A state legislator in Baja California Sur has introduced a bill that would create a new criminal offense called “real estate corruption,” carrying prison sentences of 10 to 20 years for public officials and private individuals involved in fraudulent property deals, illegal construction, and corrupt land-use approvals.
Deputy Venustiano Pérez Sánchez, a Morena party member, presented the initiative before the full session of the BCS state congress on May 26. The proposal would add Article 291 Bis to the state penal code, targeting a range of illegal practices tied to the booming real estate sector in areas like Los Cabos and La Paz.
What the Bill Would Criminalize
The proposed law covers fraudulent property sales, irregular construction, land seizures, document falsification, and the granting of unauthorized permits or land-use changes by government officials. Convicted individuals would face heavy fines and the permanent cancellation of their real estate licenses and professional registrations.
Pérez Sánchez told the congress that the bill responds to a growing wave of illegal activity in the state’s real estate industry. He cited fraudulent sales, unpermitted developments, and corruption involving urban development authorizations as direct threats to families’ property rights.
A Second Enforcement Track
Beyond the criminal penalties, the bill would also amend the state’s Administrative Liability Law for State and Municipal Officials (Ley de Responsabilidades Administrativas del Estado y Municipios). A new Article 64 Ter would classify real estate corruption as a serious administrative offense. That means government employees involved in corrupt approvals could face both criminal prosecution and administrative sanctions simultaneously.
This dual-track approach is notable. Criminal cases in Mexico can move slowly through the courts. An administrative liability finding could strip officials of their positions and bar them from public service while a criminal case proceeds.
Why It Matters in BCS
Baja California Sur has experienced rapid real estate development over the past decade, particularly in the Los Cabos corridor and the East Cape. Foreign buyers, many of them American and Canadian retirees, make up a significant share of the market. Cases of fraudulent titles, illegal ejido land sales, and unpermitted construction have been documented for years, but prosecutors have lacked a specific statute to pursue these offenses as a distinct crime category.
The bill must still be debated and voted on by the full BCS congress before it could take effect. No date has been set for committee review or a floor vote.
First reported by BCS Noticias.