Presales and pre-construction

Buying a unit or house before it's built (preventa), usually with staged payments to the developer.

Why it matters

You're financing the developer. If the project stalls, you may be an unsecured creditor.

Who helps

Your own attorney (not the developer's), and an escrow agent or a guarantee trust.

Rules

NOM-247-SE-2021 requires developers selling homes to consumers to use an adhesion contract registered with PROFECO, show the project and its permits, and give you a 5-business-day right to cancel after signing. Check the contract's registration at PROFECO – RPCA. PROFECO can mediate and sanction, but it can't create assets to refund you

Checklist

• Developer's title to the land and any construction loan on it (no-lien certificate).
  • Land use, building license and environmental authorization for this project.
  • Payments into escrow or a guarantee trust (fideicomiso de garantía) released by milestones, not directly to the developer.
  • Delivery date, delay penalties, refund terms, specifications and the final deed process (who pays closing costs, when the trust is created).
  • The developer's track record with finished projects.

Common mistakes

• Paying most of the price before the structure exists; contracts in English only that aren't registered with PROFECO.

Say it in Spanish

• ¿El contrato está registrado ante PROFECO y los pagos se depositan en un fideicomiso de garantía?
  Is the contract registered with PROFECO, and are the payments held in a guarantee trust?

Terms

• Fideicomiso / fiduciaria / fideicomisario (sustituto)
• Preventa

Sources

• PROFECO – RPCA (checked 2026-10)

Confirm the details for your case with your notario or attorney.

Common questions

All questions