Due Diligence When Buying Property in the Riviera Maya
Due diligence in the Riviera Maya means proving four things before your money moves: the seller owns the property free of liens, the land is private and not ejido, the building is legal for the way you plan to use it, and nothing is owed on it. In practice it is a short list of official documents, most of them requested by the notary, reviewed in the 30 to 45 days between the promise agreement and the signing.
How due diligence works in Mexico
In Mexico the notary public is a state-appointed lawyer who verifies title, calculates taxes and records the deed. That covers the legal core, but not everything that matters to you as an owner. Zoning, environmental permits, the health of the homeowners’ association, the developer’s track record and the physical state of the property sit on the buyer’s side of the table, and they are worth checking before you sign the promise agreement, not after.
This page is the checklist we work through on every purchase. It does not repeat the closing process step by step; for timelines, taxes and the day of signing, see our Riviera Maya closing guide.
The due diligence checklist at a glance
| Document or check | What it proves | Issued by | Applies to |
|---|---|---|---|
| Title deed (escritura pública) with registry data | The seller owns the property and how it is described | Notary; recorded in the Public Property Registry | Every purchase |
| Certificado de libertad de gravamen | No mortgage, lien or seizure is recorded | Public Property Registry of Quintana Roo | Every purchase |
| Ejido status and dominio pleno record | The land has left the agrarian regime | National Agrarian Registry (RAN) and Public Property Registry | Land, houses, newer areas |
| Constancia de uso de suelo | What can legally be built or operated there | Municipal urban development office | Land, presales, mixed use |
| Environmental impact resolution (MIA) | The project has environmental approval | SEMARNAT, or the state for smaller works | Coastal, jungle and larger projects |
| ZOFEMAT concession and paid fees | Legal use of the 20 meter federal beach strip | SEMARNAT | Beachfront |
| Condominium regime deed and bylaws | The unit legally exists and the house rules | Notary; recorded in the Public Property Registry | Condos and gated communities |
| HOA budget, reserve fund, minutes, no-debt letter | The building is well run and no fees are owed | Administrator or HOA board | Condos and gated communities |
| Predial no-debt letter | Property tax is paid up | Municipal treasury | Every purchase |
| Water no-debt letter | The water account is paid up | Aguakan or CAPA, depending on the town | Every purchase |
| PROFECO adhesion contract registration | The sales contract model is registered | PROFECO public registry (RPCA) | Presales |
| Construction license | The project is authorized as it is being sold | Municipality | Presales and new builds |
| Developer’s land title and escrow | The developer owns the land and your payments are protected | Public Property Registry; bank trustee | Presales |
| Appraisal (avalúo) | The value used as the tax base | Authorized appraiser | Every purchase |
| SRE trust permit | A foreign buyer can hold title in the restricted zone | Ministry of Foreign Affairs (SRE), through the bank | Foreign buyers |
| ID, proof of address, tax ID, source of funds | Anti-money-laundering identification | Notary and escrow agent | Every purchase |
1. Title and the Public Property Registry
The certificado de libertad de gravamen
Every titled property in the state is recorded in the Public Property Registry of Quintana Roo under a folio. The certificado de libertad de gravamen is the registry’s official statement of who owns that folio and whether any mortgage, lien, seizure or lawsuit notice is recorded against it. The notary requests it close to signing, because it reflects the registry on the day it is issued, and files a preventive notice so nothing new can be recorded while the sale closes.
Who is selling, and can they sign
Check that the person signing is the registered owner, or holds a current power of attorney that covers the sale. If the owner married under joint property, the spouse signs too. Compare the area and boundaries in the deed with what you see on site: roof terraces, extra rooms or a pool built without permits are not in the deed and become your problem. For houses and land, ask for the cadastral record and a 20 year chain of title.
2. Ejido or private property
Ejido land is communal land governed by the Agrarian Law and recorded with the National Agrarian Registry (RAN), an agency of SEDATU. It cannot be sold to a foreigner until it goes through dominio pleno, leaves the agrarian regime and receives a title in the Public Property Registry. A “cesión de derechos” or a “constancia de posesión” is not a title. We explain the whole process, and why we avoid it, in ejido land in Mexico; if you plan to build, our guide to buying land and building in the Riviera Maya covers the survey work.
3. Zoning, environmental permits and the beach zone
Uso de suelo
The constancia de uso de suelo is issued by the municipal urban development office and says what is allowed on a lot under the local urban development plan: residential, tourist, commercial or mixed use, plus density and height. It matters most for land, presales and any plan to run a business. Rules change between Benito Juárez, Solidaridad, Tulum and the other municipalities, and even between neighborhoods.
Environmental impact (MIA)
Coastal and jungle projects, and any work near mangroves, need an environmental impact authorization. Federal projects file a Manifestación de Impacto Ambiental with SEMARNAT, which issues a resolution with conditions; smaller works may be authorized by the state instead. Ask for the resolution number and confirm the project matches what was approved.
ZOFEMAT on the beachfront
The first 20 meters inland from the high tide line are federal land, the ZOFEMAT. A beachfront building can only use that strip under a SEMARNAT concession, with its fees paid and its expiry date clear. If the sea is part of the price, read beachfront, ocean view or beach access before you shortlist.
4. The condominium regime and the HOA
A condo unit exists legally because the building was placed under a régimen de propiedad en condominio: a deed, recorded in the registry, that creates each unit and assigns its share of the common areas. Ask for that deed and the bylaws (reglamento). The bylaws decide pets, short stays, renovations and parking, and they can rule a unit out before price comes up.
Then look at the money. Request the current budget, the reserve fund balance, the last two assembly minutes and any special assessments approved or under discussion. Minutes show what owners argue about: leaks, lawsuits, an elevator that keeps failing. Unpaid fees can follow the unit, so the administrator’s no-debt letter is a condition of closing.
5. Paid-up letters: predial, water and fees
Before signing, the notary needs proof that the property is current on its obligations. The predial no-debt letter comes from the municipal treasury. Water is billed by Aguakan in Cancún, Puerto Morelos, Playa del Carmen and Isla Mujeres, and by the state utility CAPA in most other towns; each issues its own no-adeudo letter. Add the last electricity bill and, in a condo, the HOA letter. Our article on property tax in Mexico explains how predial is calculated.
6. Presales: checking the developer
Buying before construction means buying a promise, so the checks move from the property to the company. Because we don’t work for developers, we ask for these documents on your behalf without a conflict of interest:
- PROFECO registration. Under the consumer protection law and NOM-247-SE-2021, a business that sells homes must register its adhesion contract model with PROFECO. Search the developer in PROFECO’s public registry of adhesion contracts (RPCA) and compare the registered model with the contract you are given.
- Construction license. It must be current and match the number of units, floors and uses being sold.
- Land title. The developer, or its development trust, must own the land. If a bank financed the construction, ask how your unit will be released from that mortgage at delivery.
- Escrow. Payments should go to a trust or escrow account, or at least to the developer company’s bank account, never to a personal account.
- Delivery history. Visit finished projects, talk to owners and confirm they received their deeds, not only their keys.
Our guide to preconstruction real estate in Cancún goes deeper into contracts, financing and finishes.
7. At the notary: appraisal, trust permit, RFC and ID
The notary is chosen by the buyer, checks the documents above, calculates the acquisition tax and the seller’s income tax, and records the deed. The appraisal (avalúo) is done by an authorized appraiser and sets the tax base, so order it early. The trust permit: foreign buyers in the restricted zone, which covers the whole Quintana Roo coast, hold title through a bank trust that needs a permit from the Ministry of Foreign Affairs (SRE); see the fideicomiso explained. The RFC, Mexico’s tax ID, is not always needed to buy, but you need it to rent out the property or to deduct improvements when you sell.
Anti-money-laundering ID. Real estate is a regulated activity under Mexico’s anti-money-laundering law, so the notary and the escrow agent must identify you: passport, proof of address, a tax ID, marital status, the source of the funds and, for companies, the beneficial owner. Cash above a legal cap is not allowed, so funds move by bank transfer. Total closing costs run 7 to 10% of the purchase price.
Red flags that should stop a purchase
- A deposit requested in cash or to a personal account.
- A “cesión de derechos” or “constancia de posesión” offered instead of a deed.
- The person signing is not the registered owner, or the power of attorney has expired.
- Permits described as “in process”, or no PROFECO registration on a presale.
- An HOA that will not share its budget, reserve fund or minutes.
- A deed area that does not match what was built.
- Pressure to sign quickly, or to close with a private contract and no notary.
- A price far below the area with no clear reason.
- An agent who does not appear on the state roster. Here is how to verify a real estate agent in Quintana Roo.
Frequently asked questions
How long does due diligence take in the Riviera Maya?
For a resale with clean paperwork, usually 30 to 45 days between the signed promise agreement and the closing. Presales, land and properties with registry issues take longer, and it is better to extend the date than to sign with open questions.
Do I need my own lawyer if a notary handles the closing?
The notary verifies title and records the deed, but represents the legality of the act, not your interests. On a resale with clean title many buyers rely on the notary; on presales and land, an independent attorney reviewing contracts and permits is strongly recommended.
What is a certificado de libertad de gravamen?
It is the Public Property Registry’s official statement of who owns a property and whether any mortgage, lien or seizure is recorded against it. The notary requests it shortly before signing.
Can a foreigner buy ejido land?
Not while it is ejido. The parcel must first obtain dominio pleno, leave the agrarian regime and be titled in the Public Property Registry. After that, a foreign buyer can acquire it through a bank trust.
How do I check a developer’s PROFECO registration?
Search the developer’s legal name or registration number in PROFECO’s public registry of adhesion contracts (RPCA), download the registered model and compare it with the contract you were given.
Is title insurance required in Mexico?
No. The notary’s title review is the legal safeguard. Some buyers add title insurance for extra peace of mind, but it does not replace the registry certificate or the notary’s work.
What happens if the HOA or predial has unpaid debts?
Unpaid fees and taxes can follow the property, which is why the notary asks for no-debt letters. Debts are settled by the seller before or at closing, often from the sale proceeds.
How much does due diligence cost?
Most of the certificates, the appraisal and the notary’s review are part of the closing costs, which run 7 to 10% of the purchase price. An independent attorney or a building inspection is a separate fee.
Official sources: Public Property and Commerce Registry of Quintana Roo · National Agrarian Registry (RAN), SEDATU · PROFECO public registry of adhesion contracts (RPCA) · NOM-247-SE-2021 · SEMARNAT, environmental impact and ZOFEMAT · SRE, trust permit in the restricted zone · SAT, anti-money-laundering rules for real estate · SEDETUS roster of real estate agents
This page is general information only and is not legal, tax or financial advice. Laws, fees and procedures change; confirm every point with a notary public and, where needed, an independent attorney before you sign. Playa Realtors (The River Plate S.A. de C.V.) is a real estate agency licensed by SEDETUS Quintana Roo, license 1917120B0FBGMR008000735. Verify our license. Reviewed October 2026.
By Karina Sayed, broker and CPA, Playa Realtors. Reviewed October 2026.
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Plan for closing costs of 7 to 10% of the purchase price. See the Closing Guide
Hola!Living in the Riviera Maya since 2001, founder of Playa Realtors in 2008. Our team helps buyers and sellers from Cancún to Tulum, with a deeper service for buyers who want independent representation.
