Specialized legal service

Bank trust for foreign buyers

We structure the legal vehicle so foreign nationals can acquire real estate in the restricted zone of Quintana Roo with full legal certainty.

What is a bank trust for foreigners?

The Mexican bank trust (fideicomiso) is the legal instrument that allows a foreign national to acquire the use, enjoyment and disposition of real estate located within the restricted zone — defined as 50 kilometers along the coastlines and 100 kilometers along the national borders. The entire coast of Quintana Roo, including Cancún, Playa del Carmen and Tulum, falls within this strip.

Through the trust, an authorized Mexican bank acts as trustee (fiduciario) and holds legal title to the property, while the foreign buyer is named as beneficiary (fideicomisario) and exercises all ownership rights: residing in the property, renting it, modifying it, selling it or bequeathing it. The instrument is constituted before a Mexican notary public and recorded in the Public Registry of Property.

The Foreign Investment Law has recognized this mechanism since 1973, and the Ministry of Foreign Affairs (SRE) issues the corresponding permits. The trust's initial term is 50 years, renewable for equal periods without limit.

When do you need a trust?

Any foreign national, whether an individual or a corporation, who wishes to acquire real estate in the restricted zone must necessarily use a bank trust:

  • Foreign buyers acquiring a vacation home, condo or residence in Cancún, Playa del Carmen, Tulum, Akumal or Puerto Aventuras.
  • Investors seeking to operate vacation rentals in the Riviera Maya.
  • Foreign nationals married to Mexicans who prefer to keep the property outside the marital community.
  • Foreign corporations acquiring real estate for non-residential purposes (subject to corporate regime and SRE permit).
  • Foreign heirs receiving property in the restricted zone through inheritance.

Our process

Each trust is structured step-by-step, with direct coordination among the trustee bank, the notary public and our firm:

  1. 1

    Preliminary legal analysis

    We review the property, validate the freedom from liens, registry history and intended use. We identify any risks before committing resources.

  2. 2

    SRE permit

    We manage the application for the corresponding permit before the Ministry of Foreign Affairs pursuant to Article 27 of the Constitution and the Foreign Investment Law.

  3. 3

    Trustee designation

    We coordinate with the authorized trustee bank (BBVA, Scotiabank, Santander, among others) and negotiate the trust agreement clauses.

  4. 4

    Execution before notary

    We accompany the client to sign the trust before a Quintana Roo notary public, validating every clause and ensuring full regulatory compliance.

  5. 5

    Registration and delivery

    We record the trust in the Public Registry of Property and deliver the duly recorded notarial testimony to the client.

Frequently asked questions

Typically 30 to 60 calendar days once the file is complete. It depends on the trustee bank's workload, notary timelines and the availability of property records.

Costs include: SRE permit (approximately USD $1,200), trustee bank fees (initial and annual), notary fees (official scale based on operation value), local taxes (ISAI), registration and professional fees. We provide a written, itemized estimate before starting.

No. The beneficiary has all rights of use, enjoyment and disposition: residing, renting, remodeling, selling, bequeathing and pledging. The only difference is that legal title sits with the trustee bank, which does not affect your exercise of rights.

You designate one or more substitute beneficiaries in the contract, who automatically assume the original beneficiary's position upon death — no probate required. This is one of the trust's main estate-planning benefits.

Yes. The sale can be made to a Mexican buyer (simple assignment and trust termination) or to another foreign buyer (assignment of trust rights and subrogation). We coordinate the entire transaction with the trustee bank.

Ready to start?

Schedule a no-commitment initial consultation. We respond the same business day.

WhatsApp+52 998 232 3301Emailadmin@rpgroupabogados.company
OfficeSupermanzana 94, Mz. 68, Lt. 18, Calle 111, C.P. 77517, Cancún, Q.Roo
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