Buying villas and houses in Cabo San Lucas

A compelling view or a polished listing is not proof that a property is legally transferable, physically sound or suitable for your intended use. Before paying a non-refundable deposit or commissioning extensive work, screen the exact parcel, the structures on it, lawful access and recurring obligations. This guide is a decision checklist, not a valuation of any current listing; no listing availability or price is asserted.

Start with use, location and non-negotiables

Write down whether the house is for personal use, seasonal occupation or lawful rental; the number of bedrooms and accessible levels needed; privacy, road access, distance to services and tolerance for stairs, wind, salt air and maintenance. A cliffside villa, a gated-community house and a home closer to town are not interchangeable: compare actual travel routes, exposure, privacy, service dependencies and any community rules rather than relying on labels such as “oceanfront” or “exclusive”. Reject a property early if its access, layout or permitted use cannot meet a must-have requirement.

Match the marketed home to the legal parcel

Ask for the current registered title/deed, cadastral or parcel identification, a boundary survey or plan, and the seller’s evidence of authority to sell. Have a locally qualified Mexican real-estate lawyer and the transaction notary identify the competent registry and confirm that the seller, parcel description, area, boundaries, liens and recorded rights align. Compare walls, gates, parking, terraces, pools and any path to the road with the parcel plan. A fence or brochure drawing does not establish ownership. Verify legal access and any easements in the underlying records; do not assume a visible lane or beach path is a private right.

The federal maritime-terrestrial zone and beaches are subject to a separate federal public-domain regime; an “oceanfront” description does not convey ownership of the beach or an automatic right to occupy it. If the seller promises private beach use, structures or exclusive use of coastal land, request the current SEMARNAT concession (if one exists), its mapped area, authorised use, term, conditions and transfer/continuity position, and have counsel verify that it covers the advertised benefit.

If the buyer is not Mexican, verify the acquisition route first

Mexico’s restricted zone includes land within 50 km of the coastline and 100 km of an international border. For residential property in that zone, a foreign individual generally uses a bank trust (*fideicomiso*), with the bank as trustee and the buyer holding beneficiary rights; the Ministry of Foreign Affairs (SRE) permission and public deed formalities must be checked. The trust term is generally up to 50 years and may be renewed under the applicable rules. Do not assume the bank owns the economic benefit for itself or that a company structure removes all restrictions. The correct route depends on nationality, entity, intended use and the precise parcel. Ask counsel and the notary to confirm the route and current filings before signing or wiring funds.

The SRE’s official fee schedule, stated as effective from 1 January 2026 and updated 21 September 2026, lists MXN 21,650 for issuing a restricted-zone fideicomiso permit. Treat this as the government permit fee only—not the bank’s setup or annual fees, notary/registry costs or taxes—and recheck the schedule and the bank’s written charges before budgeting or paying.

Check that the visible structures match the records

Request available building permits, approved plans, completion/occupancy documents, records for extensions and pool works, and any notices or unresolved enforcement matters. Compare them with the physical property, including roof terraces, enclosed patios, retaining walls, guest suites, stairs and accessory buildings. An unrecorded addition may need regularisation, may not be approved, or may affect insurance, safety and future resale; the consequences depend on the facts and local authority records. Commission an independent inspection covering structure, waterproofing, drainage, electrical systems, plumbing, HVAC, pools, retaining walls and signs of corrosion or water ingress. Ask for specialist reports where an issue is outside the inspector’s competence.

Test utilities, access and day-to-day operation

Ask how the house receives potable water, electricity, internet and waste services, and whether supply is individually metered, shared, trucked, stored or dependent on private equipment. Verify service bills, connection records, equipment ownership, backup systems and maintenance contracts rather than relying on verbal assurances. For remote or elevated sites, check the actual route in daylight and after rain if possible; assess gradients, drainage, road condition, emergency access and delivery/contractor access. Coastal exposure and outdoor amenities can create maintenance demands: obtain records and estimates for pumps, water storage, pool systems, exterior finishes, windows, corrosion protection, landscaping and storm repairs.

Build the full acquisition and annual cost picture

Request an itemised written estimate for notary and registry charges, applicable acquisition tax, certificates, trust setup/renewal or bank charges if relevant, legal advice, surveys, inspection and any broker fee payable by the buyer. The amount and allocation depend on the transaction and current local rules; do not use a generic percentage as a substitute for a closing statement. Separately budget annual property tax, insurance, utilities, staff, pool/garden care, repairs, community or homeowners’ association assessments, special assessments and trust/bank fees. For a rental plan, model vacancy, management, furnishing, compliance and taxes independently and verify that the intended rental use is permitted. No current price, tax rate or yield is promised here.

For a property in the Municipality of Los Cabos, the municipality’s published Ley de Hacienda states a 3% acquisition-tax rate applied after deducting five times the annual UMA value, subject to the statutory rules and any applicable special treatment. Do not multiply the headline rate by the purchase price and treat it as the final bill: ask the transaction notary to confirm the current consolidated law, taxable base, valuation basis, reliefs and calculation for this exact transfer.

Make unresolved evidence a condition, not a hope

Before any binding or non-refundable payment, have counsel list missing records, the person responsible for obtaining each item and the deadline. The contract should address title and lien review, survey/boundary and access confirmation, permitted construction and use, inspection findings, financing or trust approvals if applicable, remedies and the return of deposits if a defined condition fails. Use a traceable payment channel and confirm payee instructions independently; do not send funds to a changed account based only on email. The precise contract protections depend on the negotiated agreement and Mexican law, so have local counsel draft or review them before signature.

Proceed, renegotiate or stop

Proceed to full due diligence only when the legal parcel, seller authority, access and intended use appear reconcilable and the seller will provide evidence. Renegotiate price, timing or conditions where a defect is measurable and remediable, with an independent cost estimate and a documented remedy. Pause or walk away if title or access is materially unclear, the seller will not permit verification, important structures appear unauthorised without a credible resolution path, or the numbers work only by assuming unverified rental income. Keep written records of the evidence and reasons for the decision.

Evidence checklist before commitment

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