What is Included When I Buy or Sell a Home in Mexico?
We get asked this question often by both buyers and sellers. What normally stays and what normally goes in the sale of a home. In real estate law, we refer to this as ”real property, fixtures, furniture and personal belongings”.
What is regarded as personal or real property determines the boundary between what belongs to a home in a purchase and what doesn’t. The law categorizes all property into three categories: real, fixtures and personal.
Real property includes things like land and structures that are immovable. You are entitled to the “real property” when you buy a home, not the personal things (unless you specifically negotiate for it).
Anything that can be physically moved is considered personal property, examples: jewelry, cars, plates, boots, and airplanes.
Things that are permanently or semi-permanently linked to the property are referred to as fixtures, examples: the cooling system, storage bodegas, wall-mounted light fixtures, built-in shelves, toilets, showerheads, and other similar devices that are “fixed” to the property.
You typically get the fixtures when buying. The fixtures are yours to keep when you buy the house because they are regarded as a part of it. However, some things, such as the refrigerator, microwave, chandeliers are in a grey area and should be confirmed in a contract if in question.
Finally, the furniture has nothing to do with “the property”, examples: televisions, tables, beds, sofas, and chairs. Almost always, furniture is regarded as personal property and is therefore excluded from the sale of a home. However, it is much more typical that homes are sold partially or fully furnished in Mexico
At Beachside, we ask our sellers to provide and exclusion list up front so that it’s clear from the beginning what stays and what goes. For total clarity this inclusion or exclusion list are also part of the contract of purchase and sale. Which translates into — more peace of mind for everybody!