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Is it safe to buy property in Tulum?

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Summary

Yes, if you buy the right thing and check it yourself. The risk in Tulum is the property, not the law: by August 2026, Quintana Roo had 123 developments on its official list of irregular projects, and Tulum had shut 18 in six months.

The type of property decides most of the risk. A finished condo with its own registered title is a very different purchase from an early presale, a jungle lot or a beach project with open permit questions.

The bank trust (fideicomiso) isn't the weak point. It runs for up to 50 years, can be renewed, and lets you live in, rent, sell and pass on the property. A trust can still hold a bad asset.

Presales are where buyers get hurt most. Ocean Tulum, sold since 2022 with about 272 units, got an official "don't buy" warning in August 2026 after a refund deal signed in June went unpaid.

Checking ownership is easier than people think. Quintana Roo's digital registry now holds more than one million properties, so the deed, folio, cadastral key and unit should all match before you pay.

Scams are a live problem, not an old story. In July 2026 the president said some Quintana Roo plots had been sold six or eight times, and an April 2026 review counted 29 Tulum projects on the state's irregular list.

Cheap land is cheap for a reason: ejido rights, possession claims or missing subdivision permits. Without a registered private title, there is no deal yet.

Environmental and beach rules can stop a project. Profepa got a judge to seize the Adamar building, the first 20 meters from the high-tide line are federal, and the 2,249-hectare Jaguar Park now covers much of the beach strip.

A legal condo can still be a bad buy. Local engineers said in September 2025 that about 60% of Tulum's urban zone has no sewer, and about 30,000 properties were behind on property tax in August 2026.

The market is less forgiving. Sales fell from 3,487 in 2023 to 1,711 in 2025, about 51%, after units under construction rose from 1,466 in 2017 to 13,266 in 2023.

Demand has softened too. Airport passengers fell 33.2% in the first half of 2026, and Aeroméxico and Volaris are pulling out.

Airbnb won't rescue an overpriced unit. AirDNA's average of $17,400 a year on a $250,000 condo is about 7% gross, and closer to 2.4% after management, HOA, the trust and a non-resident's 25% tax.

Crime has dropped: federal data showed no intentional homicide in Tulum for two months by mid-2026, though the 12-month rate was still 26 per 100,000 in September 2026.

Our take: start with a finished resale with its own title, check it on the SEDETUS registry, use your own lawyer, and skip any deal where the title, permit, road or condo regime is "coming soon".

The Latinvestor team

Who is the author of this content?

The Latinvestor

A team specialized in real estate investing in LATAM countries

We are a team of financial experts, legal professionals, developers, and local real estate specialists dedicated to helping people like you avoid mistakes when investing in real estate in a foreign place. If you’d like to learn more about us, you can check our presentation page.

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Where does the real risk sit in Tulum today?

In the specific property and developer, not in Mexico's rules for foreign buyers.

The biggest mistake is treating “Tulum property” as one market with one level of risk. A completed condo with a clean title, working utilities and an established condominium regime is a very different purchase from an early presale, a jungle parcel awaiting regularization or a coastal project with environmental questions.

The legal path is solid: the fideicomiso works, and Quintana Roo has modernized its property registry. But Tulum has produced enough late projects, irregular land and permit closures in 2026 that a developer's reputation or sales deck is never enough.

The market adds a second layer. Sales roughly halved after the boom, so even a legally clean condo can lose you money if you overpay or buy something with dozens of near-identical units for sale next door.

Can foreigners safely own property in Tulum?

Yes, foreigners can safely control residential property in Tulum through Mexico's long-established fideicomiso system.

Tulum sits inside Mexico's restricted coastal zone, where foreigners cannot directly hold residential land in their own name. Instead, a Mexican bank holds legal title as trustee while the foreign buyer becomes the beneficiary of the trust.

According to Mexico's Secretaría de Relaciones Exteriores, this structure can run for up to 50 years and can be renewed. The beneficiary can use the property, rent it, sell the beneficial rights and appoint substitute beneficiaries. The federal permit costs MXN 21,650 in 2026, and banks charge about $550 to $800 to open the trust and $550 to $700 a year to run it.

So the trust itself is not the thing to fear. The real danger appears when the underlying property has a title, permit or development problem. A bank trust can hold a bad asset just as easily as a good one.

Issue Foreign buyer in Tulum What it means
Direct residential ownership Restricted near the coast Foreigners generally use a fideicomiso
Trustee Mexican bank Bank holds legal title
Buyer Trust beneficiary Buyer controls the economic rights
Initial duration Up to 50 years Renewable structure
Rental Generally possible Property can produce income
Resale Beneficial rights can be transferred Foreign owner has a normal exit route
Main risk Underlying property Title and permits still need checking

Are Tulum presales still worth the risk in 2026?

Some are, but this is the part of the market where we would be most cautious right now.

A presale buyer takes several risks at once. The apartment may not exist yet, construction may depend on new sales, permits can still become an issue, and it can take years before you get a unit you can register in your name.

2026 shows this isn't theory. Ocean Tulum in La Veleta, sold since 2022 with about 272 apartments, was still partly bare concrete this year; a refund deal signed in June 2026 passed its deadline unpaid, and in August 2026 the state and the municipality told the public not to buy or sign anything there. In July 2026, more than 50 buyers in another development went public because units due in July 2024 were still unfinished.

Mexican consumer rules help. Profeco says presale developers must show the full construction project, proof of ownership, information on liens and the required licences and permits, and buyers should check that the contract is registered before signing. But one Menesse buyer who paid $97,000 was still stuck in court in 2026, years after his delivery date.

With so much finished stock for sale, an early presale needs a real advantage to justify that risk: a large discount on comparable resales and a payment plan that keeps 30% to 40% back until handover.

Presale issue Safer situation Higher-risk situation
Developer Several comparable projects already delivered Little or no completed track record
Construction Well advanced Empty site or early works
Land Ownership independently confirmed Title unclear or still being regularized
Permits Issued and verifiable “In process”
Payments Linked to milestones Large payment upfront
Contract Registered and independently reviewed Developer-drafted agreement only
Delivery Clear date and useful remedies Broad extension clauses
Future title Clearly documented path Vague explanation

Can you actually check whether a Tulum seller owns the property?

Yes, and today it is easier to verify Tulum property ownership than many buyers realize.

Quintana Roo's Registro Público de la Propiedad y del Comercio records ownership and registered encumbrances. The state also introduced a new digital real-estate system in 2025 that centralized more than one million properties and millions of historical records.

That gives buyers a much better starting point than a sales brochure, a cadastral screenshot or a copy of an old deed.

Before sending non-refundable money, have an independent lawyer compare the seller's identity with the public deed, registry folio, cadastral information, legal boundaries and the exact unit or parcel being sold, and get a recent certificate showing registered liens or confirming there are none.

A surprisingly large amount of property risk disappears once every element refers to exactly the same registered asset. If the seller can't make that easy, stop there.

Which Tulum projects have authorities flagged or shut in 2026?

Quite a few, and the list keeps growing. SEDETUS, the state urban development agency, had 123 developments on its registry of irregular projects in August 2026, up from 116 at the end of 2025. An April 2026 review found 29 of them in Tulum.

Closures are real, not just warnings. SEDETUS said in February 2026 it had shut 18 Tulum developments in six months for building without municipal, state or federal permits, many in the jungle, on ejido land or sold as lots on a plan. Mayab Tulum was flagged in July 2026, Ocean Tulum in August, and Yaax Taanil Kaah and Zonot Kaahah in early October for lacking urban permits. In July 2026, President Sheinbaum said some Quintana Roo plots had been sold six or eight times.

What to do: search the live SEDETUS registry right before each payment, not once at the start, and remember that a project missing from it may simply not have been inspected yet. Ask in writing for the state urban compliance certificate (constancia de congruencia urbanística), the municipal land-use and construction permits, proof of ownership, a lien certificate and the condo regime, and check who exactly receives your money. If a document is "in process", wait.

Is buying cheap land around Tulum risky?

Yes, cheap land around Tulum is usually riskier than an established condo.

The main trap is assuming that possession of land is the same as registered private ownership. Around Tulum, buyers run into ejido rights, possession claims, parcels still being regularized and land marketed before subdivision or title issues are settled.

That still matters today. Quintana Roo keeps running regularization programmes for settlements where ownership papers were incomplete, and the state government has warned about fraudulent land schemes around Tulum, including people offered plots in exchange for clearing land the seller had no right to sell. One of the two projects SEDETUS flagged in October 2026 sits on a parcel of the Jacinto Pat ejido.

Cheap land is not automatically a scam. Sometimes the discount is simply the price of unresolved legal work rather than a bargain.

We would want registered private title, legal access, confirmed land use, matching cadastral data and a clear right to build before comparing the price with anything else.

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Can a finished Tulum development still have permit problems?

Yes, a Tulum building can look finished and still have serious permit or environmental problems.

Tulum development can involve municipal construction approvals, land-use rules, condominium authorization and, in some locations, state or federal environmental requirements. One permit does not replace the others.

Adamar, in Tankah IV on Bahía de Solimán, shows how far it can go. Profepa reported that a judge authorized the seizure of the property after federal authorities alleged works had started without the required federal environmental authorization and continued despite earlier closure orders.

The lesson: check documents issued by the authorities rather than assume a project must be legal because it got built.

For a normal urban condo, the legal file should be fairly simple. The closer the property gets to jungle, cenotes, mangroves or the beach, the harder we would look at the environmental side.

What we check What it tells us Risk if unresolved
Registered title Who legally owns the property Very high
Certificate of liens Existing registered claims or mortgages Very high
Land-use authorization Whether the intended development is allowed High
Construction licence Whether construction was authorized High
Completion documents Whether completed works were properly closed out High
Condominium regime Whether the individual condo legally exists Very high
Environmental approvals Whether sensitive development was authorized Very high
Cadastral information Whether boundaries match the legal property High

Is environmental risk a bigger deal in Tulum than elsewhere?

Yes, environmental risk deserves unusually close attention in Tulum.

Much of the area sits on porous limestone with underground water systems, cenotes and connected aquifers. The coast also includes dunes, mangroves and other sensitive areas that bring federal rules into the deal. In August 2026, the monitoring group Centinelas del Agua said Tulum and Playa del Carmen had the most polluted groundwater of the 200-plus sites it follows in Quintana Roo.

Profepa has repeatedly stepped in on Quintana Roo projects built without environmental authorization or damaging protected ecosystems. Adamar shows how that can move from paperwork to an actual shutdown.

The practical risk varies a lot by property. A condo inside a developed urban block is usually easy to assess. A parcel next to a cenote, a jungle subdivision or a project near mangroves needs a much deeper review.

Is beachfront property in Tulum safe to buy?

It can be, but never without checking where the private land ends and Mexico's federal coastal zone begins.

The Zona Federal Marítimo Terrestre, usually called ZOFEMAT, generally covers the first 20 meters of land from the high-tide line. Private ownership behind that strip and any rights over the strip itself are separate legal questions.

That matters when a seller loosely says a property “includes the beach.” Mexican beaches are public, and commercial or exclusive use of the federal strip depends on a concession.

Profepa has inspected coastal properties across Quintana Roo for concession, environmental and federal-land issues.

For a beachfront purchase, check the private property's exact legal boundary and, separately, any ZOFEMAT concession on the site: who holds it, what it allows and whether it survives a sale. The higher the beachfront premium, the less patience you should have for vague answers.

Does the Jaguar Park make beach property in Tulum riskier?

Yes, for anything along the beach road. Much of Tulum's beach strip now sits inside a federal protected area, and 2026 showed how fast the rules there can change.

The Jaguar flora and fauna protection area, decreed in 2022, covers 2,249 hectares next to the 664-hectare Tulum National Park around the ruins. Since July 20, 2026, foreigners pay MXN 100 to get in. Residents and tourism workers marched in April and May 2026 against the fees and access rules, and on June 26, 2026, state prosecutors sealed two beach businesses inside the park, Cinco Tulum and Playa Las Palmas, which were still in state custody in September.

What to check: ask your lawyer or CONANP whether the parcel falls inside the protected-area polygon, what the management rules allow there (building, renovating, renting, commercial use), how guests and suppliers legally reach it, and whether any ZOFEMAT concession is current. If the seller can't show all of that, treat “next to the park” as a risk, not a selling point.

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Is a registered Tulum condo automatically safe?

No, a registered Tulum condo still needs a proper condominium structure and a clean building history.

This matters most with projects sold before the apartments legally exist. You can reserve “Unit 204” months or years before Unit 204 becomes a separate property that can get its own deed or fideicomiso.

For a finished property, the unit you're shown should match exactly what appears in the public deed and registry.

Then look at the condominium regime, which sets the private units, ownership shares and common areas. Tulum's municipal requirements for it include ownership, cadastral and land-use documents.

Then comes the part buyers often skip: the building's money. Check unpaid HOA balances, special assessments, reserve funds, developer-owned units, and whether the advertised parking, rooftop or amenities legally belong to the condominium. With occupancy down, some owners stop paying their HOA, and the others end up covering the gap.

A clean apartment title is excellent. It does not tell you whether the building is financially healthy.

Does Profeco protect buyers from bad Tulum developers?

Profeco gives Tulum buyers real protection, but it cannot turn a weak project into a safe purchase.

Mexico's consumer rules for residential property (NOM-247-SE-2021) require developers to disclose key information. For presales, Profeco says you should be shown the construction project, proof the seller owns the land, information about liens and the relevant licences and permits, and you should check that the contract is registered before signing.

That gives you a simple test. If a developer happily talks about returns, furniture packages and appreciation but hesitates when you ask for ownership documents, permits or the registered contract, slow down immediately.

Profeco is useful when something goes wrong. Ocean Tulum buyers filed Profeco complaints in 2026 and were still waiting for their money. Checking before the deposit stops you from entering the wrong deal at all.

Can infrastructure problems make a legal Tulum property a bad buy?

Yes, infrastructure can turn a perfectly legal Tulum property into a frustrating or expensive one.

Tulum grew faster than its pipes. Local engineers said in September 2025 that about 60% of the urban zone had no sewer, naming La Veleta and Avenida Kukulcán among the areas still waiting.

The building itself can solve some of that. Two developments a few blocks apart can work very differently depending on water storage, electrical equipment, wastewater systems and maintenance.

What to do: ask for a recent CAPA bill and check it includes a sewer (alcantarillado) charge. If not, ask what the building uses instead (a treatment plant, biodigester or septic tank), where it is and who empties it. Ask residents how the building copes with heavy rain, busy weeks and power cuts.

A recurring utility problem doesn't make a property legally unsafe. It can still raise costs and hurt rental reviews and resale.

Has Tulum's construction boom made buying riskier now?

Yes, Tulum is financially less forgiving today than it was at the peak of the boom.

El Economista reported in July 2026 that units under construction rose from 1,466 in 2017 to 13,266 in 2023, while annual home sales fell from 3,487 in 2023 to 1,711 in 2025. That's about a 51% drop in two years.

The two numbers measure different things, so don't turn them into one inventory ratio. Still, the scale is hard to ignore: Tulum built a huge investor pipeline and is now absorbing it much more slowly.

Asking prices haven't caught up with that yet. TuLugar puts the median condo asking price at about $213,000 in October 2026, or about $2,750 per m². Those are listing prices, and finished units often sell below them.

So before buying, ask how your unit will stand out from comparable units when you want to sell.

Market measure Earlier level Later level What changed
Units under construction 1,466 in 2017 13,266 in 2023 Roughly 9× more
Annual property sales 3,487 in 2023 1,711 in 2025 About 51% lower
Airport passengers First half of 2025 471,500 in first half of 2026 Down 33.2%
Resale environment Boom-era demand Much more selective today Buyers have more competition

Is Tulum's tourism slowdown a risk for buyers right now?

Yes, if your plan depends on rental income. Demand is weaker in 2026, and the airport that was meant to fill condos is losing passengers and airlines.

AFAC counted 471,500 passengers at Tulum's airport in the first half of 2026, down 33.2%, with international traffic down 40.8%. Aeroméxico suspended its Tulum flights on September 30, 2026, and Volaris stops flying there from January 7, 2027. Tulum hotels averaged 63.69% occupancy from January to July 2026, against 72.67% a year earlier.

Guests can still fly into Cancún and drive about two hours, so this isn't a collapse. But don't pay extra for a unit because “the airport will fill it”, and run your numbers on today's occupancy, not the boom years.

Can a Tulum Airbnb still make the numbers work?

A good one can, but average performance no longer supports boom-era prices.

AirDNA tracked about 3,608 active short-term rentals in Tulum in September 2026. The average listing earned about $17,400 over the 12 months to September 2026, with 46% occupancy and an average nightly rate around $125, down 23.6% in a year. Hosts are filling nights partly by charging less.

Take a $250,000 condo earning $17,400 gross. That's about 7% of the price. Take off 20% management ($3,480), a $250 monthly HOA ($3,000) and about $600 for the trust, and you're down to $10,320. A non-resident owner without a Mexican tax setup then owes 25% of the gross rent, about $4,350. What's left is about $5,970, or roughly 2.4%, before utilities, repairs, furnishing and vacancy surprises.

Rules add risk too. Every short-term rental needs state and municipal licences and RETUR-Q registration, and fines for unregistered rentals can go above MXN 100,000 (about $5,380).

A strong unit can beat the average: location, design, reviews and management make a big difference. Still, underwrite the exact property from nearby comparable rentals and run a weaker scenario. If the deal only works with premium rates and occupancy, the margin for error is too thin.

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Does crime make Tulum property unsafe?

Crime is a real risk in Tulum, but for most buyers it matters less than picking the wrong property or developer, and it has improved.

Tulum has dealt with organized crime, extortion of local businesses and serious violent incidents. The trend is better: federal data presented in July 2026 showed Quintana Roo homicides down 85% between September 2024 and June 2026, and Tulum with no intentional homicide for two months in a row. Over the 12 months to September 2026, Tulum's rate was still about 26 homicides per 100,000 people, so it isn't crime-free.

The exposure depends on what you do there. Owning an apartment with professional management is a different risk from running a construction site, a cash-heavy business or a nightlife venue.

For a normal buyer, focus on the immediate area, building access, security procedures and how guests and residents get in.

What are the biggest Tulum property red flags right now?

Deals where too many important things are still supposed to happen later.

“The title is coming,” “the permit is almost approved,” “the condo regime will be created,” “the road will be finished” and “delivery just moved a few months” each add uncertainty. When several show up in the same deal, you're financing a chain of promises.

Developer history helps separate normal construction risk from something worse. A company with several finished projects, verifiable land ownership, active construction and complete permits gives you much more than a new entity selling from renders.

Pressure is another warning sign. A serious seller can wait for an independent legal review.

Red flag What worries us What we would require
“Title in process” Property rights may not be settled Current registry evidence
Permit still pending Construction may be ahead of approvals Issued permit
Large immediate deposit Buyer takes excessive developer risk Protected payment structure
Guaranteed rental return Return may depend on weak guarantor Financial proof and conservative underwriting
No independent lawyer encouraged Conflict of interest Buyer's own counsel
Unclear future condo title Unit may not yet legally exist Condominium documentation
Environmental concerns dismissed Enforcement can stop works Applicable authorization
Urgent wire-transfer discount Pressure reduces verification time Full review before payment

Is buying a completed Tulum condo safer than buying presale?

Yes, a completed property is the safer choice for most buyers right now.

A finished unit gives you something a presale can't: evidence. You can inspect the construction, check that utilities work, see the road, review real HOA costs, talk to residents, check rental history and verify an existing individual title.

The market also gives resale buyers leverage. With sales down by about half since 2023 and lots of investor stock for sale, there's little reason to accept artificial urgency about future price rises.

Presales can still make sense when the developer has a strong delivery record, the key legal documents are already issued, construction is well advanced and the discount pays you for the remaining risk. If safety comes first, start with finished resales.

What should you verify before paying for a Tulum property?

Every major legal and physical claim, checked independently.

Start with ownership. Your lawyer should establish who owns the land or unit, check the registry history, review liens and confirm that cadastral data and boundaries match the asset being sold.

Then check land use, construction approvals, completion documents, condominium status, environmental authorization where relevant, and the project on the SEDETUS registry.

Ask for proof that property tax and water are paid. About 30,000 Tulum properties, close to half the tax roll, were behind on predial in August 2026, and you don't want to inherit the bill.

A presale needs more: the developer's legal entity, past projects, financing, real construction progress, the Profeco-registered contract, the payment schedule and your remedies if delivery fails. For a finished condo, focus on the individual title, the building's finances, HOA debt, assessments, utility systems, defects and rental history.

Beach property adds ZOFEMAT and, along the beach road, the Jaguar Park. Raw land adds access, subdivision and ejido questions. Only once all that is clear would we finalize the fideicomiso, the deed and the 4% acquisition tax (ISABI) at the notary.

So, is it safe to buy property in Tulum?

Yes, if you're selective, but the market is not forgiving.

Foreign ownership itself is well established: the fideicomiso works, Quintana Roo has a formal and now digital property registry, Profeco regulates home sales, and you can check most of the legal file before paying.

The risk sits at the property level. Tulum's fast growth produced presales, irregular land, environmentally sensitive projects and thousands of investor condos. In 2026 alone, authorities shut or flagged project after project, and buyers in Ocean Tulum and other developments are still waiting for units or refunds.

The money side needs more caution too. Sales have halved since 2023, airport traffic is falling and Airbnb rates are down, so a weak project won't be rescued by a rising market.

If safety is the priority: buy a finished property with its own registered title, use your own lawyer, check permits, the condo regime and the SEDETUS registry, look at the building's finances and infrastructure, and give jungle, presale and beach deals extra scrutiny.

A purchase that passes those tests can be perfectly reasonable. One that depends on unfinished paperwork, future permits and optimistic rental projections is easy to skip in today's Tulum.

Our methodology

This article looks at whether it's safe for a foreigner to buy property in Tulum in 2026, by separating the risks that can change the answer: ownership rules, title, presales and developers, land, permits and environment, the beach and the Jaguar Park, infrastructure, the market, rentals and crime.

Rules come from official sources first: the Foreign Affairs Ministry (SRE) for the fideicomiso and its 2026 permit fee, Quintana Roo's property registry, Profeco and NOM-247-SE-2021 for home sales, Tulum's condominium requirements, Profepa, CONANP and SEMARNAT for environmental and coastal matters, and the July 2026 decree for the Jaguar Park fee. Enforcement figures (the 123 irregular developments, 18 closures and named projects) come from SEDETUS as reported by Riviera Maya News, Por Esto, Quinta Fuerza and The Tulum Times in 2026.

Market figures come from El Economista (construction and sales), TuLugar (asking prices), AirDNA (short-term rentals, 12 months to September 2026), AFAC and state tourism data (airport and hotels), and federal and Enfemex data based on SESNSP for crime. Bank trust fees are 2026 estimates from a five-bank comparison. The rental example uses AirDNA only and applies the 25% tax on gross rent for non-residents.

We checked these figures in October 2026, using about 18.6 pesos per US dollar and 20.9 pesos per euro.

Limits: buyer accounts are allegations, not court rulings; the SEDETUS list only covers inspected projects; asking prices are not sale prices; and citywide rental averages are not a forecast for one unit. None of this replaces a review of the specific property by your own lawyer and notary.

Key sources used for this analysis include the SRE on restricted-zone fideicomisos, the SRE 2026 fee schedule, Homia's 2026 bank trust fee comparison, the Quintana Roo government on its digital property registry, the RPPC registry-history certificate, Profeco on real-estate consumer rights, NOM-247-SE-2021, Tulum's condominium-regime requirements, the SEDETUS registry of developments, Riviera Maya News on the 123 flagged developments, Por Esto on 18 Tulum closures, Por Esto on plots sold several times, Quinta Fuerza on the October 2026 warnings, The Tulum Times on the Ocean Tulum warning, The Tulum Times on Ocean Tulum refunds, Canal 10 on the July 2026 buyer complaint, Por Esto on the $97,000 Menesse case, Profepa on Adamar, CONANP on Tulum National Park, SEMARNAT on ZOFEMAT concessions, the July 2026 Jaguar Park fee decree, The Tulum Times on the Jaguar Park seizure, La Jornada Maya on Centinelas del Agua's 2026 monitoring, Riviera Maya News on Tulum's sewer gap, The Tulum Times on predial arrears, El Economista on Tulum construction and sales, TuLugar's Tulum market report, AFAC airport statistics, El Imparcial on airlines leaving Tulum, SITUR-Q hotel occupancy, AirDNA's Tulum data, Riviera Maya News on rental fines, income tax law article 158 (non-residents), UnoTV on the July 2026 federal homicide figures and Enfemex homicide data based on SESNSP.

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