Thinking about buying a home in the Riviera Maya? This easy, step-by-step walkthrough shows how foreigners purchase within the restricted zone, use safe escrow, verify permits and title, and avoid common presale risks. You’ll learn what a Notario Público does, what to check before you sign, and how to close smoothly & securely.

Table Of Contents

• Legal Basics—what makes Riviera Maya different
• Safe Money Flow—from offer to closing
• Developer and Presale Risk—prove it on paper
• Property Use & Ongoing Rules—no surprises later
• Red Flags & Practical Checks—fast verifications that save you
• Tools, templates, and working methods that help
• How Buyplaya Real Estate Advisors reduces risk
• Helpful checklists you can reuse
• References to anchor decisions
• Conclusion
• Related Posts
• Frequently Asked Questions (FAQs)

Key Takeaways

• Verify clean title, avoid ejido land, use a Notario Público, and send money only through regulated escrow — never to personal accounts
• In presales, match the land title to the project, confirm land-use permits, construction license, and ZOFEMAT if beachfront; use milestone-based escrow with clear delivery dates and fair penalties
• Budget 5–9% for closing costs: purchase tax, Notario fees, fideicomiso or assignment, registry, appraisal, escrow; then plan for HOA dues, property tax, trust fees and insurance
• Keep everything in writing, read HOA rules, confirm utilities & access, visit day and night, be wary of rush tactics or missing docs… pause if anything feels off
• Buyplaya is the premier real estate broker for foreign investors in Playa del Carmen, Tulum, and the Riviera Maya—successfully assisting clients for over 20 years with homes, condos, investment, beachfront and commercial properties in Mexico

Avoiding Scams and Pitfalls When Buying in the Riviera Maya

Legal Basics—what makes Riviera Maya different

How foreigners legally own near the coast

Mexico’s constitution restricts direct foreign ownership within 50 km of the coast and 100 km of borders. Most foreign buyers in Playa del Carmen, Tulum, and the Riviera Maya legally buy through one of two paths:

• Bank trust (fideicomiso) in your personal name(s)
• Mexican company (usually an S.A. de C.V. or S. de R.L. de C.V.)

Here’s a simple comparison to help you choose:

Buyers working with Buyplaya Real Estate Advisors often use a fideicomiso for a first property; investors buying multiple doors or commercial spaces may favor an entity. Both can be safe when done correctly.

The role of the Notario Público

A Notario Público in Mexico is a senior attorney appointed by the state who has public faith to formalize real estate transactions. The notario:

• Confirms the seller’s authority to sell
• Verifies the legal description matches the surveyed lot
• Checks municipal and state compliance, property tax status, and no-debt certificates
• Calculates and withholds applicable taxes
• Drafts and records the deed (or trust assignment) with the Public Registry

Tip: Verify the notario’s name and number and that their office covers the municipality where the property is located.

Title work you must see

Before you move forward, insist on these verifications:

• Public Registry file (Folio Real): Pull a current certificate of title from the Registro Público de la Propiedad y del Comercio (RPPC) showing the owner, legal description, and any recorded liens or encumbrances.
• Liens, encumbrances, annotations: Confirm there are no hipotecas (mortgages), embargoes, usufructs, or pending claims.
• Ejido risk: Do not buy on ejido (communal) land unless it has been fully regularized and titled into private domain. Ask for proof of dominio pleno and chain of title. If the seller says “it will be regularized soon,” walk away.
• Survey/siting: Match the title’s metes and bounds with a recent survey and the municipal cadastre (catastro). Lot numbers and measures must align.
• Condo regime: For condos, confirm the property is within a registered condominium regime with bylaws and a recorded fraction (indiviso) for the unit.
• Identity and permits: Keep copies of your IDs, migration document, trust permit (if applicable), RFC/CURP if issued, and the seller’s IDs. Ensure names match across all documents.

Document request list you can send to the seller or developer:

• Seller’s deed (escritura) and last three pages with signatures and registry seals
• Current Folio Real and no-lien certificate
• Property tax (predial) receipts for the last two years
• Water and CFE electricity balances or no-debt letters
• Condominium bylaws and proof of no HOA debt
• If presale: land deed, condo regime, permits, environmental clearance, and construction license

Safe Money Flow—from offer to closing

From offer to binding contract

• Written offer: Start with a short written offer summarizing price, inclusions, closing timeline, contingencies, and who pays what. Keep it simple and time-bound.
• Purchase agreement: Move to a bilingual purchase and sale agreement (or assignment, for a presale) drafted or reviewed by an independent attorney. Avoid verbal promises; everything must be in the contract, in Spanish and English.
• Conditions: Include financing, due diligence, clear title, and permit conditions. Add specific dates and default remedies for both sides.

Useful template elements for your agreement:

• Clear property description (title data, unit number, parking/storage numbers)
• Items included (appliances, furniture list, finishes specification)
• Due diligence period with access to documents and site
• Escrow instructions and release conditions
• Penalties for delay or default by either party
• Closing venue and notario designation
• Allocation of closing costs and taxes

Escrow and payment hygiene

• Use regulated escrow: Funds should be held by a reputable escrow company or bank-trust department with clear, written instructions. No cash. No wiring to a personal account, ever.
• AML/KYC: Expect to provide and receive know-your-customer documentation (IDs, proof of funds, source of funds letter). Keep the paper trail clean.
• Presales: Use milestone-based releases tied to independent certificates or municipal inspections. Examples: foundation, superstructure, roof, installations, completion, and delivery with punchlist.
• Currency: Confirm currency of record (USD or MXN) and who bears FX risk. Escrow can often hold USD with MXN disbursement at closing if needed.
• Receipts: Each payment should trigger a stamped receipt and a formal invoice (CFDI factura) when the law requires. Keep everything in a single deal folder.

Escrow release schedule example for a presale:

• 10% into escrow at contract signing (non-released)
• 20% release on structural completion certificate
• 20% release on walls/roof completion
• 20% release on rough-in plumbing/electrical
• 20% release on finishes installed
• 10% holdback until delivery and punchlist acceptance

Before you sign at closing

Ask the notario to certify these items in writing before the deed is signed:

• Property tax paid to date (constancia de no adeudo predial)
• Water, drainage, and CFE electricity status (no-debt letters or receipts)
• HOA certification: no outstanding ordinary or special assessments
• Municipal certificates: land-use compliance and no urban infractions on record
• Seller’s tax status and ability to transfer clean title
• If a trust: bank’s consent and assignment paperwork prepared
• If an entity sells: corporate powers and minutes authorizing the sale

Funds flow checklist:

• Final settlement statement reviewed and signed by all parties
• Wire instructions confirmed by phone using a known number (not from email)
• Escrow disbursement conditions satisfied and signed
• Keys/access devices exchange mapped to the notario’s signing
• Utility and HOA account changeover steps scheduled in writing

Developer and Presale Risk—prove it on paper

Prove the right to build and sell

For new construction or presales in the Riviera Maya, paper wins over promises. Require copies of:

• Land title: The party selling must own the land. Names on the deed must match the seller on your contract.
• Municipal land-use (uso de suelo): Confirms the type of project allowed (residential, mixed-use, density, height). If the approved use doesn’t match the sales brochure, stop.
• Environmental permit (MIA) where required: Projects impacting vegetation, mangroves, or coastal zones may need a Manifestación de Impacto Ambiental and other clearances. If the site is near dunes or mangroves, this is crucial.
• ZOFEMAT and beach setbacks: If oceanfront or near federal maritime zone, confirm Federal Maritime Terrestrial Zone boundaries, concessions, and required setbacks. Make sure the beach access and any concessions are compliant.
• Construction license: Active building permit (licencia de construcción) and the architect’s registration number. Ask for proof of municipal inspections as milestones are completed.
• Condo regime registration: For buildings selling as condos, the regime must be recorded or at least the draft must be available if your unit is early in the project.

Developer dossier you should compile:

• Corporate documents and legal representative ID
• Land deed and Folio Real
• Permits: uso de suelo, MIA (if needed), construction license, civil protection
• Condo regime and bylaws (registered or draft)
• Utilities plan: water, drainage, electricity, telecoms, road access
• Construction insurance and third-party liability coverage

Contracts that protect you

Presale contracts can be fair to both sides if they include:

• Delivery date with liquidated damages: Fixed delivery deadline and per-day penalty for delays after a reasonable grace period.
• Escrow-backed guarantees: Payment triggers tied to permits and construction milestones. Avoid front-loading payments without proof of work.
• Detailed finishes and equipment list: Brands, models, and specifications. If a brand change is allowed, limit it to equivalent or better, with your approval in writing.
• Change-order rules: How upgrades are priced and paid; set cut-off dates.
• Punchlist rights: Minimum 10% holdback until defects are fixed; define “substantial completion.”
• Warranties: Structure and waterproofing terms; appliances; A/C; elevator maintenance plans.
• No open-ended “promissory” contracts: If you sign a promissory agreement, cap the term, lock in price, and make conversion to the final deed automatic upon permit/condition satisfaction. Vagueness is not your friend.

Property Use & Ongoing Rules—no surprises later

HOA and building rules

Before you fall in love with the pool deck, read the rules. Ask for:

• Condominium bylaws (Régimen de Condominio) and house rules
• Minutes and budgets from the last two HOA meetings
• Current ordinary and special assessments
• Rental policies (minimum stay, platforms allowed, registration requirements)
• Pet restrictions, quiet hours, and amenity usage rules
• Property management agreement terms, if the building mandates a manager

Tip: If nightly rentals are allowed now, confirm this also aligns with municipal land-use and any building license conditions—not just the HOA rules.

Real operating costs

Build your annual budget with real numbers:

• Property tax (predial): Generally modest, but know the current assessment and payment schedule.
• Fideicomiso annual fee: If using a bank trust, confirm the current yearly cost and payment method.
• Insurance: Hurricane/wind coverage and contents insurance; ask if the HOA policy covers common areas only or includes glass/flood sublimits.
• Utilities and services: CFE electricity (A/C usage can be high), water/drainage or septic service, internet, gas.
• HOA dues: Understand what they cover (security, elevators, pools, landscaping, administration). Look for reserve funding for big items.
• Maintenance: A/C servicing, waterproofing, pest control, appliance service. In tropical climates, proactive maintenance saves money.

Access and infrastructure

Do not assume city services reach your door:

• Roads and drainage: Is the road paved or compacted? How does it handle heavy rain?
• Electricity: Confirm CFE meter installation timeline; temporary power can mask delays.
• Water: City water vs. well; pressure and storage (cistern) capacity; water quality for appliances.
• Sewage: City drain vs. septic/plant; maintenance intervals and costs.
• Connectivity: Actual internet speeds; redundancy options. Check cell coverage in the unit.
• Flood and noise: Review elevation, nearby mangroves or low areas; proximity to clubs, venues, or construction pipelines.

Renting and taxes

Short-term rental income is common in the Riviera Maya, and it comes with tax duties:

• Federal and state obligations: Income must be reported; platform withholdings may apply; lodging taxes can be due in Quintana Roo for short stays.
• RFC and invoicing: If you’ll operate rentals, plan for RFC registration and digital invoicing (CFDI) through a local accountant.
• Withholdings: Understand any retention rules and whether your manager or platform remits taxes on your behalf.
• Licenses and registrations: Some municipalities require landlord or business registrations; verify locally.
• Records: Keep a spreadsheet of gross income, platform fees, utilities, HOA, maintenance, property tax, and insurance for deductions.

Buyers who plan to rent should budget for professional accounting in Mexico and, where relevant, tax reporting at home.

Red Flags & Practical Checks—fast verifications that save you

Red flags you should not ignore

• Title data doesn’t match the physical unit or lot boundaries.
• Seller refuses to use a notario of your choice or pushes “my lawyer only.”
• “Wire to my personal account” or requests for cash.
• Pre-construction discounts with no permits in hand or vague license numbers.
• Floorplans change repeatedly without updated approvals.
• Guaranteed ROI or “assured appreciation” claims. No one can promise this.
• Unlicensed intermediaries or “consultants” asking for fees outside escrow.
• Missing or non-official receipts, or reluctance to issue CFDI factura where needed.
• Pressure tactics: “This price is good today only” or “multiple offers” used to rush payment.
• Ejido excuses: “We’re regularizing soon” or “The assembly approved it”—no recorded title, no deal.

Practical checks that take minutes

• Pull the Folio Real: A notario or your attorney can obtain a current extract quickly; read it.
• Verify permits with the municipality: A quick check of license numbers and land-use letters.
• Site visits at different times: Go early morning and late night; listen for bars, beach clubs, and construction noise. Watch traffic flow.
• Talk to multiple owners or neighbors: Ask about management, repairs, noise, and whether the developer delivered as promised.
• Map it: Use satellite view to spot low areas, nearby lagoons/mangroves, and potential flood paths. Note clubs, venues, and future road corridors.
• Measure the unit: Compare the measured interior and terraces with the deed and plans.
• Keep all communications in writing: Confirm calls by email or message recap; save everything to your deal folder.
• Independent translation: If you don’t read Spanish well, use a certified translator for contracts and critical certificates.

A quick 60–90 minute “verification sprint” with your agent and attorney can surface issues before money leaves escrow. Buyplaya teams do this routinely, and it saves clients from expensive surprises.

Tools, templates, and working methods that help

Your due diligence folder (create it on day one)

• Property: deeds, Folio Real, permits, licenses, condo regime, bylaws
• Money: escrow agreement, wire confirmations, receipts, invoices
• People: IDs for buyer/seller, corporate docs, powers of attorney
• Taxes and services: predial receipts, CFE/water letters, HOA certifications
• Communications: email recaps, meeting notes, punchlists, delivery photos

Simple email templates you can adapt

• Document request: “Please provide the recorded deed, latest Folio Real, no-lien certificate, property tax receipts, HOA no-debt letter, and current utility balances.”
• Permit verification: “Kindly share the construction license number, uso de suelo letter, and environmental authorization reference, so our notario can verify them.”
• Escrow confirmation: “We will only disburse funds per the escrow instructions after the notario confirms clean title and no outstanding debts.”

Quick research tools

• Google Maps and satellite view for terrain, mangroves, and proximity to noise sources
• Compass and a simple level app for sun exposure and water drainage on terraces
• Noise meter app during peak hours
• Spreadsheet budget for operating costs (annualized), including reserve for replacements

How Buyplaya Real Estate Advisors reduces risk

• Notario selection: We work with established notarios in Solidaridad (Playa del Carmen) and Tulum, ensuring closings are handled by offices that know local records well.
• Escrow partners: We only use trusted escrow providers with clear disbursement rules. No cash handling.
• Developer vetting: We maintain files on repeated builders and track delivery records, permit histories, and warranty response times.
• Contract terms: We push for bilingual agreements with milestone releases, detailed specs, and punchlist rights. Open-ended promissory contracts are a no-go.
• Post-closing setup: Utility, HOA, and fideicomiso administration handovers are planned before signing, not after.

If you’re still calibrating your budget relative to neighborhoods and building classes, see this overview of what condos and homes cost in Playa del Carmen or Tulum.

Helpful checklists you can reuse

Offer and contract checklist

• Price, inclusions, delivery date, and occupancy status defined
• Due diligence window and access rights spelled out
• Notario choice stated; closing city set
• Escrow agreement attached with release schedule
• Clear default and remedy provisions for both sides

Title and permits checklist

• Deed and Folio Real match the lot/unit; no liens/annotations
• Condo regime recorded or draft reviewed for presales
• Uso de suelo aligns with rental plans
• Construction license valid; environmental permits where applicable
• ZOFEMAT and coastal setbacks validated for beachfront

Money and closing checklist

• Escrow only; no personal account transfers
• Invoices/receipts for each payment step
• Final settlement statement approved
• Tax, HOA, and utility no-debt letters ready
• Keys, codes, and access devices exchange plan set

Delivery and operations checklist

• Finishes and appliances verified against specs
• Punchlist created with deadlines
• HOA rules reviewed; rental policies and pet rules known
• Insurance bound; A/C service and maintenance calendar set
• Accountant engaged for rental taxes and RFC needs

References to anchor decisions

• U.S. Embassy—Buying Property in Mexico: clear overview of how transactions work and what to watch for in Mexico, including the role of the notario. U.S. Embassy—Buying Property in Mexico
• Secretaría de Relaciones Exteriores (SRE)—Fideicomiso in the Restricted Zone: trust permits and the legal basis for foreign ownership near the coast. SRE—Fideicomiso in the Restricted Zone
• Additional reading: Mexico’s consumer agency PROFECO for developer and contract complaints; CONDUSEF for financial services and escrow best practices; SEMARNAT for environmental permits and ZOFEMAT topics.

Conclusion

Buying in the Riviera Maya is doable—just slow down. Verify title, permits & escrow; work with a Notario, read HOA rules, and document everything. Main takeaway: due diligence first, money second… If you want local know‑how with results, Buyplaya Real Estate Advisors is the premier broker for foreign buyers in Playa del Carmen, Tulum, and the Riviera Maya—20+ years helping clients purchase homes, condos, investment, beachfront, and commercial properties in Mexico. Start a conversation today.

Related Posts

• Riviera Maya Real Estate Listings
• How Much Do Condos Or Homes Cost In Playa Del Carmen Or Tulum
• Your Blueprint for Purchasing a Beach House in the Riviera Maya
• Secrets to Finding the Best Realtors in the Riviera Maya

Frequently Asked Questions (FAQs)

What quick checks help me avoid scams in Riviera Maya real estate?

Start simple. Confirm the property has a clean title (folio real) at the Public Registry, and that the seller matches the title. Insist on a Notario Público leading the closing, and use a regulated escrow account—never wire to an individual. For condos or presales, verify building permits and land-use (uso de suelo), plus that the developer actually owns the land. Read the HOA bylaws, visit the property day & night, and put every promise in writing. No paperwork, no payment.

How do foreigners buy safely to avoid scams in Riviera Maya real estate?

Foreigners purchase in the restricted zone via a bank trust (fideicomiso) or a Mexican company. Your Notario handles the SRE permit, reviews the trust, confirms liens and taxes, and registers the deed. Keep copies of your IDs, KYC/AML docs, and the bilingual purchase agreement. Pay only through escrow with clear milestones. If something feels rushed or confusing—pause and ask for proof.

Are presale condos riskier? How can I avoid scams in Riviera Maya real estate during presales?

Presales can be safe when papered right. Match the land title to the project, confirm the construction license, land-use, and if beachfront, ZOFEMAT compliance. Where needed, check an environmental MIA. Use escrow with milestone releases (foundation, structure, delivery), include a realistic delivery date with penalties, a detailed finishes list, and a punch list on handover. Avoid vague promissory contracts & guaranteed ROI claims. If permits aren’t ready, you shouldn’t be paying much.

What closing costs should I expect so I’m not surprised by hidden fees in Riviera Maya real estate?

Budget for 5–9% of the purchase price in typical closing costs. That often covers acquisition tax, Notario fees, appraisal, trust setup or assumption (fideicomiso), Public Registry, certificates, and escrow. Ongoing costs include HOA dues, property tax (predial), bank trust fees, insurance, electricity & water, and routine maintenance. Ask for a written cost breakdown from the Notario before you fund escrow. Small thing, big peace of mind.

Why is Buyplaya the right team to help me avoid scams in Riviera Maya real estate?

Buyplaya is the premier real estate broker for foreign investors in the playa del carmen, tulum, and riviera maya of Mexico. Successfully assisting clients for over 20 years purchasing homes, condos, investment, beachfront, and commercial properties in Mexico. We lean on vetted Notarios, use escrow-first processes, verify permits and titles, and keep you updated in plain language. Local relationships matter—so do clean closings.