Understanding adhesion contracts in Mexican real estate
In Mexico, off-plan real estate contracts are adhesion contracts: the developer drafts them and the buyer accepts without changes. The Federal Consumer Protection Law (LFPC) and Mexican Standard NOM-247-SE-2021 set mandatory minimums. Knowing them is your first defense.
What is an adhesion contract
A contract whose clauses are drafted unilaterally by the provider. Real estate adhesion contracts must be registered with PROFECO before being marketed to the public. An unregistered contract is void to the extent it harms the consumer.
Clauses NOM-247 makes mandatory
- Exact property description: area, boundaries, materials
- Total price, payment method, and schedule
- Committed delivery date and late-delivery consequences
- Quality warranties: structure 5 years, waterproofing 3 years, installations 1 year
- Refund mechanism if delivery fails
- Buyer right to withdraw within 5 business days of signing
Common abusive clauses
Asymmetric penalties
If the buyer is late, they lose 20%; if the developer is 12 months late, no penalty. This is void. Demand symmetric reciprocity or a developer late-fee per month of delay.
Unilateral project modification
Clauses like "the developer may modify finishes, materials, or layout at its discretion" violate the principle of clear information. Strike them or demand a binding annex with renders and technical specifications.
Forum and jurisdiction favoring the developer
PROFECO retains jurisdiction over consumer disputes. Clauses that waive this venue or shift disputes to another city are ineffective.
Your right of withdrawal
Under article 56 of the LFPC, you have five business days after signing to withdraw without penalty if the contract was signed outside the provider’s premises (for example, in a mall sales booth). Do it in writing and keep proof of receipt.
Before signing, verify
- The contract is registered with PROFECO (search the portal)
- There is an annex with architectural plans and quality memo
- NOM-247 warranties are explicitly included
- No unilateral modification clause
- Penalties are symmetric