
At Prudential California Realty, Vallarta Division, we will work for your best interests. We want to assure you that we will provide access to all of the properties and developments that are available for sale in the area. Puerto Vallarta has an efficient MLS Systems, but some of the big developments are not included in this system. However, we have full access to their inventories and can help you negotiate the best possible purchase terms.
We strive to work as a team with all of the more than 75 Puerto Vallarta real estate agencies affiliated to AMPI (Mexican Association of Real Estate Professionals) and we will do everything possible to make your property search a simple one.
Please take the time to read the following information in order to familiarize with the procedures involved in purchasing property in the Bay.
Your Prudential Vallarta sales professional, will guide you through the exciting process of scouting out areas and properties that will suit your needs, providing you with excellent relocation tips and the ins and outs of living in this fabulous area. If you are a seller, please let one of our sales professionals give you a listing presentation to promote and sell your property.
Please take some of the magazines, profiles and real estate publications provided at our reception and do not hesitate to contact your sales professional if you require any kind of information on any property for sale that you see advertised and that interests you.
Our job will be to provide you with the best possible service, always keeping the communication honest and your interests first.
Real Estate Information
OWNING PROPERTY IN MEXICO
Since 1974 foreigners (non-Mexican) have been able to purchase property with coastal and border boundaries through a “Fideicomiso Contract”, which translation is and has been “Bank Trust”, established with a Mexican bank. Foreigners may directly own rural or urban land in the interior of Mexico with certain limitations on specific agricultural tracts.
Bank Trust Ownership
The Bank Trust is established through a Mexican bank assuring foreign buyers of all rights and privileges of ownership. As of 1994, the Foreign Investment Law allows these deeds to be established for a term of 50 years and to be renewable upon termination. This process protects the rights of foreigners and makes sure that the transaction is legal and unencumbered. For more than 30 years, many thousands of American and Canadian citizens have used the Bank Trust ownership system throughout the Bay of Banderas (Puerto Vallarta and Riviera Nayarit) and other Mexican resort destinations.
Title lnsurance
Buyers can easily get Title Insurance Coverage with several companies that work with properties in our area. If you wish to learn more, contact your Prudential Real Estate Professional.
Taxes
Property taxes have been low and remain low in our area. Known as ‘Predial’ – yearly property tax – the mil rate is .0008% of the assessed value of the property, determined at the time of sale. This tax is paid yearly in January or February to receive a 15% discount. Property taxes have historically been low in Mexico because they have never been considered a major source of governmental revenue. This tax law might change in the future.
The Closing Process
The closing process generally takes between 30-60 days (depending on the buyer and seller), with paperwork and escrow processes coordinated through our Closing Coordinator and close communication with the public notary (Notario Publico). Closing costs are paid by the buyer, with the seller paying; the cancellation trust fee, the applicable capital gains tax and the real estate commission (this last one is 100% deductible against the capital gains tax). The seller must be always present at the closing. In case the seller can´t be present, he/she will have to issue a POA to a person of their choice. Buyers will only have to appear at the closing when accepting an existing Trust, otherwise, they don´t need to be present. Your Prudential Real Estate Professional will keep you informed about this on a timely fashion so you can be prepared. Power of Attorney can be used in any transaction. Our team will keep you informed at all times about what is needed for the closing. Our job is to simplify the process and to ensure that each and every transaction takes place with the least amount of stress.
Maintaining Your Property
For condominium owners, common area maintenance and security is handled by each building’s Condominium Owners Association (HOA), with fees paid usually monthly or quarterly. Homeowners and condominium owners, who will be away from their property for any length of time, may want to consider and hire an external property manager. Prudential doesn’t offer this service but may be able to recommend some property managers.
Insurance
Various types of insurance — including personal belongings, flood, fire and earthquake — are all ready available in our area at a reasonable cost. All types of policies can be written to pay claims in U.S. dollars. Your Prudential Real Estate Professional will have recommendations on several of the strongest and most reliable insurance companies in the area and can help you set an appointment.
Financing
Real estate purchases in our area are commonly cash transactions but more and more there is now financing for foreigners. To learn more, please ask your Prudential Real Estate Professional.
Rental Potential
In Puerto Vallarta and the entire Bay of Banderas, there is a very strong rental market for both homes and condos. Our Prudential Rental Manager can provide a full range of rental services for your property. Quality properties, which are competitively priced, can expect to rent at least as well as good hotels, which average occupancy of 50 to 60%.
Value vs. Price
The question most asked by a foreign purchaser is “Will my property increase in value?” Short-term property speculation is not a concept that can be readily applied to the Mexican real estate market. Traditionally, buyers have purchased properties in our Bay as a second home, retirement or future retirement purposes or as a pure investment and not to increase personal wealth through speculation. In most cases it is necessary to pay all cash, in some cases with seller financing and now through some loans available to foreigners.
“Am I getting a good deal?” The answer is yes – if you compare what money will buy, in relative terms, to the housing market elsewhere (outside of our area). Remember that a buyer’s concept of ‘value’ and ‘price’ here in Mexico encompasses more than mathematics: it includes natural beauty, weather, safety, cost of living, and quality of life.
Making An Offer.
What to know about making an offer on a potential property.
You’ve found the property you want. Let your Prudential Real Estate Professional advice you on the price to offer. We are always ready to listen to your requests but you have to remember that we live and breathe real estate in the area, and we will give you our opinion on the matter.
Your Prudential Real Estate Professional will advise and guide you throughout the whole process.
Be prepared to counter. Don’t let the pressure get to you. Remain patient, and let your Prudential Real Estate Professional act as your liaison with the seller or the seller’s agent. You may need to be flexible on price, closing date, and other issues like appliances and repairs.
Contingencies
Contingencies are very common even in this market but frankly if they are not justifiable, they will weaken your offer. However, if you currently own a home, your offer may need to be contingent on it selling. Or, if you’re uncertain about the structural integrity of the home, you may want to have a home inspection contingency. Just be aware any contingency could take you out of the running if a non-contingent offer is presented.
Earnest Money Deposit / Escrow
Once your offer is accepted, be prepared to seal the deal with earnest money deposit. This deposit is usually a percentage of the home’s purchase price that indicates you’re serious about the purchase and indicates your good faith (in this area commonly the deposit is 10% of the purchase price). This deposit is always applied to the purchase price at closing and it is always sent to an Escrow account. If making an offer, your Prudential Real Estate Professional will advise you and will take care of everything.
Purchase – Sale of Real Estate
Steps in the Process: The procedure can be predictable and safe in Mexico – as it has been for many thousands of American and Canadian buyers in Puerto Vallarta since 1974.
Once you have chosen your property;
1.- A written contract/offer is signed by the buyer and presented to the seller; if accepted, your Prudential Real Estate Professional will assist you in opening an Escrow account. You will have approx. 48 to 72 hours to send the deposit to the Escrow account.
2.- Once the seller accepts and signs, it means he/she has accepted the offer with all the conditions stipulated on it.
3.- The closing costs, (including the notary’s fees, the creation and preparation of the Fideicomiso Contract (Bank Trust), the Foreign Ministry permit, Foreign Investment Registry, Public Property Registry, Bank Trust Acceptance, Bank Trust fees for first year, appraisal and other miscellaneous expenses) must be paid by the buyer. Half of the total amount of the closing costs should be paid to the Notario (Real Estate Lawyer) in advance in order for his office to start with the preparation of the closing documents. The remaining closing balance should be covered 24 hours before the day of closing or at the closing. If you plan to be at the closing, bring your check book or send the funds to the Escrow and they will disburse them to the Notario at closing.
5.- Both parties shall provide all legal documentation to the Notario. This is taken care by your Prudential Real Estate Professional.
6.- Once the Notario has completed all the paperwork we are now ready for the closing!
7.- Your Prudential Relax Estate Professional jointly with Prudential´s Closing Coordinator, will arrange for the appointment at the Notario´s office and will advise you accordingly.
8.- It is advisable for the buyer to deposit the remaining balance in the Escrow account, at least 48 hours prior to the closing date.
9.- Prudential´s Closing Coordinator will prepare the disbursement letter (instructions to the Escrow) and this letter will have to be signed by both parties. Once the closing has taken place and was successful, the Notario will send via fax the letter to the escrow company in order for the funds to be released to the parties.
10.- On the day of closing, please arrive on time. The Bank trust legal representative may be there (not always), the Notario, the seller and your Real Estate Professional should all be there. Seller can be represented if he issued a POA. Buyer’s don´t need to be present if they are acquiring through a new Bank Trust (Fideicomiso Contract). If they are acquiring the property through a cession of rights from an existing Bank Trust, they will have to be present or also have issued a Power of Attorney.
At the time of closing, The Notario will provide you with a simple copy of the deed / title for your files. You and the Notario go through the important portions of the deed / title including verifying that all of your names are spelled correctly.
Once an agreement is reached, the document (deed) is printed in the “folios”, numbered sheets and then sent to get registered.
11.- The new deed/title (Escritura) is then sent to the Public Property Registry to get recorded and stamped. The Notario will deliver a simple copy to the parties at closing. The original deed / title (Escritura) could take as long as 120 days to be registered. As soon as it is received by the Notario, then the original will be delivered to the buyer.
CONGRATULATIONS, WE HAVE CLOSED AND THE PROPERTY IS YOURS !!!
This article is courtesy of Prudential Vallarta