Buying Property in Los Cabos: What You Need to Know Before You Say Yes

By Toni Kelly | Sunlinks Real Estate

You’ve found the view, the neighborhood, and a home you can picture yourself enjoying. Now comes the question: How do you make it yours?

Buying in Los Cabos becomes easier to understand when you know the steps—and what to check along the way. Here are the essentials.

1. Yes, foreign buyers can purchase here

For a typical Canadian or American residential buyer in Los Cabos, the purchase is made through a fideicomiso, or Mexican bank trust.

The bank holds legal title, and you are the beneficiary with rights to enjoy the property. You can arrange to sell, rent, or transfer your interest, subject to the trust terms and applicable rules. Trusts can run for up to 50 years, with extensions available upon application. Ask about annual fees and naming substitute beneficiaries. sre.gob.mx

2. Know what comes with the home

In a luxury community, purchasing a property does not automatically mean every amenity or membership is included.

Before making an offer, confirm:

• Club access: Is membership available, separately priced, or subject to approval?
• Community rules: Can you rent, renovate, or host guests as planned?
• Furnishings: Exactly which furniture, artwork, and equipment stay?
• Ongoing costs: What are the HOA dues, trust fees, and other obligations?

These details can make a real difference to your enjoyment of the home.

3. Make your offer—and protect your deposit

Your purchase agreement should clearly state the price, payment schedule, review conditions, closing requirements, and possession date.

Before sending a deposit, know who holds it, when it can be released, and under what circumstances it is refundable. Escrow may be available, but never assume it is part of the transaction.

Have your attorney review those terms before you sign, and verify banking instructions directly before transferring funds.

4. Check the paperwork and the property

Your legal team should confirm the seller’s authority, review the deed or trust, and check registry records for mortgages, liens, or other recorded restrictions. Property tax, water, and HOA accounts also deserve attention. www.gob.mx

An independent inspection helps you understand the home’s physical condition. For coastal properties, ask about waterproofing, drainage, air conditioning, pools, and electrical systems.

Buying preconstruction? Have your attorney review permits, delivery commitments, specifications, and what happens if the project is delayed.

5. Understand the notario’s role

Mexico’s notario público is a qualified legal professional who formalizes the transaction, handles applicable transaction taxes, and arranges registration. The role goes far beyond witnessing signatures. www.notariadomexicano.org.mx

The notario acts impartially. Your own Mexican attorney can provide advice specifically focused on your interests. www.notariadomexicano.org.mx

6. Prepare for closing and getting the keys

Request an itemized closing estimate early, including taxes, notarial and registration charges, and trust-related costs.

Before signing, review the final documents and complete the agreed walkthrough. Confirm the inventory, payment arrangements, and possession date. Afterward, follow up on registration and your certified documents—receiving the keys and completing registry processing may happen at different times. www.gob.mx

Your next step starts with a conversation

The right purchase begins with understanding what matters to you: privacy, golf, beach access, family time, or simply somewhere you love coming home to.

Having grown up in Los Cabos, and with years of Canadian real estate experience, I bring local perspective and practical guidance to that conversation. I’ll help you compare communities, ask useful questions, and coordinate with the professionals involved in your purchase.

Considering a home in Los Cabos? Let’s talk about what you have in mind.

Toni Kelly | Sunlinks Real Estate
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General information only. Your Mexican attorney, notario, and tax advisers should confirm the details of your purchase.