Selling or buying a property that is already in a fideicomiso
A home held in a fideicomiso is sold in one of two ways: the seller assigns the trust rights to the buyer (cesión de derechos fideicomisarios), or the bank moves the property into a new trust for the buyer. Either way the buyer pays ISAI, notary, registry and bank fees, and the seller pays income tax on the gain.
Written by Galarza Legal · Updated October 2026
Estimates only. Every fee, tax, cost and total on this page is an estimate for general information, based on the 2026 published government tables and typical quotes from banks, notaries and appraisers. What you actually pay is set by each office, bank, notary or provider when you pay it, and changes with the exchange rate, the appraisal and the details of your property. Mexico Trust Services confirms figures only in a written quote.
What is actually being sold?
When a foreigner owns a home in Baja California, a Mexican bank holds title as trustee of a fideicomiso and the owner is the beneficiary (fideicomisario). The beneficiary holds the rights to use, rent, sell and improve the property. So a "sale" is really a transfer of those beneficiary rights, or an instruction to the bank to convey the property to someone else. The bank does not decide whether you can sell. It follows the beneficiary's instructions, once the paperwork, taxes and its own fees are in order.
Cesión de derechos or a new trust: which route?
Cesión de derechos fideicomisarios (assignment of trust rights). The seller assigns their rights in the existing trust to the buyer. The trustee bank must accept the new beneficiary and will run its own know-your-customer review before it signs. No new SRE permit or permit modification is needed: the bank reports the assignment to the SRE in its annual report (Reglamento de la Ley de Inversión Extranjera, Art. 11, fr. III). With a cesión, the buyer steps into the existing trust and keeps whatever remains of its term; it does not restart at 50 years.
New trust for the buyer. The seller instructs the bank to convey the property into a new fideicomiso with the buyer as beneficiary. The buyer pays a new SRE permit and a new bank setup fee, and gets a fresh term of up to 50 years. The buyer can choose the trustee bank for the new trust, which may or may not be the seller's bank. When the property moves to a new trust, the seller's trust is closed out, and the bank charges its own fees for releasing the property; the bank quotes them.
- A cesión usually makes sense when the existing trust has plenty of term left and the bank is acceptable to the buyer.
- A new trust makes sense when little term remains, when the buyer wants a different bank, or when the old trust has problems that are cleaner to leave behind.
- If the buyer is a Mexican national, the bank can convey the property to them directly and no trust is needed.
Who pays what?
The usual split follows the law and market practice; anything else must be written into the purchase agreement.
- Example: taking over an existing trust by cesión in Rosarito at USD 350,000 costs the buyer about MXN 335,806 (≈ USD 18,152 at 18.50, 5.19%), excluding legal fees. A new trust at the same price costs about MXN 358,051, roughly MXN 22,245 more, mainly the new SRE permit and its examination fee.
- ISAI still applies to a cesión: for tax purposes, acquiring the beneficiary rights to a property counts as acquiring the property.
| Cost | Who pays | 2026 estimate |
|---|---|---|
| ISAI (property acquisition tax) | Buyer | Progressive by town; about 3.2%–3.4% effective at USD 350,000 |
| Notary fees + IVA | Buyer | State notary fee schedule (arancel); IVA 8% only under the border incentive, otherwise 16%; notary quotes |
| Registry inscription and notices | Buyer | About MXN 13,089 (B.C. Ley de Ingresos 2026, Art. 12) |
| Appraisal (avalúo) | Buyer | MXN 4,500–14,000 by value |
| SRE fee on a cesión | Buyer | None (the bank reports it to the SRE) |
| SRE new permit (new trust) | Buyer | MXN 21,648.83 + MXN 596.29 examination |
| Bank cesión fee, or new-trust setup fee | Buyer | Roughly USD 600–750; the bank quotes |
| Income tax (ISR) on the gain | Seller | Withheld and paid by the notary |
| Unpaid annual fees, predial, water, HOA dues | Seller | Must be current before closing |
Estimates only. Final amounts are set by each office, bank, notary or provider at the time of payment, and change with the exchange rate, the appraisal and the details of the property.
What does the seller need? Get an RFC first
The seller's income tax (ISR) is the item that most often surprises foreign owners. With an RFC (Registro Federal de Contribuyentes, the Mexican tax ID), the tax is on the gain, measured from your provable purchase cost and documented improvements adjusted for inflation (LISR Arts. 121 and 124); the notary calculates the payment under LISR Art. 126. A primary-residence exemption exists for up to 700,000 UDIS (LISR Art. 93, section XIX) if its requirements are met. A non-resident without an RFC can face withholding of 25% of the gross price, or 35% of the gain through a legal representative in Mexico (LISR Art. 160). The notary calculates, withholds and pays the tax at signing.
Tax at home is a separate question: ask a U.S. (or Canadian) tax professional how the Mexican tax is treated on your return.
- Passport and the original fideicomiso deed (escritura) with the SRE permit.
- RFC and proof of tax status, obtained before listing if possible.
- Proof of what you paid and of improvements (invoices and receipts).
- Paid predial and water receipts, and an HOA letter if the home is in a condominium.
- Bank statements showing annual fees paid up to date.
- If you will not attend the signing: a power of attorney, apostilled and translated by an authorized perito traductor, or granted at a Mexican consulate.
Steps, in order
In general terms, a clean cesión or new-trust sale takes several weeks to a few months from signed agreement to signing at the notary. Bank and SRE response times are the main variables. Missing documents, a deceased beneficiary or an unrecorded construction add time.
- Review the trust and title. Read the deed and permit, confirm the remaining term and who the beneficiaries are, and order the lien certificate (MXN 503.41) from the RPPC.
- Sign a purchase agreement that says which route (cesión or new trust), the price, who pays each cost and the deadline to close.
- Open the file with the bank and get its written quote for the cesión or the release and new trust.
- SRE. For a new trust, the bank applies for a new SRE permit. A cesión needs no SRE application; the bank reports it in its annual report.
- Appraisal and tax figures. The avalúo is ordered; the notary calculates ISAI for the buyer and ISR for the seller.
- Signing before the notary, with the bank appearing as trustee. Each party pays its costs directly to the notary, bank and authorities.
- Registration of the new deed at the RPPC.
What can go wrong?
- Debts on the property. A mortgage or embargo recorded against it shows on the lien certificate and must be released or paid at closing.
- Unpaid annual bank fees. Unpaid annual bank fees can hold up the transfer, so ask the bank for a statement and bring the account up to date before closing.
- Predial and water arrears. Before signing, the notary must check that predial and other municipal taxes on the property are paid up to date. In a condominium, the seller must also give the buyer no-debt letters for public services and HOA fees, and the notary will normally ask for proof that water is paid. Rosarito raised predial by up to 200% for 2026 (Zeta Tijuana, December 2025), so check the current bill.
- HOA dues. In a condominium, ask the association for a letter showing no balance owed.
- Wrong or missing beneficiary. If the registered beneficiary has died, a succession or substitution must be completed first.
- Marital status. If the seller is married, the spouse may need to sign, depending on the marriage regime and how the trust was set up.
- Funds. Never wire money to a person you have not verified. You can use an escrow company for the price; Galarza Legal does not receive or hold purchase money or third-party fees.
How Galarza Legal can help
For sellers, we review the trust, help with the RFC and ISR questions, and line up the bank and SRE paperwork so the closing is not delayed. For buyers, we review the existing trust and lien certificate, compare the cost of a cesión against a new trust, and coordinate with the notary and bank. Lic. Pati Claudia Galarza (Cédula Profesional 15176510) works in English and Spanish from Playas de Rosarito and San Felipe. Book a consultation, call +1 619-568-2424 or email [email protected].
Frequently Asked Questions
Can I sell my fideicomiso property to another foreigner?
Yes. Either you assign your trust rights to the buyer (cesión) or the bank moves the property into a new trust for them. Both need bank paperwork; a new trust also needs a new SRE permit.
Does the buyer pay ISAI on a cesión?
Yes. In our Rosarito example at USD 350,000, ISAI is about MXN 217,875 whether the buyer takes over the trust or opens a new one. These figures are estimates; the final amounts are set by each office, bank, notary or provider when you pay them.
What happens if I sell without an RFC?
As a non-resident without an RFC you can face withholding of 25% of the gross price, or 35% of the gain through a representative (LISR Art. 160). With an RFC, the tax is on the gain measured from your provable, inflation-adjusted cost (LISR Arts. 121 and 124) instead. These figures are estimates; the final amounts are set by each office, bank, notary or provider when you pay them.
Is a cesión cheaper than a new trust?
Usually, yes. A cesión needs no new SRE permit, so the buyer saves the MXN 21,648.83 permit fee and the MXN 596.29 examination fee; in our Rosarito example at USD 350,000 that is about MXN 22,245. The trade-off is that the buyer keeps the old trust's remaining term. These figures are estimates; the final amounts are set by each office, bank, notary or provider when you pay them.
Can the seller sign from the United States or Canada?
Yes, through a power of attorney that is apostilled and translated by an authorized perito traductor, or granted at a Mexican consulate.
Who holds the purchase money?
Not the law firm. The parties can use an escrow company, and each cost is paid directly to the notary, bank and authorities.