Buying property in Mexico — especially in a beachfront destination like Puerto Peñasco (Rocky Point) — is more accessible than most foreign buyers expect. Thousands of Americans and Canadians own homes here safely and legally every year. Here’s exactly how the process works.
This article provides general information only and is not legal, tax, or financial advice. Always work with a licensed notario público and a qualified attorney for your specific purchase.
Mexico’s constitution restricts direct foreign ownership of land within 50 kilometers of the coastline or 100 kilometers of an international border — Puerto Peñasco falls inside this “restricted zone.”
This doesn’t mean foreigners can’t own property here. Instead, foreign buyers purchase through a fideicomiso — a bank trust set up with a Mexican bank as trustee, with the buyer as the beneficiary. You have full rights to use, rent, renovate, sell, or pass on the property to your heirs — the bank simply holds legal title on your behalf.
A safe purchase in Mexico depends on having the right people involved:
A licensed real estate agent who knows the local market and MLS listings A notario público — not the same as a US notary. In Mexico, a notario público is a highly trained attorney appointed by the state who is legally required to oversee and validate every real estate transaction An independent real estate attorney (optional but recommended, especially for first-time foreign buyers) to review contracts on your behalf A reputable title/escrow company to hold funds securely during the transaction
4. Make an Offer and Sign a Purchase Agreement
Once you find the right property, your agent submits an offer. If accepted, you’ll sign a promissory agreement (contrato de promesa), which typically includes:
Your deposit is held in escrow, not paid directly to the seller.
5. Due Diligence
Before closing, your notario and/or attorney will verify:
Property taxes are current
The property’s title is clear and free of liens
The seller has the legal right to sell
The property is compliant with local zoning and permits
6. Fideicomiso Setup (If Applicable)
If you’re buying within the restricted zone, your notario will coordinate with a Mexican bank to establish your fideicomiso. This includes a permit from the Ministry of Foreign Affairs (SRE), which typically takes a few weeks.
7. Closing Costs and Taxes
Budget for closing costs, which generally run 5–8% of the purchase price, covering:
Appraisal fees
Notario fees
Acquisition tax (usually around 2%)
Registration fees
Fideicomiso setup fee (first year)
At closing, the notario prepares the public deed (escritura pública), both parties sign, and the notario registers the transaction with the Public Registry of Property. Once registered, your ownership (via the fideicomiso or corporation) is official and protected under Mexican law.
9. After You Own: Ongoing Costs
Annual property tax (predial) — generally very low compared to the US/Canada
Fideicomiso annual bank feeHOA fees, if applicable, for resort or gated communities Utilities and property management, especially for a vacation or rental property
Why Buyers Choose Puerto Peñasco
Rocky Point has become one of the most popular coastal destinations for American and Canadian buyers thanks to its proximity to the Arizona border (about a 3.5-hour drive from Phoenix), established beachfront resort communities, and strong rental demand from vacationers.
