Friday, June 26, 2009

Returning Signs of Life in Baja Real Estate: Now's the Time to Invest in the Coast ...by Carla White

Returning Signs of Life in Baja Real Estate: Now’s the Time to Invest in the Coast

Some experts, like Marianne ‘Mimi’ Mills of Bajamar Premier Properties, are seeing returning signs of life in the recently booming Baja California real estate market. They say, ‘Now is the time to get in.’

Ensenada, Baja California – June 21, 2009

“It’s as beautiful here as it ever was…and just as safe. The great part is that Baja California is more affordable right now than it has been in years. This is good news for people looking to pay less for vacation or retirement housing in an idyllic location that’s on or close to the Pacific Ocean and an easy drive to San Diego,” comments Mimi Mills, owner of Bajamar Premier Properties (http://www.mlsbajamar.com/) located at the Bajamar Golf Resort and Hotel. Mills, who has lived in Ensenada for more than ____ years, has been heartened in recent weeks to see renewed interest by visitors in real estate investment in the area.

Mills acknowledges that the economy and overall real estate industry in Baja and particularly the coastal cities were hit hard by the downturn in the U.S. economy, as well as by sensationalistic media focused on isolated violence in some border areas and by the swine flu (which virtually bypassed Baja).

“The reality is that this is one of the only places on the West Coast were people can live in an almost perfect mild climate, even in an oceanfront home or condo, and pay a fraction of what it would cost in the United States,” says Mills. And, according to Mills, there appears to be a dawning recognition by baby boomers and those looking for good deals on real estate that now is the time to take advantage of bargains…and of something even more important.

Realtors Organize to Promote Ethics and Standards
In recent years, driven by more American expatriates moving to northern Baja, the real estate industry in the region has taken proactive steps to become more professional. No more, the ‘Wild West’ approach to real estate, where buyers took a leap of faith when they purchased lots or homes. Realtors like Mimi Mills, Diane Gibbs, Ross Buck and others have banded together in a chapter of the national organization called AMPI (AsociaciĆ²n Mexicana de Profesionales Inmobiliarios) that, while not an actual realtor-licensing organization, provides oversight, guidance, ethics and standards for real estate agents and companies working in Baja.

So what can a wanna-be buyer expect to find and pay in looking for condominiums, townhomes, houses or oceanfront property in northern Baja? And how does one begin the daunting task of finding a retirement or vacation home in the Rosarito or Ensenada area?

Oceanfront or Golf Course Views? Affordable luxury in Baja
Maday Valdenegro, an associate with Bajamar Premier Properties, says that the first thing to do is make a check list. “People need to look at a realistic budget. What do they want to spend and what to they really need in a home: one or two bedrooms or more? How many bathrooms? What kind of storage space? And are they locked into having an ocean view or a mountain view, and so on,” she suggests. “Then they need to think about what they really want.”

And want can mean anything from high-end kitchens outfitted with gorgeous granite (a specialty of the area); a personal art gallery featuring works by some of Mexico’s finest artists (many of whom live in the area); built-in wine cellars that boast some of the world’s award-winning wines from Mexico’s premier wine country, the Valle de Guadalupe…just 20 minutes away; bathrooms with travertine and marble at half the cost of comparable work in the north, and picture windows that take in the breath-taking views of the Pacific Ocean or the soft colors of a Baja sunset on coastal mountain ranges.

Just like in the States, location is everything…but location will cost a whole lot less in Baja, notes Valdenegro. “For instance, right now there are incredible deals available at all levels. There are houses that are literally on the edge of a bluff, overlooking migrating whales, that would be million-dollar-plus properties in the U.S. (and some even here, are) that are currently on the market for hundreds of thousands less.”

On the other hand, she points out, there are houses with private gardens and tranquil courtyards -- many located right on the edge of Bajamar’s famed, challenging 27-hole golf course -- with nearby amenities including a hotel, restaurant, tennis courts, biking and hiking paths, and more. These homes range vastly in size and footage, but, notes Mills, “Right now, we are seeing sales prices lower than they’ve been in five years…anywhere from $200,000 on up.”

Both realtors are adamant that potential buyers need to get to know Baja before they make the purchase plunge.

“I would say the same thing to buyers thinking of moving from Los Angeles to Chicago—go there, see what it is all about,” says Mills. “People need to have a feeling for the place they are considering living…it’s a big decision. We really urge our clients to spend a little time here, ask lots of questions – both of us and of people who already live here—and get a feeling for what ‘the good life in Baja’ is all about.“

To this end, Bajamar Premier Properties has created special stay-tour-play packages for those interesting in visiting Bajamar with the express purpose of considering real estate. Interested parties are urged to visit http://www.mlsbajamar.com/, email bajamarpremierprop@aol.com, or call from the US (619) 446-6734 and speak with Mimi, Maday or MaryCarmen Lopez.M

Friday, February 20, 2009

Developments In Mexican Property Law - Article by Peter R.J. Thompson, Attorney At Law- Published in the Baja Times

Developments In Mexican Property Law
By Peter R. J. Thompson, Attorney At Law“Seasoned” Baja-nuts may recall that I had the honor of writing the “It’s the Law” legal column in the old Baja Times from 1984-1990. Ever since I started helping my clients with their Mexican property transactions in 1979, there have been a few big changes in the legal and regulatory “landscape” that have affected the rights and obligations of foreigners who own property in Mexico. After handling more than 3000 transactions in Mexico over that 30-year time frame, believe me I have seen just about everything. BANK TRUSTS. By now, everyone knows that one of the best and most secure way to own a home in Mexico is in a bank trust (in Spanish: “fideicomiso”, pr: fee-day-co-me-sew, with the accent on the “me”). Bank trusts for property have always been legal in Mexico (I ran across old 10 and 20 year bank trusts), but only became standard operating procedure when President Echeverria authorized 30-year real estate bank trusts in 1971, followed up by the 1973 Foreign Investment Law which set forth the details. Bank trusts are necessary because Article 27 of the Mexican Constitution prohibits foreigners from owning direct title (dominio directo) to real property within a zone of 100 kilometers (about 62 miles) from the border and 50 kilometers (about 31 miles) from the coasts. Due to the shape and size of both states in Baja California, all of the tourist zones in Baja are in the prohibited zone. In the interior of Mexico, foreigners can own fee simple title to property as long as they have the correct Mexican visa. Article 27 was written in a bygone era (around 1917) when Mexico was less powerful economically, and its leaders felt they needed something drastic to prevent its most valuable property from being controlled by foreigners. Now, in modern times, the bank trust laws became a way to permit foreign ownership without having to change the Constitution, which was (and still is) politically impractical.In a bank trust, a Mexican notario creates a recorded deed in which a Mexican bank is listed as the trustee and legal titleholder of the property, and a foreign person or entity is listed as the beneficial owner of the property. The bank trustee receives start-up, annual and termination fees for its services from the foreign owner, and, although the beneficial owner has most of the rights and obligations of ownership, the bank trust document does contain restrictions and conditions. In 1989, bank trusts were made renewable and then, in 1993, bank trusts were extended to 50 years. Those were VERY important and necessary changes. Older 30-year trusts do not automatically become 50 years—you have to apply (and pay fees) to extend them to 50 years. Likewise, trusts are not automatically renewed at the end of their term. Again, you have to apply for renewal within a very specific time frame close to the end of the trust, and pay certain fees. If you don’t renew in that limited time window, you could have problems with your title. All new trusts being made these days are automatically for 50 years and are renewable.The bank trust program has been very successful in providing non-Mexicans with a secure form of recorded and marketable title for residential real estate. In fact, bank trust title is just as valid and secure as normal fee simple direct title for Mexicans. Title insurance is also readily available for bank trusts—another big selling point for Americans buying in Mexico. Of course, as in any country including the USA, property scandals and scams can be perpetuated against the unwary buyer, so it pays to have an attorney do title checks and investigations before making payments. It also pays to have a lawyer guide you through the purchasing process because it is very different than closing procedures in the U.S. CORPORATIONS FOR “NON-RESIDENTIAL” PROPERTY. One interesting (and controversial) recent development is the increasing use of Mexican corporations by foreigners to own houses and condos. Mexican law now allows 100% foreign ownership of Mexican corporations which own fee simple title to “non-residential” real estate in the prohibited zone. The word “non-residential” is not defined in the law, but clearly this applies to vacant land, as well as to property to be used for commercial purposes, and (some maintain) to houses and condos that are rented out to third parties because the use of the property in the hands of the foreign owner(s) is commercial, not residential.Although some say that such an interpretation is contrary to the intent of the foreign investment laws of Mexico, I know of no court case or regulation which settles the issue, and in fact for years notarios have been authorizing such corporate titles. The reason people seek to do this is to avoid the very real restrictions inherent a bank trust. However, even if legal, corporate ownership does have its costs, include the costs of promoting the property as a rental, hiring a Mexican accountant and filing Mexican tax returns. Another hidden cost is that if the property value significantly appreciates before you sell, you must pay the full Mexican capital gains tax rate (currently round 30%), without the possibility of the tax exemption/reduction available to individual resident bank trust owners and also without the benefit of the foreign tax credit on your U.S. form 1040 (see the next section about those points). If significant appreciation is unlikely or is not your concern, and if you truly intend to and actually do rent-out your house or condo, corporate ownership might be a good option. In a future article, I will discuss the details of 3 other forms of acquiring property besides bank trusts and corporate title, namely: 1) leases, 2) federal zone concessions and 3) ejido land. MEXICAN CAPITAL GAINS INCOME TAXES ON THE SALE OF A RESIDENCE. I do want to briefly mention 3 changes in Mexican capital gains income tax. First, the Mexican IRS (Hacienda) now considers the sale of more than 25% shares of a U.S. corporation or LLC which owns a bank trust property to be a taxable sale of the real estate. (Article 151 of the Mexican Revenue Code). If this is done, and you do not pay the Mexican income tax (if any is due), you may cause a tax lien burden against the property for the new owner. Second, (as does the U.S.) Mexico now grants a significant capital gains income tax exemption for the sale of a “residence”. You need to consult a tax or real estate advisor to make sure the property qualifies as a “residence” and also to make sure you qualify as a “resident”. In an upcoming article, I am going to explain more about that. Third, a Mexico-U.S. tax treaty allows a taxpayer to take a credit against U.S. income taxes for Mexican income taxes paid, and visa versa (thus avoiding double taxation of the same income)—but that only applies when it is the SAME taxpayer. Thus, if you hold property in a Mexican corporation and sell it, and if the corporation pays a Mexican tax on any gain, then you as an individual person can’t take a tax credit in the U.S. on your 1040 income taxes because the corporation and the you are not the “same” taxpayer. So because of the tax exemption and the tax treaty, you can see that corporate ownership isn’t necessarily the best strategy if you reasonably expect the property to greatly appreciate during the time of your ownership. Mr. Thompson is a San Diego attorney who specializes in Mexican law and Mexican real estate. He has handled over 3,000 Mexican transactions over the past 30 years of practice.

AMPI...Do you know who or what this is?

AMPI.... Do you know who or what this is?
It is a professional association of Realtors, alive and well in Rosarito, in good standing in the state of Baja and with the National AMPI Association in Mexico City. We are affiliated with the National Association of Realtors in the U.S. AMPI Rosarito in Baja California Norte is off to a strong, optimistic start for 2009. Since AMPI’s inception in Rosarito in 2004, we have had some “growing pains” as there always are with new organizations where individual participation is vital and necessary. We were pleased when AMPI National came then to instruct and certify about twenty of us and we grew to thirty three members in 2008. The goal for our chapter is an ambitious ninety-nine members.We in the business realize the importance of AMPI as the 21st Century professional face of Realtors, not just on the Baja Coast area but throughout Mexico. Working within the guidelines of AMPI National gives us uniformity in how we do our work. The goal for us as a group is to improve business relationships with disclosure and transparency. During this global economic downturn, we in Rosarito intend to focus on the positive aspects with clients and each other. With a strong committed President, a proactive Board and Committee chairpersons, our plans for the year include continuing the current programs and adding to our agenda for promoting AMPI Rosarito to become a more integral part of the community by being more visible and active.Belonging to AMPI gives each of us a professional image which is of utmost importance, not just what we know about our business, but how we do the work of listing and selling properties as Realtors. Membership for associates in related businesses are encouraged and invited to join us, companies such as Title and Insurance companies, Home Inspection and Security Companies, Developers, Architects, Banks and Mortgage companies in the business of making consumer loans. Associates are essential as we work as a team providing service to clients. AMPI Rosarito will resume its continuing education classes in Escrow, closings and the costs associated with them, contracts, disclosure, technology, Federal Zone, Real Estate taxes, how to sell as a trusted professional. Another positive aspect coming in the future include State and Federal licensing which will be a great benefit to us and the people we serve.We look forward to having an AMPI website completed where we will have standardized contracts, a Multiple Listing Service, marketing only properties with clear titles, reporting actual sale prices so we will have real comparables to discuss with clients. And we will have information on the website for those interested in how it is to live in Baja, all services available, clubs, organizations, etc.Another most important area is that our local AMPI will be working with the City government as it pertains to developers in the planning and construction stages of offering their ventures to the public. The structure of Rosarito AMPI includes the officers, vocals and important committees.They are: Admissions, Continuing Education, Publicity/Marketing, Technology, Developers, Community Involvement, Safety, Events, Elections, and Honor and Justice.We are undertaking two ambitious fundraising events in 2009 scheduled a few months apart. Our emphasis will be on charities of our area and to help our Association meet some of the operating expenses. In the Spring, we will have a fiesta, a celebration for all of the greater Rosarito area residents and for residents of the Unites States who visit and enjoy this area, many of whom purchase Real Estate here. The fiesta will be a joint, cooperative effort of AMPI and the associations of restaurants, hotels, spas, Chamber of Commerce, Tourism, furniture, artists, dance, music and civic organizations.In the Fall, a golf tournament, a fun event for the Real Estate industry and their clients.This promises to be a great day of golf and fellowship, with prizes, raffles, dinner and dancing.AMPI Rosarito is definitely a team effort as a group making a difference in our work and in the community. Members will be listed with a contact number in a March edition of the Baja Times as this is the enrollment period for past and new members.



Laura Miller, Publicity Chairman

Sunday, December 14, 2008

Rosarito Beach Security Improvements

City Mayor Hugo Torres on Saturday told the city’s largest expatriate group of gains made in public safety during his first year in office and was presented an award for his work.
“Our main proposal has been to fix up the security,” Mr. Torres told about 150 people gathered for the monthly meeting of the United Society of Baja California at the Rosarito Beach Hotel.
Mr. Torres was presented a plaque by USBC President Anne Hines which read in part: “In recognition of support, friendship and commitment in making Rosarito a better city for everyone.”
The USBC president said members of the group were deeply appreciative of the personal dedication and gains Mayor Torres has brought for all city residents.
The mayor thanked group members for the plaque and “for being here in Rosarito, making this your home and all your support.” About 10 percent of Rosarito’s estimated 140,000 residents are expatriates, most from the U.S.
This was the second time that Mr. Torres talked to the group since taking office on a reformist platform for a three-year term in December of 2007.
Noting that “the problem with security was a little bit bigger than we thought,” the mayor said that nonetheless substantial gains had been made, especially in improving the city’s police force.
Initially, Mayor Torres said, the main concern of his administration had been with some corrupt officers extorting money from visiting motorists.
But after a December 2007 attempt on the life of the new Police Chief Jorge Montero, in which about a dozen police officers were suspects, he realized the problem was deeper and quickly took strong action.
He sent all the department’s 149 officers for extensive ethics testing, including polygraph exams. Eventually about 60 percent of the department officers were replaced, while the size of the force was increased to almost 200, with plans to expand to 300.
With the changes — which include bringing in many former military as police officers —- a solid, dependable police department has been created and the problem of police soliciting bribes has become almost non-existent, Mayor Torres said.
“Much of the work has been done,” he said.
An additional 40 million pesos has been budgeted for police services and additional weapons and safety equipment is expected. The city also has established a tourist police force, a 24-hour-a-day ombudsman’s office and a citizen’s watch group of almost 400.
Mayor Torres said that the challenge of public safety would have been largely solved if not for war that broke out between rival factions of the Arrelano cartel several months ago in northern Baja, as federal, state and city officials crack down on organized crime.
More than 30 people, mainly cartel members, have been killed in Rosarito in recent months, because of the rivalry.
“It has been very difficult to stop the killings; we don’t have a list of who’s in the gangs,” Mayor Torres said. “But in Rosarito, I don’t expect these killings in Rosarito to go on much longer.”
In part because the U.S. media has covered primarily crime problems in the area, sometimes sensationalizing them, tourism and real estate sales have fallen off dramatically in Rosarito, creating economic difficulties, Mayor Torres said.
Part of the challenge in coming months will be to inform people in the U.S, of progress made and that the violence affects almost exclusively criminal elements. The information must be conveyed accurately.
“We will never go the U.S. and tell a lie,” he said.
In other gains, the city has been selected as the site for a new Tijuana Convention Center in Rosarito and plans are progressing to complete paving of all city streets, including outlying areas, Mayor Torres said.
Progress also is being made to bring more jobs to city by creating an industrial park and attracting environmentally sound manufacturing businesses, he said.

Friday, October 17, 2008

Largest Convention of Real Estate developers in Mexico underway.

Baja California Meeting Point 2008 To Offer Opportunities For U.S. Building Firms
-- International Leaders to Explore the Growing Mexican Real Estate Industry—The largest convention of real estate developers in Mexico is being held minutes away from San Diego at the Grand Hotel Tijuana from October 15 to 18. Out of an unfilled need for American entrepreneurship, business opportunities for U.S. firms in the Mexican real estate industry are growing steadily. The wave of 76 million Baby Boomers who will be retiring over the next ten years translate into a mass market for Baja California real estate developers catering to American retirees. Baja California Meeting Point, also known as “The Sea of Cortes and Baja Peninsula Tourism Investment Summit and Real Estate Expo,” is a business hub for real estate investors, developers, landowners, construction companies and the hospitality industry. The event is sponsored by the Mexican government, the state of Baja California, the Mexican Tourism Board, among other important leaders concentrating on this niche. "Meeting Point will bring together entrepreneurs, investors, developers, landowners and operators to network, share information, form new business partnerships and discuss how U.S. know-how and investment can be brought to Mexico," said Javier Godinez-Villegas, creator of Baja California Meeting Point. “It will bring every key player to the ballpark of the retiree phenomenom for the ‘World Series’of training and interaction.”The Mexican Association for Retirement Communities (AMAR) has joined the Baja California Meeting Point with the intention of creating the needed legislation for the establishment of the regulations that will allow the introduction of the Senior’s Housing and Care industry in Mexico. The BCMP has positioned itself in the past years as the most important meeting point for investors, developers, land owners, constructors, and support companies for the tourist industry of the Sea of Cortes and the Baja California Peninsula.While the second-home market has contracted on both sides of the border, Mexico still attracts buyers from both the United States and Canada interested in owning vacation and retirement homes in Mexico, according to Xiomara Ramos general coordinator of the Mexican Association for Retirement Communities. “Baja California is well positioned to offer extraordinarily high-quality, attractive resort homes to the millions of North Americans increasingly interested in a higher quality of life for a lower cost of living,” she added. “We’re talking about the millions of Americans who won’t need to commute to work anymore. They want the golf courses, ocean views and leisure amenities only Baja California offers just across the border.” Godinez-Villegas says the Baja California real estate market matured tremendously over the past ten years and that U.S. builders and developers would be impressed with the high quality of projects now under construction. “Spectacular oceanfront and recreational land is available in Baja and the owners of this land, as well as experienced builders, are interested in partnering with American developers and operators to capture a larger share of the growing retirement market niche, he said. “Some are looking for equity partners while others are interested in construction and design expertise while still others require the specialized services American homebuyers demand.” “I`m delighted to see this industry mature," said Paul O`Sullivan, managing partner of O’SullivanSimms Internacional, who developed a binational public health policy project implemented in five Mexican and four U.S. states and is promoting Baja California Meeting Point in the United States. "With demand for top-quality assisted living communities clearly outstripping supply in the United States, there are dynamic opportunities in international real estate development and resort health care services throughout Mexico that Americans are going to want to hear about." Baja California Meeting Point is committed to bridging America and Mexican business partnerships. This year marks BCMP’s fourth-annual summit to be held in Tijuana. BCMP maintains a strategic alliance with Aero Mexico, which will sponsor discounted air travel arrangements for this year’s attendees. In addition, BCMP offers business matchmaking, pre-arranged meetings, one-on-one sessions, presentation space, networking areas and “Baja Talk,” aimed at providing information on reaching target markets. Attendees will find out how to increase his or her firm’s market share by building partnerships for the future. For more information or to register, visit www.bajacaliforniameetingpoint.com.
Article from the Baja Times

New Tiger Woods golf course Punta Brava in Ensenada

Bill Dwyre October 8, 2008
los Angeles Times

Tiger Woods had a circular stick in his hand in Southern California again Tuesday and waggled it confidently as he stood over a golf course.It is not what you think. Tiger is not back, not quite yet.The knee injury that will be forever etched in our memory as the focal point of his courageous and dramatic playoff victory on that Monday in June at Torrey Pines is still healing. He said his timetable for returning to the PGA Tour is still uncertain. He had surgery shortly after the U.S. Open."I can walk, the knee is good, we are right on schedule," he said. "There is no pain, and the work is on strength and mobility."Well, no pain until the daily rehabilitation begins."Oh, man." He rolled his eyes as he spoke."There is lots of work, hours a day. Man."But it is the very nature of Eldrick Woods to be a tiger about staying busy, even while doctors are keeping him off the golf course. That's why he was here Tuesday. This was Tiger Woods, designer, rather than Tiger Woods, best golfer in the universe.In a fancy room at a swank hotel -- the room filled with investment, developer and public relations types all dressed elegantly and a scattering of the opposite (also known as the media) -- Woods announced details about his part-time job.He has designed a golf course on a spectacular piece of land along the Pacific Ocean, just south of Ensenada and about 70 miles south of San Diego. It is called Punta Brava (Wild Point), and is a $100-million project financed by entrepreneur and former NFL and NBA owner Red McCombs.McCombs, in attendance, said, "When this was brought to me, I wasn't especially turned on. Then, they told me there was a good chance that Tiger would be involved. I said, forget it. It's over. I'm in." Woods took a display pointer, stood next to an artist's rendering of a proposed Punta Brava, to be completed in about three years, and described something that sounded like it could eventually become the Pebble Beach of Mexico. Pebble Beach of California, of course, is public. Punta Brava will not be.Woods talked about the elevation on the seven-mile peninsula that dropped from a 1,200-foot mountain to 300-foot ledges for villas and homes that overlook a golf course near sea level. That course, Woods said, will have an ocean view from every tee, fairway and green."Now, if you go and hit it in the bushes or the junk," he said, "maybe not."He said that 12 of the tees or greens are right on the water, that tee shots on eight of the holes will necessitate hitting over water, and No. 18, a Pebble-Beach-like par five dog-legging left with the ocean on the left, may not be as difficult as it looks."Some of you will reach it in two," he said, looking away from the media people.After they had run a video, showing Tiger standing on top of the 1,200-foot mountain and looking out to the ocean, and had finished the description, it was hard not to dash to the sign-up line for a villa. One unconfirmed rumor had several AIG executives, now with more time on their hands than Tiger, set to buy. Designer Woods said he has purposely gone slowly in this aspect of his career."I told myself I would play on every continent before I started designing," he said. "I guess I have missed the Antarctica Four Ball, but otherwise, I've done it."I felt I owed that to myself and to the people who will play the courses to have as much experience as I can. I've talked to all the people who have done this. I've learned a lot, thought a lot about it, used the experiences I've had as a player."That's why Jack is so successful [at course design]. He was a cerebral player."Player Woods said the doctors won't let him start swinging the club until January."I can't rotate the knee until then," he said, adding that his ideal would be to play one or two events before the Masters in mid-April."You just can't tell, once you start back, about things like swelling and soreness," he said. "That can set you back."Once he gets back, there is little question that we will see more of the same fire and grit he used to fight his way down those Torrey Pines fairways that June Monday afternoon."I was supposed to go to Mexico on a site visit for this that day," he said, "But I was busy."Indeed. Rocco Mediate and millions more remember.Bill Dwyre can be reached at bill.dwyre@latimes.com. For previous columns, go to latimes.com/dwyre.

Published Saturday, October 11, 2008 12:56 PM by Marianne Mills Edit
Filed under: , , , [Edit Tags]