Off-plan and during-construction sales are the norm on the Mexican coast. Consumer-protection law brings these pre-sales within PROFECO’s reach, governing how a developer may offer, contract, and take deposits.
A pre-sale is a promise about something that does not yet exist.
What the Contract Must Carry
Delivery dates and specifications, price and payment schedule, the treatment and protection of deposits, penalties for delay, and the precise conditions for delivery and titling all live in the pre-construction contract. Standard developer forms are written for the developer; they are a starting point for negotiation, not a done deal.
What Review Looks For
Before signing, the property’s title should be searched against a copy of the deed to confirm it is free and clear. If the unit is in condominium, the rules and by-laws must be obtained, approved, and incorporated into the agreement. Notice addresses should be set with care — a foreign buyer is usually better served using counsel’s address than a foreign one.
Electronic Signature and Records
Mexican law recognizes electronic and digital signatures, including under NOM-151, with the same effect as a handwritten one — provided the signed records are properly preserved and made available to the buyer. Convenience does not reduce the standard of proof.
Whether the promise is enforceable is decided before the deposit, not after.