Luxury Homes & Estates for Sale in Los Cabos

Ownership & Buyer Context

The whole Baja peninsula sits inside Mexico’s restricted zone — the strip within 50 km of any coastline. Foreign buyers cannot hold direct title here. That is normal and it is not an obstacle; it simply means the purchase is structured one of two ways.

A fideicomiso (bank trust) is the standard route for a home. A Mexican bank holds title as trustee while you are the beneficiary, with the full right to occupy, renovate, let, sell and bequeath the property. Trusts run in 50-year terms and are renewable. Expect a setup cost and a modest annual fee, and confirm both in writing — they vary between banks.

A Mexican corporation is the alternative, and is usually the right structure only if you are buying commercially, buying several properties, or running a business from the asset. It carries ongoing accounting and filing obligations that a trust does not.

The transaction is executed by a Notario Público — a senior public official, not your representative. The notario verifies title, calculates and withholds taxes and registers the deed. Because they act for the transaction rather than for you, many foreign buyers also retain an independent attorney, which we would encourage.

Budget roughly 5–8% of the purchase price for closing costs, paid by the buyer. The largest single component is the acquisition tax, with notario fees, registration, the trust permit and the bank’s trust setup making up the rest. Annual property tax (predial) is very low by North American standards. On resale, capital gains tax applies, with exemptions available in some circumstances for a primary residence — establish where you stand before you sell rather than after.

Club membership is the Los Cabos-specific item. In Querencia, Chileno Bay, Villas Del Mar and similar communities, the golf, beach club, gym and restaurants are governed by a membership that is bought separately from the real estate. Ask three questions in writing before you commit: is a membership available at all, is it transferable with this property, and what are the initiation and annual dues. A house inside a club whose membership list is closed is a different asset from the one next door.

Running costs deserve a line in the budget. Beyond club dues there is an HOA or community fee, and this is a desert — cooling and irrigation are the largest recurring costs of a Los Cabos home, which is why orientation, shading and system specification matter more here than a finish upgrade. Hurricane season runs June to November; ask what standard the house was built and glazed to, and who manages it when you are not there.

Two title checks are worth insisting on anywhere in Mexico. Confirm the land is not ejido land, which cannot be sold as private property until it has been formally regularised. And obtain a certificado de libertad de gravamen, the no-lien certificate, so you know what the title carries. For anything inside a condominium regime, also read the régimen de propiedad en condominio and ask who administers it and what the fee covers.

This is general orientation, not legal or tax advice. Your notario and your own accountant should confirm anything you rely on.