


Real Estate in Los Cabos
by Carol Billups
Issue #9 July 2004
Fish aren't the only thing getting hooked in Cabo San Lucas.
Every day people decide that a week or two a year just isn't enough to feed
their Baja habit. They dream of having a few friends over for cocktails while watching
a spectacular sunset from their private terrace. Or perhaps shaving those last few
strokes off their handicap while spending winters in their sunny second home. And
so the quest for a paradise of their own begins, fueling one of the largest and
most active resort real estate markets in North America.
Safeguarding your investment is the most important consideration
when buying property anywhere—Mèxico is no exception. Real estate is a significant
investment and it is well worth educating yourself before you buy. Some visitors
to Los Cabos think business is done in a Wild West frontier style where anything
goes. But the days of writing an offer on the back of a cocktail napkin and pinning
it to the saddle of your little burro are gone forever. Today's real estate professionals
take their responsibilities, and your trust, seriously. With little government supervision
of the profession, two groups have taken on the task of self-regulating the industry.
The Los Cabos chapter of the Association of Mexican Real Estate Professionals (AMP),
a national organization, is primarily responsible for policing ethical practices
and providing continuing education for its members. Multiple Listing Service, or
MLS, or MLS, is the working group of local real estate agents and brokers. Their
main activity is providing a means to co-operatively market their listings but they
also regulate business ethics. Your best interests will be served by working with
a realtor who is a member of AMPI and the MLS.
Be sure that you purchase title insurance. Fidelity (available
through International Land Title of Cabo San Lucas), Stewart, and First
American write title policies in Los Cabos—one of them probably holds the policy
on your home in the U.S. or Canada—their policies here provide the same protection.
Using third-party escrow services protects your funds. Most real estate companies
in Los Cabos offer this important service.
You don't need to speak Spanish to make a wise real estate
investment but one term you absolutely MUST learn is “fideicomiso” (fee-day-co-mee-soh),
the bank trust foreigners use to own residential real estate in Los Cabos and the
most misunderstood concept realtors deal with. Contrary to what you may have heard
at the bar last night foreigners absolutely positively can own land in Mèxico.
However, if that property is within 50 kilometers of a sea coast or 100 kilometers
from a border, the Mexican constitution states that the title must be held in a
trust, called a fideicomiso. Loosely translated, the terms state that for the purposes
of this real estate you have all the rights of a Mexican citizen. In return, you
promise not to ask Uncle Sam to invade Mèxico and annex your property. (Let's
just say Mèxico remembers the Alamo a little differently than we do).
Unlike its closest relative, the Living Trust, the fideicomiso
exists to hold title for one piece of real estate. If you own a home or condominium
and then decide to purchase another, you will need two trusts. You may sell to another
party, pass it on to future generations, or build your dream home no differently
than if you held the title directly. Just remember not to call in the marines and
everyone stays happy.
How to finance your dream is always a concern. A large portion
of real estate investments here are cash deals. Does this mean Los Cabos is only
accessible to multi-jillionaires? Of course not. But financing terms are so much
more favorable in the U.S. and Canada that many purchasers prefer to leverage equity
there to finance property here. Financing is also available through the developer
in some communities and from one mortgage company with others on the way. If you
didn't arrange a loan before you came to Cabo and had your “Aha” moment, don't
be concerned: Realtors can help you write an offer to lock in the perfect property
and still give you time to go home and arrange your financing.
Closing costs are the buyer's responsibility and can be significant.
Purchasing real estate triggers a Mexican federal sales tax of two percent with
additional fees paid to the local government. And the closing must be presided over
by a Notary Public. Unlike other countries, here a notary is a lawyer appointed
by the government to officiate over such matters as real estate transactions. There
are no poor notaries in Mèxico—factor in a few thousand dollars for this required
service. Other fees, such as the creation of your fideicomiso, may bring the total
to five to seven percent of the total purchase price in many cases.
Don't forget maintenance costs. You may have to join a Homeowners
Association. Dues vary from modest to significant depending upon where you purchase—your
realtor will know the fees. In addition, you will pay an annual property tax to
the city. Extremely affordable, it's usually the least of your concerns. If you
are buying a house or a condominium, who will be responsible for paying monthly
bills, watering the plants, and numerous other routine chores? Some residential
communities have on-site managers who will perform these tasks; in other cases,
you will need a property manager. There are many qualified companies in Los Cabos
who do everything (including property management and rentals), making ownership
problem-free.
Most gated residential areas have architectural regulations (Covenants,
Conditions and Restrictions, or C. C. & R.s) for building on home sites
and legally incorporated governance designed to maintain property values and the
distinct aesthetic character of each of these communities.
Now that you know how to buy property here, where will you look?
The municipality of Los Cabos is loosely divided into several sections. East Cape
is the area east and north of San Josè del Cabo (and the airport where you landed).
San Josè is the historic, more traditional Mexican town. Cabo San Lucas is at
Land's End and the party destination for Baja Sur. The Tourist Corridor (or Corridor,
for short) is the approximately 28-kilometer strip dividing the two established
towns. And last, “Pacific side” is between Cabo San Lucas and Todos Santos on
the Pacific Ocean coast.
There's an old saying about beachfront property: The problem
is they're not making any more of it. Los Cabos is experiencing a real estate
boom and prices are escalating. Yet there are still good values to be found in everything
from rustic beach lots to luxury estates. It's all a matter of taste and budget.
Your realtor can guide you to the choices that best fit your lifestyle. Hosting
your friends for sunset cocktails over the Pacific does't have to be a dream—in
Los Cabos, the dream can be a reality. Now that you're educated about buying that
dream, here are a few spots you might want to try on for size.
Cabo San Lucas
Beachfront property in Cabo San Lucas is scarce and exclusive:
Villa La Estancia is the only full ownership property available on Mèdano Beach.
A refined condominium resort next to Villas del Palmar, Estancia is truly a luxury
development where every possible service is exists (including some fractional deeded
ownership) along with exquisite bay and Land's End views. Mèdano Beach
Resort, under construction between Mango Deck and the Meliá San Lucas, will feature
105 Mexican-Mediterranean full and fractional ownership oceanfront suites, with
the first phase of 35 residences available in 2005. Expect pre-occupancy sales to
be brisk at this popular location.
Above Cabo San Lucas, El Pedregal is the grand dame of the gated
communities, dating back to 1974. Known for superlative properties, spectacular
views, and cobblestone streets, there is a great sense of neighborhood and history
here. Older resale homes are a great opportunity; upgrading one can yield significant
return. Lots and new homes are still available. The big decision here is: Cabo San
Lucas Bay or Pacific Ocean view?
The Tourist Corridor
Stunning Sea of Cort's and Land's End views await you
at mountainside Rancho Paraiso, just outside Cabo San Lucas, with unbelievable vistas
from The Heights: Twelve exclusive lots atop the ridge. Moderately priced lots are
laid out below The Heights on the sloping hillside. An elegant entry and paved roads
highlight this gated and guarded community. If buying a lot and building is not
for you, there are new homes for sale.
Cabo Bello is another long-standing Cabo community close to town
in the Corridor. A bit eclectic and proud of it, this is an affordable option for
condos, lots, and existing homes, all within a gated environment with views to Land's
End. Below Cabo Bello lies Playa del Rey, a very small (23 home sites) beachfront
development. The gated-within-gated enclave is set above a private swimming cove
where whales can be viewed daily in season.
Close by, La Sierra at Cabo is an up-and-coming development.
Very affordable and offering financing through Textron, the community boasts excellent
views of Cabo San Lucas Bay and Land's End. The infrastructure is complete and
owners may begin construction immediately.
One of the smaller gated communities with a distinctive character all its
own, Santa Carmela has exquisite ocean views, tranquility, and a keen sense of
architectural propriety. Next door is outstanding Punta Ballena, a gated respite
on the Sea of Cort's, and home to Auberge Resorts' Esperanza, as well as some
highly-coveted full ownership and fractional options.
There are three exclusive resorts between Cabo San Lucas and
San Josè del Cabo. Golfing, of course, is the main attraction with oceanfront
villas, condominiums, full ownership, and fractional opportunities offering golf
course and ocean views.
Closest to Cabo San Lucas, Cabo del Sol is a golf resort with
courses by Jack Nicklaus and Tom Weiskopf, a stunning clubhouse, two miles of fabulous
beach on the Sea of Cort's, and dining in several upscale hotel restaurants.
Estate home sites and Puerta del Sol condominiums and waterfront villas are the
big draws here. If you can't decide whether you want a sea or golf course vista,
this is your spot!
At Cabo Real midway through the Corridor, Casa del Mar, Las Gardenias
condominiums and the Fairway Homes are a few of the possibilities around the Cabo
Real Golf Course. The largest resort in the Corridor, Cabo Real boasts exclusive
hotels, fine beaches, and the Jack Nicklaus-designed ElDorado Golf Course. Next
to the Westin Regina Resort Los Cabos, the Grand Regina Los Cabos has stunning cliffside
ocean view villas with every service and amenity.
The Palmilla resort is the exclusive community close to San Josè
del Cabo and the gold standard for luxury living in Los Cabos. Centered around the
newly re-opened One& Only Palmilla hotel and a 27-hole Nicklaus course with
some of the best golf in Baja, not to mention great beaches, this luxury destination
offers estate homes, home sites, and hillside townhouses. Every amenity is available
to the lucky owners here.
San Josè del Cabo
Beachfront El Zalate luxury condominiums feature full ownership
and fractional offerings at their Club Perla Rosa. Also on the water, Las Mañanitas
is a top-end condominium resort featuring spacious and beautiful common areas. These
are only several of the many opportunities in San Josè del Cabo—any of which
might be perfect for your lifestyle. Fronting the 9-hole Mayan Palace Golf Los Cabos,
Paseo Finisterra is the preferred address for single-family homes with sweeping
San Josè Bay views to Palmilla and Punta Gorda.
The East Cape
Near San Josè del Cabo, Puerto Los Cabos and El Encanto are
spearheading high-end developments in this largely undiscovered area. Both target
the boating/golfing/beach enthusiast who understands long-term appreciation. Under
construction, 2,000-acre Puerto Los Cabos is the most ambitious destination resort
development in the history of Los Cabos. A master-planned village with a 400-slip
marina: hotels, condominiums, gated communities and golf courses will snake along
three miles of pristine coastline. Bordering on Puerto Los Cabos to the east is
El Encanto, a gated community of oceanfront villas and home sites designed to appeal
to those who want it all, away from it all. Next door, Laguna Hills has home sites
and resales “off the grid” with panoramic views. Further northeast along the
coast to Los Barriles are more beachfront homes and lots.
Although not in Los Cabos proper, Bahìa de Los Sueños (Bay of
Dreams) is worth considering. This new Sea of Cort's development east
of La Paz is being marketed from Cabo San Lucas—you're only a short private
plane ride from the Cabo of 15 years ago. This exceptional parcel offers multiple
acre, estate-sized lots and has catered primarily to professional athletes and other
high profile types who really want to get away from it all. Now open for general
sales, this is another community that is ready to take off.
The Pacific Side
If the cooler climes of the Pacific Ocean sound appealing, ask
your realtor about available properties north of Cabo San Lucas, a growing area
with several affordable beachfront communities.
These are only a few of the incredible opportunities in
Los Cabos. Around these better-known resort areas are many smaller communities offering
their own distinct flavor and style. From the Pacific side to the East Cape, one
of them is right for you. And if the Baja Habit has you—don't despair. In
this case being hooked may be the best thing that's ever happened. How would
I know? A decade ago, I was hooked, too.
Illinois-native Carol Billups is a semi-retired trade journalist,
animal lover, and a Prudential Cabo Gold realtor living the dream in El Pedregal
with her husband, Bob, three dogs, and an often-occupied guest suite.