, mortgages or claims are recorded against the property. It is the single most important verification in the purchase, and it takes days to weeks, so it should already be underway.
02 — Get your Mexican tax ID (RFC) and tax status certificate (CSF) in order.
Foreign buyers need an RFC — a Mexican tax identification number — for the closing and for the trust. It is obtained through SAT, the Mexican tax authority, often with the notario's or a facilitator's help. It is administrative rather than difficult, but it takes time and cannot be left to the final week.
03 — If you need a bank trust, the bank applies for the permit — this takes weeks, so start early.
For property in the restricted zone, the trustee bank applies to the foreign relations ministry (SRE) for the permit allowing the trust. Four to eight weeks is a normal range. The permit clock, not the seller's patience, usually sets the closing date — confirm your contract's timeline allows for it.
04 — Track every contract deadline in writing and confirm each one as it is met.
Purchase agreements carry dates: deposit, document delivery, review period, closing. Missing one can cost the deposit or void a protection you were counting on. A simple written list with each date and its status — shared with the people working for you — prevents the quiet expiry that causes most contract disputes.

What to watch for

Deadlines quietly passing, which can cost you the deposit.
Trust permits taking longer than the contract allows. Ask for an extension in writing before the date.
Utility, tax or HOA arrears attached to the property rather than the seller.

Papers and people

Who is involved: Notario · Bank / trustee · SAT · Public Registry · Attorney
Documents that show up: Signed purchase agreement · Certificado de Libertad de Gravamen · RFC and CSF · SRE trust permit application

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/)
Mexico real estate closing costs 2026, Living in Cabo — Bank trust setup and annual trustee fee ranges. (https://livingincabo.com/blog/mexico-real-estate-closing-costs-2026)
Closing costs reference, ML Realtor — Acquisition tax (ISABI) rates and the deduction applied in BCS municipalities. (https://mlrealtor.com.mx/guides/closing-costs/)