Who you transact with
Two distinct legal parties are involved in your purchase. Understanding the difference is the foundation of how this works.
José Ignacio Villegas Medina
Mexican national, individual person. Registered owner of the property at Lote 57, Zona Turística Norte, San Felipe, Baja California (RPPC Folio 198634, Mexicali). Signs the Hold Fee Agreement (L1) and the Promise of Sale with Arras (L2) directly.
Peninsula Services & Real Estate LLC
Florida limited liability company. Acts as commercial mandatary and soft-landing consultancy to coordinate the project. Not a real estate broker in Mexico, the United States, or Canada. Subcontracts licensed brokers in each jurisdiction when required. Signs the Service Agreement (L3) with you under Florida law.
What you sign
Three legal instruments, each with a specific purpose. All signed electronically through Zoho Sign with full legal validity under Mexican Commerce Code (Articles 89-114) and NOM-151-SCFI-2016.
Hold Fee Agreement
Reserves your lot for 30 days. $199 USD (promotional) + ~$6 processing fee. Signed between you and the property owner. Mexican law.
Promise of Sale with Arras
The actual purchase commitment under Mexican Federal Civil Code. Defines price, payment plan, delivery terms, rescission. You and the property owner. Mexican law.
Service Agreement
Peninsula's soft-landing services to you as a foreign buyer (KYC, document validation, advisor coordination). You and Peninsula. Florida law.
What protects your money
Mexican law provides direct protections that operate without the need for a third-party escrow custodian.
1. Arras confirmatorias — the legal "escrow"
Your down payment is legally classified as arras confirmatorias (confirmatory earnest money) under Articles 2310-2311 of the Mexican Federal Civil Code. This creates a symmetrical-but-asymmetric protection between the parties.
• If you, the buyer, withdraw without justified cause: you forfeit 100% of what you paid as earnest money.
• If the seller fails to perform without justified cause: the seller must return 150% — the original amount plus an additional 50% as penalty — as agreed in the contract.
The default Federal Civil Code rule is 200% return; the parties modulate this to 150%, which keeps strong consumer protection while balancing operational risk.
2. Electronic-only payments
All payments must be made electronically in USD: wire transfer, ACH, Stripe, or PayPal. No cash under any circumstances. Complies with Mexican anti-money-laundering law (LFPIORPI), U.S. Bank Secrecy Act / PATRIOT Act / FinCEN, and Canadian PCMLTFA / FINTRAC.
3. Bank trust (fideicomiso) for foreign buyers
San Felipe is in Mexico's restricted zone (within 50 km of the coast). Foreign buyers acquire through a fideicomiso — a Mexican bank trust authorized under permit from the Foreign Affairs Ministry (SRE). The bank holds legal title as fiduciary; you are the sole beneficiary with full rights to use, lease, sell, mortgage, and designate inheritors. Term: 50 years, renewable indefinitely.
Mexican authorities involved
Independent government bodies that oversee, validate, or register parts of your transaction.
- Notario Público — independent legal officer who validates the L2 registration and any fideicomiso constitution.
- PROFECO — Federal Consumer Protection Agency. Registers and oversees the adhesion contract format.
- SRE — Foreign Affairs Ministry. Issues the permit authorizing the bank trust (fideicomiso).
- RPPC Mexicali — Public Property Registry, where the property title is registered (Folio 198634).
- Mexican fiduciary bank (Banorte, BBVA, HSBC or Santander — your choice) — holds title on your behalf.
Your right to exit
Multiple legal paths to withdraw, depending on when you decide and which instrument you signed.
Hold Fee (L1) — within 5 business days
$199 fully refunded. The only non-recoverable item is the ~$6 payment processing fee paid to Stripe or PayPal, which is a third-party cost independent of the contract.
Hold Fee (L1) — after day 5
Non-refundable. However, Peninsula offers a paid assignment service: at your request, Peninsula seeks a substitute buyer for your reserved lot in exchange for a transparent service fee disclosed before you accept.
L2 signed — voluntary withdrawal after day 5
Standard arras rules apply: you forfeit 100% of what you paid as earnest money. This is the reciprocal side of the 150% protection that operates against the seller.
Seller default, force majeure, or material breach
Full path to recover all amounts paid, plus 150% under arras if the cause is attributable to the seller.
Assignment of your contractual position to a third party
Mexican civil law allows you to bring your own substitute buyer at any time, subject to the seller's reasonable approval. An administrative fee applies. This is a separate option from Peninsula's paid assignment service.
Conflict resolution
A clear, three-step process.
- Direct negotiation (30 days). Written notice between the parties.
- Mandatory mediation in Mérida, Yucatán (30 days). Before a recognized commercial mediation center. The mediation venue is exclusively Mérida for all contracts governed by Mexican law. The Service Agreement (L3) under Florida law uses Miami-Dade County, Florida.
- Judicial action. Competent courts of San Felipe or Mexicali, Baja California. This jurisdiction is set by Mexican law for real estate disputes and cannot be moved by agreement.
Frequently asked questions
Click each question to expand.
What happens if MAREA fails to deliver the lot as agreed in the contract?
Under Mexican civil law, your down payment is legally classified as arras confirmatorias (confirmatory earnest money). This is the legal mechanism that protects you — equivalent in function to a U.S. escrow, but operating directly between the parties without a third-party custodian.
• If you, the buyer, withdraw without justified cause: you forfeit 100% of what you paid as earnest money.
• If the seller fails to perform without justified cause: the seller must return 150% — the original amount plus an additional 50% as penalty — under the framework of Articles 2310-2311 of the Mexican Federal Civil Code.
This 100% / 150% structure is enforceable in Mexican civil courts and does not require a third-party custodian.
Legal basis: Mexican Federal Civil Code, Articles 2310-2311 on arras confirmatorias.
Do I have a reflection period after signing? Can I change my mind?
Yes. Mexican law gives you a non-waivable right to reconsider after signing.
How to exercise it: notify in writing — by email to [email protected] — within 5 business days from signature. Refund processed within 30 business days from the signing of the electronic refund agreement (Zoho Sign or equivalent), through the same payment channel or bank wire as agreed.
What the refund covers: 100% of amounts paid to MAREA or to the seller, sent in full from our side. However, bank transfer costs are not covered — wire fees, intermediary bank commissions, currency conversion fees, recipient bank fees, and any international transfer taxes applicable to you are not the responsibility of Peninsula, the seller, or any project stakeholder. These costs are deducted by the intermediary or receiving bank according to its rates. The original payment processing fees charged by Stripe, PayPal or your bank at the moment of payment (typically 2.9% + $0.30) are paid directly to the third-party processor and are not recoverable.
Legal basis: LFPC Article 56, applicable to adhesion contracts for real estate registered with PROFECO under Article 73 LFPC and NOM-247-SE-2021.
How much is the Hold Fee, and is it refundable?
The Hold Fee is $199 USD (promotional launch pricing), plus a payment processing fee of approximately $6 USD charged at checkout by the payment platform. It reserves your lot for 30 days and is fully credited toward your down payment if you proceed to L2.
The ~$6 USD processing fee is paid directly to the third-party payment processor (Stripe or PayPal). This fee is not recoverable by MAREA at refund — it remains with the processor regardless of whether you proceed or cancel.
After day 5, the Hold Fee is non-refundable. However:
- 100% credited to your down payment if you proceed to L2 (recommended).
- 100% refund of the Hold Fee if Peninsula or the property owner cancels.
- Assignment service: Peninsula can offer a paid service to find a substitute buyer for your reserved lot. A service fee applies, disclosed transparently before you accept.
How does the Owner Privilege Golf benefit work?
You don't need to wait years to enjoy what you're investing in. After four on-time payments — your down payment plus three consecutive monthly installments — you unlock three complimentary rounds of golf at Las Caras de México, courtesy of MAREA.
How to redeem: request tee times through your MAREA advisor at any point during the active life of your contract. No physical card — your advisor coordinates booking directly with the course.
Conditions: Subject to course availability. Non-transferable. One round per booking. Privilege automatically forfeited upon contract default or rescission.
What if I decide not to proceed after signing?
Your exit options depend on when you decide and which instrument you signed:
Within 5 business days of signing (any instrument): Full 100% refund. The Article 56 LFPC reflection period covers the L2 by Mexican law, and Peninsula voluntarily extends the same 5-day refund to the L1 Hold Fee.
After day 5, Hold Fee (L1): $199 non-refundable. You may continue to L2 or request Peninsula's paid assignment service.
After day 5, L2 signed (voluntary withdrawal): Standard arras — you forfeit 100% of earnest money. Reciprocal side of the 150% recovery if the seller defaults.
Seller default or material breach: Full recovery + 150% under arras if seller-caused.
Assignment to a third party (your own buyer): Mexican civil law allows it at any time, subject to seller's reasonable approval. Administrative fee applies. Separate from Peninsula's brokered assignment service.
How does the bank trust (fideicomiso) protect me as a foreign buyer?
San Felipe is in Mexico's restricted zone (within 50 km of coast). Foreign buyers acquire through a fideicomiso — a bank trust authorized under SRE permit.
The Mexican bank holds legal title as fiduciary. You are the sole beneficiary, with full rights to occupy, lease, sell, mortgage, designate inheritors, and renovate.
Setup: USD $1,000–$3,000 plus SRE permit ~USD $230 + MXN $21,650. Annual fee: USD $450–$555.
How long does a refund take, and who pays bank transfer costs?
When a refund is due to you (5-day Art. 56 LFPC reflection window, Hold Fee assignment service, seller default, or force majeure), this is the process:
- Timeframe: up to 30 business days from the signing of the electronic refund agreement (Zoho Sign or equivalent).
- Electronic signature required: we sign together an agreement identifying the amount, the reason, and your bank details for the wire.
- Full amount sent: we send the entire agreed amount, with no retention on our side.
- Bank transfer costs NOT covered: wire fees, intermediary bank commissions, currency conversion fees, recipient bank fees, and international transfer taxes are not the responsibility of Peninsula, the seller, or any project stakeholder. These are deducted by the banks involved according to their rates.
- Confirmation: we provide you a bank receipt and reference number once the wire is dispatched. Our obligation is fulfilled at the moment of dispatch, not at the moment of receipt by your bank.
This uniform refund policy applies to all proceeds from MAREA San Felipe and all Peninsula-administered projects.
What payment methods are accepted?
Electronic payments only, in U.S. dollars. No cash, no cryptocurrency.
Accepted: wire transfer, ACH, Stripe, PayPal Business.
Every payment creates an audit trail under your name, protecting you under:
- Mexico — LFPIORPI (Anti-Money Laundering Law)
- United States — Bank Secrecy Act, USA PATRIOT Act, FinCEN reporting
- Canada — PCMLTFA, FINTRAC reporting
Talk to a MAREA advisor.
Every situation is different. If you have questions about how the legal framework applies to your purchase, we are happy to walk through it with you.
[email protected]