REAL ESTATE LEGAL INFORMATION
The founders of San Carlos, Nuevo Guaymas, invite our readers to enjoy this recreational minded community, planned and created with the purpose of making it your favorite tourist destination.
As local and foreign visitors have frequent questions about our community, we take pleasure in making a brief narration about aspects considered important in our community:
| *ITS ORIGINS AND LEGAL EXISTENCE |
| *THE LAND |
| *TOURIST ZONE |
| *OWNING PROPERTY IN MEXICO |
| *FUTURE GROWTH & DEVELOPMENT |
| *SAN CARLOS REAL ESTATE OVERVIEW MAP |
1. SAN CARLOS NUEVO GUAYMAS, ITS ORIGINS AND LEGAL EXISTENCE:
This community was founded on lands that previously integrated a large cattle ranch known as the Baviso de Navarro. This was later subdivided in four great estates known as: Ranch Los Algodones, Ranch San Carlos, Ranch El Baviso and Ranch El Represo. At this time, Mr. Rafael T. Caballero acquired the ranches Los Algodones, San Carlos and El Baviso, contracting the services of City planners who designed the first stages of a gradual and carefully planned tourist development that in time would become one of the first and most important tourist and recreational communities in the State.
When the private investors began the initial works for this development, in support of this vision, the State Congress of Sonora issued - during the governorship of Lic. Luis Encinas Johnson- a declaration establishing the official incorporation of the Township of San Carlos, Nuevo Guaymas, Municipality of Guaymas, Sonora, Mexico, through a Decree published in the State Official Bulletin Government no. 26, dated on the 28 of September of 1963, with an endowment of 2,774.60 hectares of privately owned lands located in the Southern portion of the estate El Baviso.
To complement the Township Land Endowment, the State Congress, During the office of Governor Faustino Felix Serna, increased the Legal Land Fund adding the estates known as Ranch San Carlos and Ranch Los Algodones, both with a surface of 2,204 hectares, as per a Decree published in the Official State Bulletin no. 23, dated on the 21 of March of 1973. A total of 4,979 hectares of privately owned lands constitute the territorial reserves of this development.
2. THE LANDS HAVE NO AGRARIAN LEGAL CLAIMS:
On July 1, 1976, The Agrarian Reform Secretariat, through the Direction of Legal Affaires, declared by means of the official notification no. 240-438155, Reference XV; that the mentioned privately owned lands located in the remaining lands of the estates El Baviso and San Carlos, HAVE NO AGRARIAN LEGAL CLAIMS UPON THEM, and consequently the proprietors are in freedom to lien, to encumber, to contribute to societies, to merge, to cede on trusteeship and to freely dispose of these lands. In that same official notice it is recognized that the proprietors of these four estates, voluntarily ceded to the Federal Government part of their lands for the creation of the new center of population and for the formation of the Ejido 13 of July, a surface of 11, affecting the Northern and the western portions of the estates San Carlos, El Baviso, Los Algodones and El Represo. The above in accordance to the Presidential Resolution of July 15, 1968, published in the Official Gazette of the Federation on the 27 of August of 1968
3. FEDERAL DECLARATION OF TOURIST ZONING:
In support of the objectives set forth by the private investors for the development of a new tourist destination, the Agrarian Reform Secretariat, the Secretary of Human Settlements and Public Works, and the Secretary of Tourism, altogether issued a Declaration of High-priority Tourist Zoning, for all the effects of law; in favor of the estates El Baviso, San Carlos and Los Algodones, owned by Grupo Caballero. The cited declaration was published in the Official Gazette of the Federation No. 34 of the 15 of August of 1980.
The ocean's wonderful sights and smells and the peace of living or vacationing along Mexico's 6000 miles of coastline is a powerful attraction for foreigners.
If you've been considering purchasing a vacation home or a retirement property in Mexico, there are a few things you'll need to know concerning the legal and financial issues surrounding the acquisition of property in Mexico. Many people believe that foreigners cannot own land in Mexico at all. This is not true. There are ways in which a foreigner can purchase and own their own property anywhere in Mexico, it is just a matter of going through the proper channels and obeying the proper regulations.
It is written in Article 27 of the Mexican constitution that no foreigner may own any Mexican Property within 100 km of the border or within 50 km of the coast. Naturally, this "restricted zone" includes the largest portion of resort cities in Mexico. The Mexican government does, however, allows foreigners to establish trusts with Mexican banks allowing indirect acquisition of properties within the restricted zone.
This is how the process works: Anyone interested in a particular property in Mexico must, through his or her broker, have a Mexican bank acquire the property for him/her. The bank then becomes the legal owner, but only in trust. All rights to and use of the property is the purchasers. These trusts are for a period of fifty years and may be extended for another fifty years at the end of this period. The trustee's rights to the property may also be transferred to a third party.
All banks in Mexico are protected against bankruptcy by the Mexican government, so failure of the bank that owns your property in trust will not mean the loss of your investment.
Naturally there will be additional costs due to the addition of the Mexican bank as a third party in the real estate purchase. In addition to the cost of the property and the taxes (which will be discussed later), the purchaser will have to pay a percentage of the value of the property to the bank and a tariff for the drawing up of the agreement. There will also be an annual fee for the bank's services as trustee.
In Mexico, all real estate deals must be processed through notary, a government official whose duty it is to see that all real estate is transferred properly. The notary's duties are to make a title search through the Public Registry and to obtain a non-lien certificate and tax statement from the Treasury. The notary also conducts an official appraisal, and makes sure that there are no unpaid bills or taxes on the property. The notary charges approximately 2% of the appraisal value for the services.
The only tax paid by the purchaser is a variable transfer tax. This should be around 2 to 4% of the appraised value. The seller must pay a capital gains tax on the sale
When it comes time to close a real estate deal, it is not uncommon for a seller to require a written offer as well as a 5 to 20% deposit. Due to the highly unstable interest rates in Mexico, financing of property is rare. Most real estate deals are paid for in cash. It is common to pay 20 to 50% of the total amount of the purchase upon signing the contract and the full cost upon signing the official deed.5.- FUTURE GROWTH & DEVELOPMENT
The San Carlos area is not part of the destinations promoted by FONATUR, such as Cancun, Ixtapa and Los Cabos, although the national tourism entity is backing a $1.7 billion plan -called Escalera Nautica- to build 22 marinas along the Sea of Cortez in an attempt to stimulate tourism and development in the area. FONATUR projects that by 2014 it can attract enough investment to build 10,300 rooms and attract 5.3 million tourists annually, up from 200,000 today, while creating 53,000 jobs.
It is anticipated that tourism in the San Carlos area will sustain continued growth with the advent of additional flights and rail service into the region, complemented by the Escalera Nautica development project.
In anticipation of this continued growth "Grupo Caballero" has in place infrastructure for 36,000 residents (current population 6000 +). This includes many prime beach front commercial parcels in "Piedras Pintas, Algodones" and off beach parcels in "Rancho San Carlos & Baviso", with eventual extension of services into the beautiful beaches of the "La Manga" area above "Club Med".
In conclusion, San Carlos with it's miles of beaches, modern infraestructure, and over 8000 acres of yet to be developed prime real estate with clean and clear title, makes it a vacation, retirement & investment "dream come true" for the 21st century.
SAN CARLOS REAL ESTATE OVERVIEW MAP
1.- Bella Esperanza |
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SAN CARLOS MARKETING COMPANY S.A. DE C.V. Plaza Comercial Los Jitos Local #23 Phone: (622) 226 00 70 |
