Buying in Baja from the US
What a San Diego buyer needs to know before writing an offer on a Rosarito, Ensenada or Tijuana property: who holds title, who closes, what it costs, and the one risk that actually loses people money.
1. The restricted zone and the fideicomiso
Mexico's constitution bars foreigners from holding direct title to land within 100 km of a border or 50 km of the coast. All of Baja California is inside that zone. The workaround is standard and bank-run: a fideicomiso, a 50-year renewable trust in which a Mexican bank holds legal title and you hold every beneficial right — to live in it, rent it, sell it, or leave it to heirs. Set-up runs roughly US$500–3,000 with an annual bank fee of about US$500–700; the foreign-ministry (SRE) permit is around MX$21,650. Commercial or investment property can instead be held through a Mexican company.
2. The notario is the closer
There is no title company or escrow in the US sense. The notario público — a government-licensed attorney — examines title, checks liens at the Public Registry, calculates and withholds transfer taxes, drafts the deed (escritura) and records it. The buyer picks the notario. Do not let the seller or the seller's agent pick for you. Mexican closings typically run 30–60 days from an accepted offer.
3. Closing costs — what to budget
| Item | Published range |
|---|---|
| Buyer-side closing costs (acquisition tax ISAI, notario fees, registry, appraisal, certificates) | 4% – 8% of price |
| Fideicomiso set-up (bank + SRE permit) | US$500 – 3,000 + ≈ MX$21,650 permit |
| Fideicomiso annual fee | US$500 – 700 / yr |
| Agent commission | Paid by the seller (typically 5–6%, plus 16% IVA on the commission) |
These are published ranges, not a quote. The notario gives the exact number for a specific property. Most Baja purchases by US buyers are cash; Mexican bank mortgages for non-residents exist but are slow and expensive.
4. The ejido caution — read this twice
The most common way Americans lose money in Baja is buying land that is ejido (communal agrarian land) sold as if it were private, with paperwork that looks right. Ejido land cannot be sold to you until it has been formally converted to private property through the RAN (Registro Agrario Nacional) — no escritura, no fideicomiso, no title. Related scams: double sales, forged deeds, and unregistered subdivisions.
Every listing on this site is cross-checked against the RAN's certified agrarian-nucleus polygons for Baja California and shows a badge: inside an ejido, near one (within 500 m), or clear. Where we have no coordinates the badge says so. It is a preliminary screen, not a legal opinion: before any deposit, your notario should pull the property's escritura and a current certificate from the Public Registry (RPPC). Never wire money on a listing flagged inside without both.
5. Who represents you
Mexican practice is listing-agent-centric; the agent on the sign works for the seller. You can bring a bilingual advisor who works your side, co-brokes with the listing office, and has no inventory to push. That is what the WhatsApp button on every listing here is for.
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Sources for the ranges above: Homia — fideicomiso cost guide 2026 · TheLatinvestor — closing costs buyers pay · WhereNext — buying property in Mexico 2026 · TheLatinvestor — risks. This page is general orientation, not legal advice and not an opinion of value. Confirm every figure with your notario.