Buying in Mexico’s hottest markets—Mérida, Cancún, Tulum, Playa del Carmen—can be a fantastic move. It can also be risky if you don’t verify the developer, the land status, and the permits behind the glossy renderings. Below is a practical, research-backed guide to keep you safe and confident throughout your purchase.
About the author: Our Yucatán specialist Jeremy Vatinel represents buyers across Mérida and the Riviera Maya. Jeremy is also a licensed attorney, which means your search, offer, and closing process are guided by both market expertise and legal rigor.
Government alerts & enforcement in Quintana Roo: The state’s Urban Development authorities (SEDETUS) have repeatedly issued public alerts about unpermitted “developments,” especially in Tulum, Bacalar, and southern Quintana Roo, and have even published named lists of companies operating fraudulently. These warnings emphasize projects selling lots without required land-use and environmental permissions. elquintanarroense.com.mx
Consumer complaints in Yucatán: Local media report that at least 11 real estate companies in Yucatán made PROFECO’s (Mexico’s consumer protection agency) “black list” over “phantom lots,” structural defects, and unmet guarantees—evidence that scams are not isolated to one city. Por Esto!
Ongoing national and U.S. advisories: U.S. authorities continue to warn travelers and buyers to be cautious with real estate and timeshare investments in Mexico—highlighting aggressive sales tactics and the importance of consulting a Mexican attorney before signing anything. Travel.gov
Bottom line: Overselling, selling without permits, or selling land that cannot legally be titled to you are the most common failure points in the region.
Developers may presell lots in subdivisions that lack land-use authorization, environmental clearance, or municipal approvals. If those never arrive, basic services and titling can stall for years—or forever.
Your move: Ask for copies of the land-use permit, environmental approvals (where applicable), and municipal subdivision authorization. In Quintana Roo, cross-check SEDETUS alerts and municipal announcements for red flags. elquintanarroense.com.mx
Foreigners cannot directly buy ejido land, and converting ejido property into private, registrable land is a technical process that must be completed before you pay a developer. Coastal ejido tracts are particularly risky. MEXLAW
Your move: Have your attorney verify the chain of title and confirm the land is fully regularized private property (not ejido, not federal/national land) before any deposit.
Slick renderings and “Phase 1 sold out!” pitches can mask the absence of a recorded master title, trust bank acceptance (for foreigners), or even a valid subdivision.
Your move: Make closing funds conditional on (a) verified title in the Registro Público de la Propiedad, (b) recorded subdivision maps (where required), and (c) delivery of permit packets. In Yucatán, you can use INSEJUPY services to research cadastral/registry status and even set up Alerta Inmobiliaria notifications on a property. insejupy.gob.mx
Escrow is not always standard in Mexico; some developers push large wire transfers into operating accounts with no neutral safeguards.
Your move: Use a neutral escrow arrangement and set milestone-based disbursements (e.g., upon permit verification, notario review, and title-ready status). U.S. advisories specifically urge attorney review before making payments. Travel.gov
In Mexico, the Notario Público is a senior attorney appointed by the state who formalizes and records real estate transfers. Deals not recorded by a Notario in the Public Registry lack legal validity. MEXLAW
Your move: Involve your own counsel and a notario early. Ensure the deed (escritura) is recorded and taxes/fees are calculated by the notario.
Within 50 km of the coast or 100 km of an international border, foreigners do not take direct title; you use a bank trust (fideicomiso) or a Mexican company. Missteps here can leave you with the wrong structure or no enforceable rights. nuhomemexico.com
Your move: Confirm the fideicomiso bank’s acceptance in writing (trust permit) and budget for setup and annual fees. Typical figures: US$2,000–3,000 setup and US$550–1,000 annually. My Casa
High-pressure “investment opportunities” can hide timeshare or membership products, not fee-simple ownership—often tied to advance-fee scams. Travel.gov
Your move: If you’re promised guaranteed rentals or “quick flips,” slow down. Confirm you’re buying titled real property (lote o vivienda con escritura), not a use-right.
Use this flow before you sign or wire a cent:
Identity & reputation checks
Search the developer and project name alongside “SEDETUS alerta,” “clausura,” “fraude inmobiliario,” and the municipality (e.g., Tulum, Solidaridad/Playa del Carmen, Benito Juárez/Cancún, Bacalar). Public alerts in Quintana Roo have named specific companies and warned of illegal sales. elquintanarroense.com.mx
In Yucatán, review local coverage of PROFECO complaint lists flagging “phantom lots” and other abuses; persistent media reporting is a red flag. Por Esto!
Title & land status
Obtain a certificado de libertad de gravamen (lien certificate) and a notario review of the chain of title.
For Yucatán assets, use INSEJUPY portals to check registry and cadastral records or set up property alerts. insejupy.gob.mx
If there’s any hint of ejido or federal land, stop until your attorney confirms full regularization into private property. MEXLAW
Permits & land-use
Request copies of municipal subdivision approval, land-use/zonificación, environmental permits (where needed), and urbanization plans (roads, utilities).
Validate against municipal or state systems and SEDETUS communications for the municipality (Cancún/Benito Juárez, Playa/ Solidaridad, Tulum, Bacalar). elquintanarroense.com.mx
Structure for foreign buyers
Inside the coastal Restricted Zone, confirm the fideicomiso bank’s approval and fee schedule in writing before you sign the promise agreement. nuhomemexico.com
Payment safety
Use neutral escrow tied to documented milestones (permit verification, notario green-light, and registry submission). U.S. advisories explicitly recommend attorney consultation and caution on payments. Travel.gov
Closing formalities
Ensure the Notario Público drafts and records the deed (escritura) and calculates taxes/fees; unrecorded transactions are not valid. MEXLAW
Post-closing checks
Confirm the deed’s recordation in the registry and that the predial (property tax) account is updated to your name (or trust). For Yucatán, use available registry follow-up services. insejupy.gob.mx
Quintana Roo alerts / public communications: State and municipal channels regularly issue developer fraud alerts and enforcement updates (e.g., Bacalar/Tulum notices). elquintanarroense.com.mx
Yucatán registry & cadastral services (INSEJUPY): Research titles, track filings, and set property alerts. insejupy.gob.mx
U.S. advisory page (context for foreign buyers): Reinforces the need for Mexican legal counsel and caution with real estate/timeshares in Mexico. Travel.gov
AMPI standards: Working with AMPI-affiliated agents adds a code of ethics layer and disciplinary framework. Osan Puerto
Do I really need both a notario and an attorney?
Yes. The notario is a state-appointed legal officer who formalizes and records the transaction; your attorney represents your interests, uncovers risks, negotiates protections, and structures a compliant fideicomiso when needed. MEXLAW
Can foreigners own near the beach?
Yes—via a fideicomiso (bank trust) or a Mexican company in the Restricted Zone. Expect setup and annual fees; verify bank acceptance and trust terms before you pay. nuhomemexico.com
What’s the single biggest land risk?
Buying ejido or national land that cannot be legally titled to you. Always verify the land’s private status in the Registro Público and avoid projects that can’t evidence full regularization. MEXLAW
Working with Jeremy Vatinel means your search and purchase are run through a legal-first checklist:
Developer & project vetting: We screen for SEDETUS alerts and PROFECO complaint history. elquintanarroense.com.mx
Land status & title audit: Attorney-level review of chain of title, liens, and registry pulls (INSEJUPY in Yucatán). insejupy.gob.mx
Permit file verification: We request and validate land-use, subdivision, and environmental files, not just marketing brochures. elquintanarroense.com.mx
Fideicomiso setup & escrow: We coordinate the bank trust and require milestone-based escrow disbursements. My Casa
Notario-led closing & registry follow-through: We ensure the deed is executed and recorded properly. MEXLAW
“Permits are in process—deposit now to lock presale pricing.” → Ask to see issued permits and approvals; don’t fund a legal maybe. elquintanarroense.com.mx
“It used to be ejido, but that’s fine now—we’ll convert later.” → Legal conversion must be complete before you buy. MEXLAW
“No need for a notario; our in-house contract is enough.” → In Mexico, validity requires notario formalization and registry. MEXLAW
“You can wire everything to the company account today.” → Use neutral escrow with milestone releases. Travel.gov
Mexico offers incredible opportunities in Mérida and the Riviera Maya—if you buy like a professional: verify the land, the permits, the structure (fideicomiso where needed), and record the deed with a Notario Público. With Jeremy Vatinel (specialist agent and licensed attorney) leading a legal-first process, you can secure the lifestyle you want—and the legal certainty you need.
Contact us to start with a risk screen on any development you’re considering in Mérida, Cancún, Tulum, or Playa del Carmen. We’ll provide a permit/title brief and a plan to de-risk your purchase—before you wire a cent.