Who Pays What When Buying or Selling Property in Mexico?

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Yolanda Ramos

Last update:  2026-07-26

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Who Pays What When Buying or Selling Property in Mexico?

A 2026 guide to real estate transactions in Los Cabos, with real figures and professional recommendations

By Yolanda Ramos – Team Leader at Tu Casa Cabo


📍 Introduction: clarity before you sign

When buying or selling a property in Los Cabos, one question always comes up: “Who pays for what?”

Answering it early is essential, because a smooth, conflict-free closing starts with knowing exactly which costs belong to the buyer and which to the seller.

Here’s a clear guide based on our day-to-day experience with real transactions, with updated figures and recommendations from our legal team at Tu Casa Cabo.


🧾 What does the seller pay?

1. 🧮 ISR (capital gains tax)

  • Applies if you sell for more than you paid.
  • Variable rate from 1.9% to 35% on the net profit.
  • Can be reduced or waived if it’s your primary residence and you meet SAT requirements (personal use, valid INE, no sale in the last 3 years, and a UDIS cap).

2. 📜 Legal certificates and statements

  • Certificate of no liens
  • No-debt certificates for water, property tax, and HOA fees
  • 💰 Estimated cost: $2,000 – $5,000 MXN

3. 📜 Real estate commission

  • In Los Cabos, the standard range is 6% to 10% + VAT, depending on the property type, complexity, or if it’s a luxury listing.
  • This commission is tax-deductible if properly invoiced.

4. 🔙 Mortgage cancellation (if applicable)

💰 Approx. $10,000 – $15,000 MXN. Includes the deed and registering the cancellation with the Public Registry.


💸 What does the buyer pay?

1. 🏛️ Notary and deed fees

  • Notary fees, certifications, registration rights, and the official recording of the transaction.
  • 💰 Ranges between 3% and 5% of the sale price.

2. 💼 ISAI (property acquisition tax)

  • In Baja California Sur (Los Cabos), ISAI equals 3% of the cadastral value or the transaction value, whichever is higher.
  • 💡 This tax is always paid by the buyer and settled with the deed.

3. 📋 Professional appraisal (one or two, depending on the case)

  • Estimated cost: $5,000 – $10,000 MXN, depending on the property’s value and complexity.
  • If the buyer is financing through a bank, Infonavit, or another lender, two appraisals are typically required: one for the bank and one for tax purposes.

🔍 At Tu Casa Cabo, we help you manage both with certified appraisers.

4. 🔒 Escrow account (recommended)

  • A neutral fiduciary account that holds funds until all contract conditions are met.
  • 💰 Cost: $500 – $1,200 USD, usually covered by the buyer.
  • 💡 Highly recommended for international or high-value transactions.

5. 📜 Closing office / legal coordination

  • Handles document collection, scheduling, translations, and legal support throughout the process.
  • 💰 In Los Cabos, this costs between $800 and $1,000 USD, and is especially helpful for foreign buyers.

6. 📑 Bank trust / fideicomiso (only if the buyer is a foreigner)

  • Setup: $2,500 – $4,500 USD
  • Annual maintenance: $500 – $1,000 USD
  • 🔐 Mandatory for foreigners buying within the “restricted zone” (within 50 km of the coast).
  • With this trust, the buyer has full rights to use, sell, and pass on the property as inheritance.

📎 What about property tax, water, and other services?

👉 The seller must deliver the property free of outstanding debts. This includes:

  • Property tax (predial)
  • Water (OOMSAPAS)
  • Electricity (CFE)
  • HOA or condo fees

💡 These are calculated up to the day of signing and prorated if applicable.


🧠 Closing tips

  • ✅ Define all costs upfront in the purchase agreement (promesa de compraventa)
  • ✅ Don’t sign without legal advice and notary review
  • ✅ Use an escrow account and legal coordination if buying from abroad
  • ✅ Secure your appraisals before signing the deed (especially with financing)

🤝 Conclusion: financial clarity, successful closing

Knowing who pays for what is key to avoiding misunderstandings, speeding up closing, and protecting your interests.

👉 At Tu Casa Cabo, we guide you every step of the way with clarity, legal backing, and a strategy to maximize both your investment and your peace of mind.


📧 Buying or selling? We'll help you calculate your real costs

📩 Email us: hola@tucasacabo.com
📅 Book a personalized appointment with Yolanda Ramos: https://calendly.com/yolanda-ramos-tucasacabo/30min

Yolanda Ramos

Yolanda Ramos

Your Trusted Guide to Luxury Living in Los Cabos

 

Tu Casa Cabo is the leading bilingual real estate team for American and Canadian buyers in Los Cabos. Led by Co-Brokers Yolanda Ramos and Alex Sepulveda, our specialized agents walk you through the fideicomiso, secure escrow accounts, and independent legal counsel, so your purchase is safe from contract to closing. We help discerning buyers find their second or third home near thriving expat communities, world-class beaches, and direct flights from the US and Canada. Let us help you find your place in Los Cabos.

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