As a buyer, seller, landlord, tenant, or real estate professional, you must be aware of the list of the law about the real estate market . to prevent to falling victim to a scam.
For this reason, it is essential to learn how works the NOM 247 in Mexico
Daniele Zemignani, an international broker with 32 years of experience and owner of real estate agencies in Mexico, the Dominican Republic, and Florida, traslated today the NOM 247 for you .
Keep reading!
Publication and Regulatory Context The Mexican Official Standard NOM-247-SE-2021, titled “Commercial Practices – Requirements for Commercial Information and Advertising of Residential Real Estate and Minimum Elements to be Included in Related Contracts,” was published in the Official Gazette of the Federation (DOF) on March 22, 2022.
This regulation establishes rules to ensure transparency and consumer protection in real estate transactions, regulating advertising and the information provided in sales contracts.
Objectives of NOM-247-SE-2021 The primary goal of this regulation is to protect home buyers by ensuring that advertising and contractual information are clear, truthful, and complete. Among the regulated aspects are:
- Obligations for real estate companies: they must provide precise and detailed information about properties, including size, location, characteristics, and sales conditions.
- Transparency in contracts: documents must include all essential elements to avoid abusive or misleading clauses.
- Regulation of real estate advertising: every advertisement must adhere to truthfulness criteria to prevent misleading potential buyers.
Approval Process The approval process of NOM-247-SE-2021 went through several stages:
- On May 20, 2021, during the eighth extraordinary session of the National Advisory Committee on Standardization of the Ministry of Economy (CCONNSE), the draft standard was approved.
- On June 11, 2021, the draft was published in the Official Gazette to allow public and industry stakeholders to submit comments.
- During the 60-day consultation period, comments from interested parties were collected and analyzed.
- On November 29, 2021, the National Commission for Regulatory Improvement issued its final opinion on the regulation.
- On September 24, 2021, CCONNSE approved the final version of the standard, which officially came into force with its publication on February 16, 2022.
Implications for the Real Estate Sector For real estate agents, developers, and industry professionals, NOM-247-SE-2021 represents a significant regulation that affects sales management and advertising. Compliance with the regulation is essential to avoid penalties and build greater trust among clients.
For buyers, this standard provides greater security in real estate transactions, reducing the risk of deceptive practices and increasing contract transparency.
Conclusion NOM-247-SE-2021 marks a significant step in regulating the Mexican real estate sector. With this regulation, the government aims to create a fairer and more transparent market, protecting both buyers and honest operators.
If you are a real estate professional, staying updated on these changes is essential to ensure full compliance with the new rules and provide a more reliable service to your clients.
Considering That it is the responsibility of the Federal Government to take the necessary measures to ensure that the marketing services provided by suppliers who are developers, builders, promoters, and other persons involved in the advisory and sale to the public of residential real estate in the national territory, as well as the contracts related to such services, comply with the informational requirements and other necessary elements to guarantee commercial information aspects for effective consumer protection. This, while ensuring equity and legal certainty within such commercial and contractual relationships, thereby preventing potential abuses to the detriment of consumers.
That Chapter VIII of the Federal Consumer Protection Law, regarding real estate transactions, establishes various requirements that suppliers must observe when they are developers, builders, promoters, and other persons involved in the advisory and sale to the public of residential housing, including those related to: (i) information that must be made available to the consumer, (ii) requirements for adhesion contracts, (iii) minimum elements of warranties, (iv) the right of consumers to compensation for serious defects or failures, and (v) obligations regarding deliveries.
That Article 73 of the Federal Consumer Protection Law states that contracts related to real estate transactions must be registered with the Federal Consumer Protection Agency (PROFECO). This is to ensure that such adhesion contracts do not involve disproportionate obligations, inequitable or abusive terms for consumers, or have a high probability of non-compliance.
That Article 7 of the Federal Consumer Protection Law establishes that every supplier is obligated to inform and respect the prices, rates, warranties, quantities, qualities, measurements, interests, charges, terms, restrictions, deadlines, dates, modalities, reservations, and other applicable conditions in the marketing of goods, products, or services, especially those that have been offered, agreed upon, or committed to the consumer for the delivery of the good or provision of the service, and under no circumstances shall these goods, products, or services be denied to any person, as well as the information about them.
That Article 32 of the Federal Consumer Protection Law states that information and advertising must be truthful, verifiable, clear, and free of dialogues, sounds, images, trademarks, designations of origin, and other descriptions that may induce or could induce error or confusion due to being misleading or abusive. Therefore, information related to real estate marketed in the national territory that is intended for residential use must comply with these characteristics.
That, without prejudice to the provisions of the Federal Consumer Protection Law, it is necessary to harmoniously regulate the different concepts established by said law and consider the provisions of other regulations regarding standardization, social housing, urban development, civil protection, and personal data protection, in the provision of marketing services for residential real estate within the national territory to protect the interests of consumers.
That Section XII of Article 40 of the Federal Law on Metrology and Standardization establishes as one of the purposes of Official Mexican Standards the determination of commercial information, quality, safety, and the requirements that must be met by the advertising of products and services to provide information to the consumer or user.
That Section XIII of Article 10 of the Quality Infrastructure Law considers the protection of the right to information as a legitimate objective of public interest.
In this sense, Official Mexican Standards constitute the appropriate instrument for the protection of consumer interests.
Preface
The development of this Official Mexican Standard is the responsibility of the National Advisory Committee on Standardization of the Ministry of Economy (CCONNSE). The working group was voluntarily composed of the following stakeholders:
- National Association of Supervision Companies A.C. (ANCSAC)
- Mexican Association of Real Estate Professionals A.C. (AMPI)
- CADU Real Estate, S.A. de C.V.
- National Chamber of the Housing Development and Promotion Industry (CANADEVI Nacional)
- Mexican Chamber of the Construction Industry (CMIC)
- National Chamber of the Housing Development and Promotion Industry (CANADEVI) (Nuevo León)
- Casas Javer, S.A. de C.V.
- College of Notaries of the Bravos Judicial District A.C.
- National College of Mexican Notaries A.C.
- Confederation of National Chambers of Commerce, Services, and Tourism (CONCANACO-SERVYTUR)
- Confederation of Industrial Chambers of the United Mexican States (CONCAMIN)
- Consorcio ARA S.A.B. de C.V.
- Derex Residential Development, S.A. de C.V.
- División Mar-Lo S.A. de C.V.
- Housing Fund for State Workers (FOVISSSTE)
- Grupo Sadasi S.A.P.I. de C.V.
- Hogares Unión, S.A. de C.V.
- National Workers’ Housing Fund Institute (INFONAVIT)
- National Organization for Standardization and Certification of Construction and Building S.C. (ONNCCE)
- Federal Consumer Protection Agency (PROFECO)
- General Directorate of Adhesion Contracts, Registrations, and Self-Financing
- General Directorate of Complaints and Conciliation
- General Directorate of Verification and Defense of Trust
- Safe House Program
- Ministry of Economy
- General Directorate of Standards
- Vinte Real Estate (Vinte Integral Homes, S.A.B. de C.V.)
- Notary Public 210, State of Sinaloa
- Notary Public 248, State of Sinaloa
- IT Lawyers S.C.
CONTENT INDEX
- Objective and scope of application
- Normative references
- Terms, definitions, and abbreviations
- General provisions
- Information and advertising
- Adhesion contract
- Warranties
- Additional services
- Notarization and Notaries Public
- Bonuses
- Social housing
- Conformity assessment procedure
Appendix B (Normative) List of documentary evidence to be submitted to the inspection unit - Surveillance
- Concordance with international standards
Appendix A (Normative) Content of the rights letter - Bibliography
1. Objective and Scope of Application
This Official Mexican Standard establishes the informational requirements for the marketing of residential real estate, as well as the minimum elements that must be included in the purchase-sale contracts of such real estate, and aims to guarantee the effective protection of the rights of consumers of these services.
It applies exclusively to suppliers who are developers, builders, promoters, and other persons involved in the advisory and sale to the public of residential real estate.
This Official Mexican Standard is of general observance and mandatory for all individuals or legal entities that, in accordance with the previous paragraph, are directly or indirectly engaged in the marketing of residential real estate to the general public in the Mexican Republic.
2. Normative References
The following documents in force or those that replace them are indispensable for the application of this Official Mexican Standard:
2.1 AGREEMENT issued by the Federal Consumer Protection Agency (PROFECO) establishing the Guidelines for the Analysis and Verification of Information and Advertising, published in the Official Gazette of the Federation on July 24, 2012.
3. Terms, Definitions, and Abbreviations
For the purposes of this Official Mexican Standard, the following terms, definitions, and abbreviations apply, whether in singular or plural:
3.1 Accessories: Goods that the supplier includes as part of the marketing, such as parking spaces, storage units, laundry cages, service rooms, the latter in case they are not part of the property, or any other type of goods that are not part of the property and whose exclusive use belongs to the consumer.
3.2 NOM: Official Mexican Standard.
3.3 Advance Payment: An amount of money that the consumer pays in advance to the supplier as part of a future purchase-sale of residential real estate.
3.4 Privacy Notice: A physical, electronic, or any other format document generated by the responsible party that is made available to the data subject, prior to the processing of their personal data, in accordance with Articles 3 and 15 of the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP), its Regulations (RLFPDPPP), and the Privacy Notice Guidelines.
[Source: numeral 15.13 Bibliography]
3.5 Sales Concessionaire: An individual or legal entity that, by virtue of a contractual relationship with the supplier, is authorized by the latter to autonomously carry out, with its own human and material resources, the promotion for the marketing of housing.
3.6 Builder: An individual or legal entity in charge of executing the work in accordance with the executive project authorized by the competent authority, who will also have the status of Supplier.
3.7 Consumer: A person who acquires residential real estate from a supplier who is a developer, builder, promoter, or person involved in the advisory and sale to the public of such real estate, in accordance with the provisions of Article 73 of the Federal Consumer Protection Law (LFPC).
[Source: numeral 15.8 Bibliography]
3.8 Adhesion Contract: A document unilaterally prepared by the supplier to establish in uniform formats the terms and conditions applicable to the marketing and acquisition of residential real estate, in accordance with Article 85 of the LFPC.
[Source: numeral 15.8 Bibliography]
3.9 Purchase-Sale Adhesion Contract: An agreement of wills entered into between the persons qualified as suppliers under Article 73 of the LFPC, who undertake to transfer the ownership of residential real estate, and the consumer, who undertakes to pay a certain price in money. It also includes everything stipulated regarding the adhesion contract.
[Source: numeral 15.8 Bibliography]
3.10 Land Purchase-Sale Adhesion Contract: An agreement of wills entered into between the persons qualified as suppliers under Article 73 of the LFPC, who undertake to transfer the ownership of land intended for residential use, and the consumer, who undertakes to pay a certain price in money. It also includes everything stipulated regarding the adhesion contract.
[Source: numeral 15.8 Bibliography]
3.11 Intermediation Adhesion Contract for the Acquisition of Residential Real Estate: An agreement of wills entered into between the persons qualified as suppliers under Article 73 of the LFPC, who act as promoters and other persons involved in the advisory and sale of residential real estate, and the consumer, who undertakes to pay a certain price in money for said service.
[Source: numeral 15.8 Bibliography]
3.12 Promise or Preparatory Purchase-Sale Adhesion Contract: An agreement of wills in which the parties contractually and in writing assume the obligation to enter into a future purchase-sale contract of real estate at a specific time and under certain conditions. Promise or preparatory purchase-sale contracts for real estate must contain the characteristic elements of the definitive purchase-sale adhesion contract.
3.13 Pre-Sale Adhesion Contract for Real Estate: A modality of real estate purchase-sale contracts, subject to a suspensive condition consisting of the supplier’s obligation to build a property and the consumer’s agreement to make an advance payment as consideration, generally at a preferential price or under conditions different from those corresponding to a built property. Sometimes, the modality of the promise of purchase-sale contract is used.
3.14 Personal Data: Any information concerning an identified or identifiable individual, in accordance with Article 3, Section V, of the LFPDPPP.
[Source: numeral 15.13 Bibliography]
3.15 Sensitive Personal Data: Personal data that affects the most intimate sphere of its owner, or whose improper use may give rise to discrimination or entail a serious risk for the owner. In particular, data that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical, and moral beliefs, union affiliation, political opinions, sexual preference, in accordance with Article 3, Section VI, of the LFPDPPP.
[Source: numeral 15.13 Bibliography]
3.16 Serious Defect or Failure: A defect or failure that affects the structure or installations of the property, compromising its full use or safety, or preventing the consumer from using, enjoying, or benefiting from it in accordance with its nature or intended use, in accordance with Article 73 QUINTUS of the LFPC.
[Source: numeral 15.8 Bibliography]
3.17 Down Payment: In the case of installment or credit purchase-sale contracts for real estate, it is the initial amount paid by the consumer to the supplier at the time of entering into the contract to secure the sale of the property, and which, together with the other stipulated installments or amortizations, forms part of the total price of the property.
3.18 Developer: An individual or legal entity that habitually or periodically engages in the segmentation of residential real estate, who will also have the status of supplier.
3.19 FOVISSSTE: Housing Fund for State Workers.
3.20 Warranty: An obligation assumed by the supplier or a third party to protect the consumer during a specified period or use, against possible deficiencies of the property, its structure, and finishes, in accordance with the specifications of the warranty itself.
3.21 Operating Expenses: Expenditures other than the sale price that the consumer must make, such as notarization fees, taxes, appraisals, administration, credit opening, and research expenses, if applicable, the costs for accessories or complements, which must be duly proven and supported to the consumer.
3.22 Real Estate: A good that cannot be moved from one place to another without altering its form or substance, intended for residential use, and which, for the purposes of this NOM, will refer interchangeably to homes and land.
3.23 INFONAVIT: National Workers’ Housing Fund Institute.
3.24 LFPC: Federal Consumer Protection Law.
[Source: numeral 15.8 Bibliography]
3.25 LFPDPPP: Federal Law on Protection of Personal Data Held by Private Parties.
[Source: numeral 15.13 Bibliography]
3.26 LGAHOTDU: General Law on Human Settlements, Territorial Planning, and Urban Development.
[Source: numeral 15.11 Bibliography]
3.27 LGPC: General Civil Protection Law.
[Source: numeral 15.12 Bibliography]
3.28 LFPPI: Federal Law on Protection of Industrial Property.
[Source: numeral 15.4 Bibliography]
3.29 Model: A physical or virtual representation, that is, by optical, electronic, or digital means, intended to show the general characteristics, distribution, and dimensions of the housing subject to the purchase-sale and, where applicable, the housing development in which it is located, in accordance with Article 34 of the RLFPC.
[Source: numeral 15.16 Bibliography]
3.30 Trademark: Any sign perceptible by the senses and susceptible of representation in a way that allows the clear and precise determination of the object of protection, which distinguishes products or services from others of the same species or class in the market, in accordance with Article 171 of the Federal Law on Protection of Industrial Property.
3.31 ONAVI: National Housing Organizations.
3.32 OREVI: State Housing Organizations.
3.33 PROFECO: Federal Consumer Protection Agency.
3.34 Internal Civil Protection Program: A planning and operation instrument, within the scope of a dependency, entity, institution, or organization of the public, private, or social sector; composed of the operational plan for the Internal Civil Protection Unit, the plan for the continuity of operations, and the contingency plan, and whose purpose is to mitigate previously identified risks and define preventive and response actions to be in a position to attend to the eventuality of an emergency or disaster, in accordance with Article 2, Section XLI of the LGPC.
[Source: numeral 15.12 Bibliography]
3.35 Promoter: An individual or legal entity, dependent on or authorized by the supplier or sales concessionaire, who
continua
3.36 Supplier: An individual or legal entity, in accordance with the Federal Civil Code and Article 2, Section II of the Federal Consumer Protection Law (LFPC), who habitually or periodically offers, distributes, or sells housing or land exclusively intended for residential use. In accordance with Article 73 of the LFPC, this individual or legal entity shall exclusively have such status when acting as a developer, builder, promoter, or person involved in the advisory and sale to the public of such housing.
[Source: numerals 15.2 and 15.8 Bibliography]
3.37 Executive Project: A set of plans, descriptive and calculation reports, norms, and specifications that contain the information and define the aspects for the construction of a project, in accordance with the corresponding regulations in the field of construction.
3.38 Public Registry of Adhesion Contracts: A registry through which the suppliers mentioned in Article 73 of the LFPC register the mandatory adhesion contract models, to ensure that these do not contain abusive, harmful, or inequitable clauses for the interests of consumers, protecting the commercial activity of society.
[Source: numeral 15.8 Bibliography]
3.39 Public Registry of Consumers (RPC) or Public Registry to Avoid Advertising (REPEP): A consumer protection mechanism provided for in Article 18 of the LFPC, consisting of a registry in which consumers can register telephone numbers where they do not wish to receive advertising, and to ensure that their information is not used for marketing or advertising purposes.
[Source: numeral 15.8 Bibliography]
3.40 Risk: In the field of civil protection and for the purposes of this NOM, it refers to probable damages or losses to a property, resulting from the interaction between its vulnerability and the presence of a recognized disturbing agent, as defined in Article 2 of the General Civil Protection Law (LGPC).
[Source: numeral 15.12 Bibliography]
3.41 RLFPC: Regulations of the Federal Consumer Protection Law.
[Source: numeral 15.16 Bibliography]
3.42 RLFPDPPP: Regulations of the Federal Law on Protection of Personal Data Held by Private Parties.
[Source: numeral 15.15 Bibliography]
3.43 Additional, Special, or Related Services: Those offered by the supplier, different from the basic service or not initially contracted, and for which the consumer must give prior and express consent, which must be in writing, in accordance with Article 53 of the RLFPC.
[Source: numeral 15.16 Bibliography]
3.44 Construction System: The set of elements, materials, techniques, and procedures that, grouped functionally, constitute the structure of a building.
3.45 Land: Lot(s) and plot(s) intended for residential use, according to the land use issued by the competent authority, without any construction, where consumers may build the constructions they desire without further restrictions than those of the development, subdivision, or condominium to which they belong and those established in the applicable regulations.
3.46 Housing: A construction intended for residential use for the purposes of this NOM.
3.47 Data Subject: The individual to whom the personal data pertains.
3.48 Notary Public Registry: A list of authorized notaries public made available to consumers on the websites of the credit-granting institutions.
4. General Provisions
4.1 Obligation to Have Complaint and Request Channels
The supplier must have free and accessible channels and mechanisms for consumer attention, such as telephone numbers, email addresses, web forms, or any other digital contact means, which must be available at least during business hours, where information will be provided, and comments, complaints, and suggestions will be received. This must be expressly informed to the consumer, as well as indicating the treatment of personal data that may be collected through these communication channels.
The supplier must also receive and attend to complaints, requests, or suggestions from consumers at any point of sale or customer service, without prejudice to the fact that these may also be presented at the headquarters of the supplier or its branches.
Likewise, the supplier must have and make public to consumers an address for receiving and hearing notifications, as well as indicating the hours of operation.
4.2 Obligations Regarding the Internet Portal
If the supplier has an internet portal, it must contain the following minimum updated, accessible, and visible information for the consumer:
i. Total prices in cash transactions and the characteristics of the different types of real estate marketed through a link;
ii. A legend indicating that in credit transactions, the total price will be determined based on the variable amounts of credit and notary fees that must be consulted with the promoters, in accordance with section 5.6.7 of this NOM;
iii. Physical and electronic address where a complaint or claim can be filed, and business hours;
iv. Model of the adhesion contract registered with PROFECO;
v. Payment methods and plans for the real estate;
vi. If the real estate is financed by the supplier, it must inform about the interest rate percentage, the total annual cost, the amount of commissions, as well as the insurances attached to the financing and their coverage, if any; and
vii. The Privacy Notice in accordance with the provisions of the LFPDPPP, its RLFPDPP, and the Privacy Notice Guidelines.
If the supplier does not have an electronic portal but has a physical office, it must make the information provided for in this section available to the consumer. This information may be presented physically or digitally, indicating expressly the provisions for access to it or, where appropriate, the address provided by the supplier for consultation.
4.3 Obligations Regarding Privacy and Personal Data Protection
The personal data obtained by the supplier regarding its data subjects must be treated in accordance with the principles of legality, consent, information, quality, purpose, loyalty, proportionality, and responsibility, in accordance with the LFPDPPP and the RLFPDPPP.
The supplier must inform the data subjects about the information it will collect and the purposes for which it will be used, through its Privacy Notice, which must be made available to them on the internet portal, electronic means where personal data is collected, as well as visibly in the physical office, if any, in accordance with the LFPDPPP and the RLFPDPPP.
The data subject must express their consent for the processing of their data, either in writing, verbally, electronically, or tacitly if they do not object when the Privacy Notice is made available to them. In the case of sensitive personal data, the supplier must obtain express and written consent from the data subject for its processing.
If personal data is obtained indirectly from the consumer, the data subjects must be informed, upon request, about how the transfer or obtaining of such data occurred, and the following rules must be observed:
a) If the data was processed for a purpose different from that consented to in a transfer, or if the data was obtained from a publicly accessible source, the privacy notice must be provided to the consumer at the first contact with them.
b) When the supplier intends to use the data for a purpose different from the one consented to, the privacy notice must be updated and provided to the data subject before using the personal data.
Databases containing sensitive personal data may not be created without justifying their creation for legitimate, specific purposes consistent with the explicit activities or objectives pursued by the regulated entity.
In accordance with the provisions of the LFPDPPP, the National Institute of Transparency, Access to Information, and Protection of Personal Data (INAI) may verify, within its powers, that every supplier that processes personal data establishes and maintains administrative, technical, and physical security measures that allow protecting the personal data of consumers against damage, loss, alteration, destruction, or unauthorized use, access, or processing.
The data subject or their legal representative may request the supplier at any time access, rectification, cancellation, or opposition regarding their personal data and sensitive personal data, in accordance with the procedure established in the LFPDPPP and the RLFPDPPP.
Likewise, it must be made known to the consumer that they may at any time require suppliers and companies that use consumer information for marketing or advertising purposes not to transfer or transmit their information to third parties, unless such transfer or transmission is determined by a judicial authority.
4.4 Obligations Regarding Advance Payments
The supplier must provide the consumer with a receipt for any advance payment made. It is important that the supplier informs the consumer prior to the advance payment about:
(i) that it will be credited towards the payment of the real estate,
(ii) the obligations and rights generated for the supplier and the consumer as a result of the advance payment,
(iii) the mechanisms, terms, and conditions for claiming the refund of the advance payment, including the deadline and possible penalties if the refund is requested outside the established period.
The refund of the advance payment must be made through the same means by which the payment was made, and in the same number and amount of the installments through which the consumer made the advance payment, or it may be made differently if the supplier offers it and the consumer accepts it at the time of the refund, and the deadline for the refund must be indicated.
The refund of the advance payment will be without any penalty as long as it is requested within the period agreed between the supplier and the consumer. In other cases, the refund of the advance payment will be subject to the penalties established by the supplier.
If the executive project of the real estate for which the advance payment was made needs to be modified during the construction, the supplier must notify the consumer about the modifications made, and the latter must expressly authorize in writing to continue with the purchase of the real estate or request the refund of the down payment and, where appropriate, the payment of compensation, damages, penalties, or possible bonuses that the consumer may claim in accordance with the provisions of Articles 7 and 92, Section II of the LFPC regarding said executive project.
If the purchase-sale of the real estate is finalized, the amount of the advance payment must be credited as part of the total price of the real estate.
4.5 Obligations Regarding Down Payments
In the case of installment purchase-sales, where the consumer makes a down payment at the time of entering into the contract, it must be stipulated that the amount paid forms part of the price of the real estate acquired, and the terms, conditions, and mechanisms for claiming its refund in case of contract termination due to causes attributable to the supplier must be informed. The above is without prejudice to the payment of compensation, damages, penalties, or possible bonuses that the consumer may claim in accordance with the applicable provisions for the aforementioned causes attributable to the supplier.
It will not be considered a cause attributable to the supplier, and therefore will not give rise to the payment of compensation, penalties, bonuses, or damages by the supplier in favor of the consumer, if the consumer is not approved for a mortgage loan, or if the loan does not cover the amount of the housing and the difference cannot be paid, and/or for any other cause beyond the supplier’s control that prevents the completion of the housing purchase.
If a down payment has been made and the contract is subsequently terminated, the refund claimed by the consumer regarding the payments to be made by the supplier will include the amounts paid as a down payment.
If the executive project of the real estate for which the down payment was made needs to be modified during the construction, the supplier must notify the consumer about the modifications made, and the latter must expressly authorize in writing to continue with the purchase of the real estate or request the refund of the down payment, and, where appropriate, the payment of compensation, damages, penalties, or possible bonuses that the consumer may claim in accordance with the applicable provisions.
4.6 Obligations Regarding Pre-Sales
During the pre-sale, the supplier must prominently display the sale price and the characteristics of the housing.
The supplier must have sufficient financial capacity to:
I) address future claims in cases of housing for which a pre-sale has already been made, or
II) the request for a bonus in the terms established in section 10 of this NOM.
The pre-sale must be carried out under the modality of a pre-sale adhesion contract for residential real estate, which must meet the elements of sections 6 and 6.2 of this NOM.
4.7 Non-Discrimination
When offering goods and services to the general public, suppliers are obliged to observe the provisions of Article 58 of the LFPC, regarding not establishing preferences or any discrimination towards service applicants, such as customer selection, conditioning of consumption, reservation of the right of admission, exclusion of persons with disabilities, and other similar practices, except for reasons that affect the security or tranquility of the establishment, its customers, or are based on express provisions of other legal regulations.
4.8 Obligation to Deliver a Rights Letter to Consumers
The supplier is obliged to deliver to consumers a rights letter in physical, printed, or electronic media, as specified in Appendix A, regarding the protection granted by the LFPC, its RLFPC, and this NOM when acquiring real estate in Mexican territory.
4.9 Obligation Regarding the Promotion of Real Estate
To ensure that the consumer makes a free and informed decision, in the promotion activities for the sale of real estate, the supplier must:
a) Provide the consumer with clear, real, and updated information;
b) Avoid the application of abusive or coercive commercial methods, behaviors, or practices.
4.10 Land
All the terms of this NOM will apply to suppliers who market land, except those referring to housing or the construction thereof.
Adhesion contracts for the purchase-sale of land will be registered with PROFECO, in accordance with Article 86 of the LFPC. Likewise, these adhesion contracts must comply with sections 6 and 6.3 of this NOM.
4.11 Prohibition of Refusal to Deal and Tied Sales
4.11.1 Prohibition of Refusal to Deal
The supplier may not refuse to sell to a consumer a real estate that is available, without prejudice to the subsequent review and compliance with the requirements that are part of the offer, and, where appropriate, the credit operation. The above, in accordance with Article 43 of the LFPC, in relation to Article 56, Section V of the Federal Economic Competition Law.
4.11.2 Prohibition of Tied Sales
The supplier may not condition the sale of the real estate, including the condition of contracting an additional service.
It is strictly prohibited to sell or transact a real estate conditioned on the purchase, acquisition, sale, or provision of another good or service, normally different or distinguishable, or on a reciprocal basis, in accordance with Article 56, Section III of the Federal Economic Competition Law.
4.12 Delivery of the Real Estate
The identity of the person to whom the real estate is delivered must be that of the consumer, their attorney-in-fact, or successor, and the supplier must verify by indisputable means to have full certainty about their identity or personality and avoid possible identity theft. In the case of delivery of the housing to an attorney-in-fact, they must prove it with a notarized power of attorney that authorizes them to do so; in the case of delivery to successors, they must prove it with the document that, in terms of civil legislation, is appropriate.
At the time of delivery of the housing, the promoter must inform the consumer about the conditions and documents, such as: warranty policy or policies indicating the procedure and data where they can be validated, delivery deed, accessories, and keys; where it is specified that the accessories of the housing are complete and in operation, in accordance with what was agreed in the signed contract.
5. Information and Advertising
The information and advertising of the supplier must be in Spanish, in understandable and legible terms, without prejudice to being in other languages, in case of differences in the text or wording, the Spanish language will prevail.
It is prohibited to include in the advertising or information any legend or information indicating that they have been endorsed, approved, recommended, or certified by professional societies or associations, when these lack the appropriate documentation that supports with scientific, objective, and reliable evidence the qualities or properties of the product or service, or any other requirement indicated in the applicable laws to accredit them. The above, in accordance with Article 32 of the LFPC.
The supplier must make available to the consumer the following information, about themselves and the real estate they market:
I. Commercial name and corporate name of the supplier;
II. Contact details including address, telephone, and/or email address;
III. Accreditation of the ownership of the real estate, or, where appropriate, the right or authority to market or alienate it, and the encumbrances it has, except those derived from the credit used by the supplier for the construction of the housing;
IV. Price of the real estate in cash transactions; in credit transactions, indicate that the total price will be determined based on the variable amounts of credit and notary fees that must be consulted with the promoters, in accordance with section 5.6.7 of this NOM;
V. Payment methods available for each private unit to be marketed, specifically indicating the private units that can be acquired with INFONAVIT, FOVISSSTE, bank, supplier’s own, public, private, or union credit;
VI. Licenses, permits, or authorizations of the real estate granted by the competent authorities;
VII. General specifications of the real estate that contain, at a minimum: location, boundaries, measurement data, service installations, finishes, and construction system;
VIII. Data of the means available to the consumer to file a complaint or claim, and the business hours of these means;
IX. Registration number with PROFECO of the contract with which the real estate is marketed;
X. Privacy Notice; and
XI. Any other information that may be useful to the consumer to exercise their rights and that is attributable to the supplier in the terms proposed in this NOM.
The above is without prejudice to the information that must be provided to consumers in accordance with the provisions of Article 73 BIS of the LFPC.
The information or advertising that the supplier disseminates through any means or form must be truthful, verifiable, clear, and free of texts, dialogues, sounds, images, trademarks, designations of origin, and other descriptions that induce or may induce error or confusion due to being misleading or abusive, in accordance with Article 32 of the LFPC and the provisions for the Verification Analysis of Information.
The lack of truthfulness in the information and advertising of the supplier regarding the promised conditions, suggestions, and characteristics of the real estate will result in the fulfillment of what was offered by the supplier. When this is not possible, the consumer may request the payment of a bonus or compensation when any of the assumptions provided for in terms of Article 92 TER of the LFPC are met.
In addition to the above, the supplier will be subject to the possible sanctions that may be applied in accordance with the LFPC when it is proven that they have committed an infraction in terms of the provisions thereof.
Prior to its dissemination, the supplier may voluntarily submit its advertising to PROFECO for review, so that it issues a non-binding opinion in accordance with Article 32 of the LFPC.
Consumers may directly require suppliers who use information and personal data about consumers for marketing or advertising purposes not to be bothered at their home, workplace, email address, or by any other means, to offer them goods, products, or services, and not to send them advertising.
The consumer may at any time require suppliers who use information and personal data about consumers that the information related to them is not transferred or transmitted to third parties.
5.1 Requirements of the Information Used by Suppliers
The information related to marketing services for residential real estate used by suppliers, including those made through trusts or other contractual figures to carry out the sale of real estate, must be truthful, verifiable, clear, and free of dialogues, images, and other descriptions that induce or may induce consumers to error or confusion regarding:
I. The characteristics, location, nature, and/or composition of the real estate;
II. The price of the real estate in cash transactions; in credit transactions, indicate that the total price will be determined based on the variable amounts of credit and notary fees that must be consulted with the promoters;
III. The terms and conditions of the advance payment, down payment, and in general the payment of the real estate;
IV. The conditions of the warranty and the ways to enforce it. The validity period, what the warranty includes, and how the consumer can enforce it;
V. The terms and conditions of delivery and notarization, which will be set out in the adhesion contract. Likewise, suppliers must inform the requirements for the repair of the real estate, in case of defects, failures, or hidden defects.
VI. The terms, duration, restrictions, and conditions to enforce offers or promotions regarding the marketed real estate.
Likewise, the supplier is obliged to inform and respect the prices, rates, warranties, quantities, qualities, measurements, interests, charges, terms, restrictions, deadlines, dates, modalities, reservations, and other applicable conditions in the marketing of real estate, especially those that have been offered, agreed upon, or committed to the consumer for the delivery of the real estate, and under no circumstances shall these real estate be denied to any person, as well as the information about them. The above, in accordance with Article 7 of the LFPC.
5.2 Requirements of the Advertising Used by the Supplier
The advertising used by the supplier, including those made through trusts to carry out the sale of real estate, must be truthful, verifiable, clear, and free of dialogues, images, and other descriptions that induce or may induce consumers to error or confusion, for which it must comply with the following:
I. Not present attributes or qualities of the offered real estate that do not correspond to its function or use;
II. Not use messages that suggest that the acquisition of the real estate gives the buyer superior personal characteristics or qualities compared to those who do not buy it;
III. Not use messages that suggest or present inaccurate information related to the acquisition of real estate, such as the terms and conditions of credits and requirements such as consultations in credit information societies;
IV. Not induce the belief that the real estate has materials, distribution, services, finishes, dimensions, or characteristics that it lacks and/or cannot prove;
V. Not induce the consumer to commit illegal acts or acts contrary to public order, or that attack the dignity or integrity of the human being, nor against the principles of equity, certainty, and good faith, in accordance with the applicable laws and international treaties to which Mexico is a party;
VI. Avoid using categorical or superlative terms that induce error or confusion in consumers regarding the performance, characteristics, or conditions of the advertised real estate. A categorical term will be understood as one that affirms or denies something absolutely. In case of using objective affirmations, or referring to studies, samples, and/or tests, such information must be verifiable. It is prohibited to include in the information or advertising any legend or information indicating that they have been endorsed, approved, recommended, or certified by professional societies or associations, when these lack the appropriate documentation that supports with scientific, objective, and reliable evidence the qualities or properties of the product or service, or any other requirement indicated in the applicable laws to accredit them;
VII. Not provoke discredit, denigration, or contempt, directly or indirectly, of a person or company, their real estate, activities, or circumstances, or their trademarks, trade names, or other distinctive signs through their content, or in the form of presentation or dissemination. The above, in accordance with Articles 1, Section VII, 16 of the LFPC, and 28 of the RLFPC, as well as the applicable regulatory provisions in the field of comparative advertising;
VIII. Not use phrases or legends aimed at obtaining an undue advantage from the reputation of a trademark, trade name, or other distinctive sign of a competitor, designations of origin, or geographical indications, specific denominations, or traditional specialties guaranteed that protect competing products. The above, in accordance with Article 1, Section VII of the LFPC; and
IX. The trademarks of INFONAVIT, FOVISSSTE, or other national organizations or public housing programs may be used, in accordance with the provisions of section 11.2.
The supplier must always include in its advertising its name, address, telephone, and email address. If the advertising contains offers or promotions, the rules established in Article 48 of the LFPC must be followed.
5.3 Requirements of the Executive Project, Model, and, Where Applicable, Sample Property
The supplier must make available to the consumer, physically or digitally, the executive construction project.
In the case of pre-sales, the supplier must display the complete executive construction project, as well as the corresponding model and, where applicable, the sample property. The model must be displayed from the promotion of the property until the supplier delivers it to the consumer, in accordance with Article 34 of the RLFPC.
Additionally, at the consumer’s request, the supplier must explain, through the personnel it deems appropriate, the executive construction project with clear and truthful information about:
a) Site plan (earthworks or topography plan);
b) Location and site plans;
c) Section, elevation, and facade plans;
d) Architectural detail plans;
e) Structural plans (foundation, columns, beams, and slabs);
f) Installation plans (plumbing, electrical, fire protection, mechanical, special, voice and data, etc.);
g) Finishing plans (floors, walls, ceilings, among others);
h) Urbanization plans (Master Plan: exterior areas: sidewalks, gardens, installations), and
i) Type of construction system and finishes with which the housing can be delivered.
In case the executive project has modifications, these must comply with the provisions of sections 4.4 or 4.5, as applicable.
The sample property must have the distribution of the housing spaces, indicate the finishes with which it is delivered, and, where applicable, the furniture and equipment it includes.
Where applicable, the supplier must ensure that the buyer can view all available housing prototypes of the development it markets.
5.4 Valid Documents to Accredit Property Ownership
The supplier, including individuals or legal entities that use trusts to carry out the sale of real estate, must inform the consumer about the legal status of the property and/or possession of the real estate, as well as the existence of any encumbrance, modality, or limitation of domain, tax debt, or unpaid services that may affect the alienation of said real estate, and make the following documents available to the consumer:
I. Public deed granted by a notary public duly registered in the Public Property Registry; in the case of real estate subject to the condominium regime, public deed where the constitution of this regime is recorded; or
II. In cases where applicable, through a private contract, once the signatures have been ratified before a notary or administrative authority and duly registered in the Public Property Registry.
The supplier must inform the consumer that at the time of notarization, the real estate will be free of any encumbrance.
5.5 Information that the Authorized Promoter Must Provide to Accredit Themselves
The promoter must have an identification card issued by the supplier, or by the sales concessionaire, containing their full name, logo of the concessionaire if applicable, logo of the supplier, position, validity of the identification, and a complaint telephone number.
The information and advertising provided by the promoter to the potential consumer will be understood to be authorized by the supplier, who must ensure its compliance and is bound by it.
What is offered by the promoter must be fulfilled to the consumer, by virtue of the administrative responsibility of the personnel hired or subcontracted by the supplier in accordance with Article 9 of the LFPC.
5.6 Information About the Real Estate
The sale price of the real estate must be offered in national currency, without prejudice to being expressed in foreign currency; if applicable, the exchange rate in force at the place and date of payment will apply, in accordance with the applicable legislation.
When the supplier is offering a real estate with some deficiency, used, or rebuilt, it must clearly and precisely warn the consumer, and it must be stated in the adhesion contract.
The supplier, including individuals or legal entities that use trusts to carry out the sale of real estate, is obliged to deliver the real estate in accordance with the terms and conditions offered or implied in the advertising or information displayed and/or delivered to the consumer, unless otherwise agreed or consented to in writing by the consumer.
The supplier must inform the consumer, in writing and prior to the signing of the contract in any of the modalities described in section 6 of this NOM, about the cases in which the consumer must cover fees, commissions, or additional expenses to the price of the real estate that are determined by third parties, necessary to receive the real estate under the offered and agreed terms and conditions, in accordance with Article 35 of the RLFPC, when these expenses are not expressly indicated in the applicable laws for the operation.
The supplier must inform the consumer about the materials used in the construction of the housing, the development or subdivision where it is located, as well as the construction systems used.
5.6.1 Services That Must Be Covered
The supplier must guarantee that the housing has the necessary installations and conditions for the provision of basic services of the housing it markets. For this, it must carry out the necessary governmental procedures and provide the installations offered in the housing it markets.
The installations and conditions of the basic services that the housing must have are: electricity; supply of potable water and disposal of wastewater; use of LP gas, natural gas, electricity, or any other fuel, system, or technology for cooking food and heating water; these must already be included in the sale price of the housing, and the consumer must not pay any additional cost for the aforementioned concepts, except when it comes to their contracting, connection, and corresponding consumption.
The supplier may substitute, offer, or complement the indicated installations, infrastructure, and conditions with the use of other technologies.
In the case that the supplier delivers the housing without the provision of the necessary installations and conditions for the contracting of these basic services, the consumer may not accept it or request a bonus or compensation for this reason in accordance with Article 92 TER of the LFPC.
5.6.2 Licenses, Permits, and Valid Authorizations
The supplier must have the licenses, permits, and authorizations that, according to local legislation, are required for the different urban actions, such as: land use, construction, buildings, subdivisions, subdivisions, mergers, relotifications, condominiums.
These documents must be made available to the consumer, in printed or digital form, indicating expressly the means of access to such information, or, where appropriate, the address provided by the developer for consultation.
5.6.3 Civil Protection
5.6.3.1 The supplier must make available to the consumer, in printed or digital form, the Internal Civil Protection Program, indicating expressly the means of access to such information, which the supplier, at the consumer’s request, must explain through the personnel it deems appropriate.
The above, with the purpose of informing the consumer, if applicable, about the possible risks to which the real estate is exposed, as well as the conditions to attend to the eventuality of an emergency or disaster.
5.6.3.2 In the case of used real estate that does not have a construction license, the supplier must make available to the consumer the structural conditions report issued in accordance with the applicable regulations.
5.6.4 Requirements of the Plans or Structural Conditions Report
The supplier must make available to the consumer the structural, architectural, and installation plans, or, failing that, a report of the structural conditions of the real estate, endorsed by the responsible expert or DRO and co-responsible, either physically or by any optical or electronic means.
Where applicable, expressly indicate the reasons for not having them, as well as the deadline for having such documentation.
5.6.5 Transparency and Truthfulness About the Characteristics of the Real Estate
The information provided or displayed by the supplier about the characteristics of the real estate must be truthful regarding the construction materials used, the distribution of the housing, the boundaries, finishes, service installations, and all data that may be useful to the consumer at the time of purchasing a housing.
Advertising may be carried out through any means that the supplier deems most convenient, however, it must ensure that in any means of communication the information about the characteristics of the real estate is truthful, clear, and real, and does not induce error or confusion, in accordance with section 5 of this NOM.
5.6.6 Finishes
The supplier must comply with the finishes that are in the information and advertising about the housing it markets. Likewise, it is obliged to comply with the finishes that are in the sample property or, where applicable, with those agreed with the consumer, which must be described in the respective contract.
The consumer may demand the finishes that have been communicated to them in the information or advertising of the supplier in accordance with section 5.2, subsection I of this NOM, regardless of whether they are not established in the formalized adhesion contract.
5.6.7 Requirements of the Information About Payment Options, Credits, and, Where Applicable, Renegotiations
The supplier is responsible for indicating the payment options it accepts from the consumer, it must also indicate whether it accepts credits and, where applicable, from which institutions, this obligation is for each private unit it intends to market.
5.6.8 Information When the Supplier Finances the Housing
5.6.8.1 In all credit purchase-sale operations of housing in which the credit grantor is the supplier itself, the consumer must be informed of the following, in accordance with the provisions of Article 66 of the LFPC:
a) Where applicable, the cash price of the real estate in question, as well as the amount and detail of any charge if any,
b) The number of payments to be made, their periodicity, the right to prepay the credit with the consequent reduction of interest, in which case it will be informed that no more charges may be made than those of renegotiation of the credit, if any.
c) The way to calculate the interest, including default interest, either according to a fixed or variable interest rate;
d) In case of discounts, bonuses, or any other reason why the credit and cash payments are different, such difference must be indicated to the consumer.
e) If a fixed rate is used, the consumer will also be informed of the amount of interest to be paid in each period. If a variable rate is used, the consumer will be informed about the rate adjustment rule, which may not depend on unilateral decisions of the supplier but on the variations recorded by a representative interest rate of the cost of credit to the consumer, which must be easily verifiable by the consumer;
f) Inform the consumer of the total amount to be paid for the real estate in question, which includes, where applicable, the number and amount of individual payments, the interest, commissions, and corresponding charges, including those set for prepayments or cancellation; providing them duly broken down the corresponding concepts;
g) In case the credit purchase-sale operation of housing in which the credit grantor is the supplier itself has been carried out, it must send the consumer at least a bimonthly statement, by the means chosen by the latter, containing the information related to charges, payments, interest, and commissions.
5.6.8.2 In accordance with the applicable legislation, in case it uses collection agencies, the supplier that is the credit grantor must comply, virtually or physically, with the following information obligations:
a) Inform about the scope and content of the general provisions regarding collection agencies issued by PROFECO.
b) Make available to the consumer sufficient identification data of the external agencies that represent the supplier that is the credit grantor, which will include third parties or representatives who carry out the collection of the credits they grant, as well as those who support in the operations of negotiation and restructuring of credits with their Clients or with those who for some reason are debtors before the supplier that is the credit grantor. Such information must be duly updated and contain at least the following data: name of the agency, address, telephones, and name of the partners thereof.
c) Make available to the consumer the status of the claims filed, allowing them to follow up on them.
5.6.8.3 Regarding the termination of the contract, in accordance with the provisions of Articles 70 and 71 of the LFPC, in all credit operations of housing to the consumer in which the credit grantor is the supplier itself, the consumer must be informed of the following:
a) That, in case of termination of the contract, the seller and buyer must mutually return the benefits they have made.
b) That the seller who has delivered the real estate will have the right to demand, for the use thereof, the payment of a rent or lease and, where applicable, compensation for the depreciation that the real estate has suffered.
c) That the buyer who has paid part of the price has the right to receive the interest computed according to the rate that, where applicable, has been applied to their payment.
d) That when more than a third of the price or the total number of agreed payments has been paid and the supplier demands the termination or fulfillment of the contract due to default, the consumer will have the right to opt for the termination in the terms of Article 70 of the LFPC or for the payment of the overdue debt plus the benefits that legally proceed.
e) That the payments made by the consumer, even if extemporaneous and accepted by the supplier, release the former from the obligations inherent to such payments.
5.6.9 Information About the Warranty
The warranty must clearly and precisely describe the obligations of the supplier and the consumer, its scope, validity, exclusion clauses, the mechanisms to enforce it, and the address to claim it. Likewise, it may not prescribe conditions or limitations that reduce the rights that legally correspond to the consumer. The above, in accordance with Articles 73 QUÁTER, 73 QUINTUS, 78, and 79 of the LFPC.
5.6.10 Information About the Urban Environment
Prior to contracting, as well as at the time of signing the corresponding contract, the supplier must inform the consumer about the urban equipment existing in the locality where it is located and the necessary transportation systems that allow the consumer to know the existing means of transportation to reach the real estate.
6. Adhesion Contract
The contracts used by suppliers, including individuals or legal entities that use trusts to carry out the sale of real estate, for the provision of real estate services, the purchase-sale of real estate, as well as any agreement between the supplier and the consumer regarding the marketing of the real estate, must be registered with PROFECO and be available for consultation by consumers, prior to the signing thereof.
Adhesion contracts related to residential real estate for their validity in the national territory must be written in Spanish, without prejudice to being expressed in other languages, in understandable terms with a minimum font size of 3 mm or 10 points and with a uniform font that allows the consumer to read it at a glance. In addition, they may not include disproportionate obligations for consumers, inequitable or abusive obligations, or any other clause or text that violates the provisions of the LFPC.
The supplier is obliged to comply with Chapter VIII of the LFPC, and this NOM, when suppliers market real estate, in any of the following schemes:
i. Adhesion contract of promise or preparatory purchase-sale of residential real estate;
ii. Adhesion contract of pre-sale in the purchase-sale of residential real estate;
iii. Adhesion contract of purchase-sale of residential real estate;
iv. Adhesion contract of purchase-sale of land; or
v. Adhesion contract of intermediation for the purchase-sale of residential real estate.
Adhesion contracts for the purchase-sale of residential real estate must be written in Spanish, without prejudice to being expressed in another language, in case of differences in the text or wording, the Spanish language will prevail. These contracts must contain at least the following:
I. Place and date of the contract;
II. Name, denomination, or corporate name, address, and federal taxpayer registry of the supplier;
III. Name, address, and, where applicable, federal taxpayer registry of the consumer;
IV. Indicate and make available to the consumer the documents that prove the ownership of the real estate to be marketed;
V. Indicate and make available to the consumer the documents that authorize the supplier to market the goods that are the subject of the corresponding contract;
VI. Price of the housing in national currency, indicating what corresponds to the amount delivered as an advance payment;
VII. In the case of operations in which the supplier finances the real estate, the indication of the type of credit in question, as well as a projection of the amount to be paid that includes, where applicable, the interest rate to be used, commissions, and charges, and the Total Annual Cost. In the case of a variable rate, the reference interest rate and the formula for calculating said rate must be specified. Where applicable, the mechanisms for modifying or renegotiating the payment options, the possible conditions under which it would be carried out, and the economic implications, both for the supplier and the consumer;
VIII. Description of the object of the contract, identification of the real estate, and, where applicable, description of its accessories;
IX. Amounts, payment methods, whether in cash, installments, or with credit, and amounts to be paid;
X. List of the rights and obligations, both of the supplier and the consumer;
XI. The conventional penalty that applies to both the supplier and the consumer for non-compliance with their obligations; which must be reciprocal and equivalent, without prejudice to the provisions of the applicable legal regulations;
XII. Terms of the warranty and the conditions and mechanisms to enforce it;
XIII. The procedure for canceling the adhesion contract and the implications that arise for the supplier and the consumer;
XIV. Conditions and delivery date of the real estate. The delay in the delivery date of the real estate agreed in the corresponding adhesion contract will result in the application of the conventional penalty or the claim for damages; the above, except for duly justified causes and not attributable to the supplier in which case the parties could agree on a new delivery date;
XV. The supplier must have the authorizations, licenses, or permits issued by the corresponding authorities for the construction, related to the technical specifications, safety, land use, the type of materials used in the construction; basic services it has, as well as all those it must have in accordance with the applicable legislation. In the case of used real estate that does not have such documentation, it must be expressly indicated in the contract the lack thereof;
XVI. State, in the declarations section, that the supplier has the structural, architectural, and installation plans or, failing that, a report of the structural conditions of the real estate. Where applicable, expressly indicate the reasons for not having them, as well as the deadline for having such documentation of the structural, architectural, and/or installation plans;
XVII. Information about the characteristics of the real estate, such as the extension of the land, built area, type of structure, installations, finishes, accessories, parking space or spaces, common use areas with other real estate, percentage of indivision where applicable, services it has, and general physical condition of the real estate;
XVIII. In the case of operations for the acquisition of real estate for housing, the terms under which its notarization will be granted must be indicated, as well as inform that in due course it must carry out notarization expenses, contributions (taxes and fees), appraisal, administration expenses, where applicable, credit opening, and research expenses, which are not part of the price of the real estate and that such costs will be paid directly to the service providers, that is, Notaries Public, Appraisers, and institutions that grant the credit, according to their rates or amounts established by them that determine the authority in charge of contributions; as well as the amount for adding accessories or complements that the consumer requests and that the supplier accepts to provide additionally to the mentioned price. Likewise, in the declarations of the contract it must be stated that at the time of the notarization that formalizes the purchase-sale contract of the real estate intended for housing, said real estate must be free of any encumbrance that affects the consumer’s ownership over it;
XIX. In case of the consumer’s death, the corresponding legal provisions will apply;
XX. Establish the form and means of communication that the parties to the contract will have;
XXI. Establish the consumer’s right to cancel the adhesion contract within 5 business days following its signing, without prejudice to the payments made, as well as the supplier’s obligation to return the amounts that the consumer has delivered, where applicable, deducting from them the amount of the duly proven operating expenses incurred by the supplier in that period, because the parties have so stipulated. Such refund must be made within a period of 5 to 15 business days following the date on which the supplier is notified in writing of such cancellation by the consumer;
XXII. Establish the competence of PROFECO in the administrative route over the interpretation or compliance of the contract;
XXIII. Date and registration number of the adhesion contract granted by the Attorney’s Office;
XXIV. Where applicable, terms of the quality insurance and mechanism to be able to exercise it;
XXV. Prescription periods of the civil actions derived from civil liability, hidden defects of the real estate, and in case of eviction, which will be applied in accordance with the applicable civil legislation;
XXVI. List of additional, special, or related services, which the consumer may optionally request through and by means of the purchase of the housing;
XXVII. Stipulation that informs consumers about the existence of the Public Registry of Consumers referred to in Article 18 of the LFPC, its purpose, and the mention that this registry is free, so that they determine if it is their wish or not to communicate to the Attorney’s Office their request for registration to said registry, and
XXVIII. Others that are required in accordance with the applicable legislation.
Adhesion contracts must be divided into chapters, sections, subsections, or any other method that facilitates their understanding and the identification of the terms and conditions of the contracting.
Any difference between the text of the adhesion contract registered with PROFECO and the one used to the detriment of consumers will be considered as not included, in accordance with Article 86 QUÁTER of the LFPC.
Due to their particularities, the adhesion contracts that suppliers register with PROFECO and use with consumers, in addition to the general conditions described in this section, must contain the following information:
- Prior to contracting, as well as at the time of signing the corresponding contract, the supplier must inform the consumer about the services with which the real estate has, the existing urban equipment in the locality where it is located, and the necessary transportation systems that allow the consumer to know the exact location of the real estate and the existing means of transportation to reach it.
- Once the contract is signed, the supplier must deliver an original with autograph signatures to the consumer, including the annexes that are part of it.
6.1 Adhesion Contracts of Promise of Purchase-Sale of Residential Real Estate
For their use, adhesion contracts of promise of purchase-sale of residential real estate must be registered with PROFECO.
For this, in addition to what is established in section 6 of this NOM and what is determined in Article 2243 and following of the Federal Civil Code regarding the promise contract, they must contain at least the following:
i. The statement that these only give rise to obligations to do,
ii. The date of signing of the definitive contract, and
iii. The procedure for signing the definitive contract and the consequences of its non-compliance.
6.2 Legal Acts Prior to the Formalization of the Purchase-Sale of Residential Real Estate
When the parties enter into legal acts, without denomination, different from those indicated in sections 6, 6.1, 6.3, and 6.4, for the purchase-sale of residential real estate, they must be registered with PROFECO.
For this, in addition to what is established in section 6 of this NOM, they must contain at least the following:
I. State, in the declarations section, that the supplier displayed the complete executive construction project, as well as the corresponding model and, where applicable, the sample property;
II. Indicate the existence and constitution of mortgage, fiduciary, or any other type of guarantee, as well as its instrumentation;
III. Information about the additional benefits offered by the supplier, such as discounts, special finishes, curtains, tiles, and integral kitchen, among others;
IV. Establish that the advance payment is a payment of a monetary amount that serves as a guarantee of compliance, which will form part of the agreed price.
6.3 Adhesion Contract of Pre-Sale of Residential Real Estate
In addition to what is established in section 6 of this NOM, the adhesion contract of pre-sale of residential real estate must contain the following:
I. The supplier must prove that it displayed to the consumer the complete executive construction project;
II. Include the architectural plans, description of the real estate, and, where applicable, the accessories and photos of areas according to the model;
III. Information about the additional benefits offered by the supplier in case the operation is finalized, such as discounts, special finishes, curtains, tiles, and integral kitchen, among others; and
IV. The consumer must be informed about the existence and constitution of mortgage, fiduciary, or any other type of guarantee, as well as its instrumentation when these are borne by the supplier.
6.4 Adhesion Contract of Purchase-Sale of Land
In addition to what is established in section 6 of this NOM, except for what refers to the construction of a housing, the adhesion contract of purchase-sale of land must contain the following:
I. Land use applicable to the land according to the current urban development plan, with its corresponding interpretation. For these purposes, a copy of the official valid document that proves the land use license of the land must be attached to the corresponding contract and will be an integral part of said contract;
II. Technical feasibility study, official or endorsed by some competent authority for the installation of basic services (supply of electricity, adequate installations for natural gas or LP, depending on what is offered, potable water, drainage and sewerage, and public lighting);
III. Indicate that the land intended to be marketed is not subject to any special regime, can be notarized immediately, and is not subject to ejidal or communal regime;
IV. Regulation of adaptations or construction applicable to the subdivision, condominium, or housing complex to which the property subject to the contract belongs. In case there is no such regulation, it must be indicated in the corresponding contract and in the public deed of purchase-sale that corresponds, and
V. Official restrictions applicable to the construction on the lands such as (i) environmental restrictions, (ii) boundaries with ecological zones, forest reserves, and federal reserves, and (iii) any other limitation decreed by the competent authorities and/or provided for in the applicable legislation.
The limitations of merit must be recorded in the public deed that contains the corresponding purchase-sale operation.
6.5 Adhesion Contract of Intermediation for the Acquisition of Residential Real Estate
For the acts where promoters and suppliers intervene in the advisory and sale of residential real estate, the adhesion contracts of intermediation for the acquisition of residential real estate must contain the elements already mentioned in section 6 of this NOM.
6.6 Clauses That Cannot Be Included in Adhesion Contracts and That Could Affect Their Validity
The adhesion contract requires that it does not contain clauses that:
I. Allow the unilateral modification of the terms and conditions of the contracting; except when it implies a reduction of the price or a benefit to the consumer;
II. Transfer the civil liability of the supplier to third parties that are not part of the contract;
III. Release the supplier from its civil liability, from the liability derived from the existence of hidden defects or in case of eviction;
IV. Provide for prescription terms shorter than the legal ones;
V. Require the fulfillment of certain formalities for the admissibility of the actions promoted against the supplier;
VI. Provide for additional charges to those originally agreed;
VII. Condition the sale of a housing to the acquisition of an additional service, except for the requirements established by the housing organizations, in the terms of 4.11.1 and 4.11.2;
VIII. Carry out abusive, unfair, or discriminatory practices by the supplier against the consumer; and
IX. Contravene the provisions of the LPC and other applicable regulations.
7. Warranties
7.1 General Provisions and Applicable Terms for Residential Real Estate Warranties
7.1.1 All residential real estate whose transaction falls within the scope of application of this NOM must be offered to the consumer with the corresponding warranty by the supplier.
7.1.2 The warranty offered by the supplier under the indicated terms may not be less than five years for structural issues and three years for waterproofing. For other elements, the minimum warranty must be one year. These terms are non-waivable.
7.1.3 All terms for the exercise of warranties must be counted from the actual delivery of the real estate to the consumer.
7.2 Repairs Derived from the Warranty
7.2.1 During the time the warranty is in effect, under the terms expressed in section 7.1, the supplier is obliged to carry out, at no cost to the consumer, any act aimed at repairing the defects or failures presented by the real estate subject to the contract.
7.2.2 The time that the repairs made to the real estate last, under the warranty, is not computable within the term of the same.
7.2.3 Once the real estate has been repaired as above, the warranty corresponding to the repairs made begins, as well as with respect to the parts or goods that have been replaced, independently of the warranty that operates and continues with respect to the rest of the real estate, under the terms provided in sections 7.1.1 and 7.1.2 of this NOM.
7.3 Persistence of Defects or Failures and Bonus Regarding Them
7.3.1 In case the consumer enforces the warranty established in accordance with the previous sections and, nevertheless, the defects or failures attributable to the supplier persist in the real estate, the latter is obliged once again to carry out all the necessary repairs to correct them immediately.
7.3.2 Likewise, the supplier must grant the consumer, in case of the persistence of defects or failures, a bonus attending to the following:
7.3.2.1 In case of serious defects or failures of the real estate, the supplier must carry out a bonus of twenty percent of the amount indicated in the contract as the price of the real estate; understanding as serious defects or failures those that affect the structure or the installations of the real estate compromising the full use or safety of the same, or preventing the consumer from using, enjoying, and benefiting from it in accordance with its nature or destination.
7.3.2.2 In the case of minor defects or failures of the real estate, the supplier must carry out a bonus of five percent on the value of the repair; understanding as minor defects or failures all those that are not serious in accordance with the provisions of section 7.3.2.1 above.
7.4 Serious Defects or Failures of Impossible Repair
7.4.1 In case the serious defects or failures are determined by the supplier as impossible to repair, the latter may opt, from the moment it is required to comply with the warranty, to substitute the real estate, assuming the expenses related to such substitution, without there being room for the bonus provided for in section 7.3.2 of this NOM.
7.4.2 In case the supplier decides not to opt for the substitution of the real estate, under the terms of section 7.4.1 above and, in compliance with the warranty, decides to repair the serious defects or failures and does not do so, it will be subject to the bonus provided for in section 7.3.2 of this NOM and to the following:
7.4.2.1 For the assumption that, even after the exercise of the warranty and bonus mentioned above, the supplier that has not opted for the substitution of the real estate, has not corrected the serious defects or failures, the consumer may opt for any of the two actions indicated below:
I. Request the substitution of the real estate, in which case the supplier will assume all the expenses related to it; or
II. Request the termination of the contract, in which case the supplier will have the obligation to return the amount paid, as well as the corresponding interest, in accordance with the provisions of the second paragraph of Article 91 of the LFPC.
7.5 Co-adjuvant Mechanisms to Face the Warranties
7.5.1 Without prejudice to the obligations established in sections 7.1, 7.2, 7.3, and 7.4, and their respective subsections of this NOM, the supplier may contract or have co-adjuvant mechanisms to face such obligations, without it being understood that it ceases to be responsible for them before the consumer, which may consist of the contracting of insurances, bonds, guarantees, or other means of reparation that allow it to satisfy the claim of the affected consumer under the terms of this chapter of the NOM.
7.5.2 In such cases, the supplier must inform the consumer about such mechanisms with which it counts to face its obligations derived from the warranties that must be made enforceable, must provide the consumer with the necessary documents to access such mechanisms, and the way in which they will co-adjuvant to comply with the supplier’s obligation to satisfy the claim of the affected consumer under the terms of this chapter of NOM, as well as the procedure for such effect.
8. Additional Services
The additional services that the supplier offers to the consumer must be subject to the provisions of Articles 10, 86 BIS, and 86 TER of the LFPC.
8.1 The adhesion contract of the purchase-sale of housing must include in writing the additional, special, or related services offered by the supplier that the consumer may optionally acquire through and by means of the acquisition of the housing.
The supplier may only provide an additional, special, or related service not foreseen in the original contract if it has the express consent of the consumer, and that it is in writing.
The expenditures different from the sale price must be expressly accepted by the consumer as indicated in the previous paragraph, and, then, after the consent, their payment may be made effective.
The consumer at any time may request to terminate the provision of additional, special, or related services to the housing at the moment it expresses it expressly in writing to the supplier, without this implying that the suspension or termination of the terms and conditions established in the main adhesion contract proceeds. The consumer to make use of this prerogative must be up to date in the fulfillment of all its contractual obligations and only the minimum term agreed has expired.
The consumer may use the prerogatives established in this section regardless of whether they have been expressly included in the clause of the formalized adhesion contract.
9. Notarization and Notaries Public
9.1 Regarding the Notarization of Real Estate
In the notarization of real estate, the consumer at all times will have the right to choose and decide the notary public, with the following exceptions:
For the case of operations with mortgage credit, the consumer may choose, at the proposal of the supplier, the notary public as long as it is registered in the notary public registry of the national housing organizations and corresponding credit institutions.
In the case of operations without mortgage credit, any of the parties may propose the notary, respecting in any case the freedom of choice of the consumer to designate it.
The supplier must provide the necessary documents and information for the notarization of the real estate in favor of the consumer.
The supplier will guarantee transparency and truthfulness about the conditions under which the notarization process will be carried out, the information related to the selection of the notary public who will carry out the management, as well as the expenditures different from the sale price.
9.2 Regarding the Activities of Notaries Public
The notaries public before whom the public instruments related to residential real estate are granted must review the documents they have at their disposal, regarding the real estate and the parties involved, and will be in charge of the compliance with the provisions that correspond in accordance with the legislation that governs their actions in each federal entity, as well as those indicated in the applicable federal, state, or municipal legislation.
In any case, the notaries public must act impartially, prudently, and providing the advice that corresponds to each of the parties that appear before them. In any operation that is going to be formalized, the signing parties of the deed have the right to include as an antecedent of it, the advertising evidence regarding the offer of the real estate.
The notaries public must inform and explain in a timely manner to the consumer the integration of the costs that the corresponding notarization entails, the steps that must be taken and, once the instrument is granted, carry out on behalf of the parties the declaration and payment of the contributions that correspond, as well as the presentation of the testimonies to the Public Registry of Property and carry out the delivery to the parties of the same, once registered.
10. Bonus
In case the consumer has enforced the warranty established in Article 73 QUÁTER of the LFPC and, nevertheless, the defects or failures attributable to the supplier persist, the latter will be obliged to grant the consumer the bonuses referred to in Article 73 QUINTUS of the same regulation, in accordance with the following:
a. Five percent on the value of the repair for the case of minor defects or failures, understanding as such those that are not serious, in accordance with the assumption provided for in section 7.3.2.2 of this NOM.
b. Twenty percent of the amount indicated in the contract as the price of the property, for the case of serious defects or failures, understanding as such those that affect the structure or the installations of the real estate and compromise the full use or safety of the real estate, or prevent the consumer from using, enjoying, and benefiting from it in accordance with the nature or destination of it in accordance with the assumption provided for in section 7.3.2.1 of this NOM.
If there are serious failures in the real estate determined by the supplier as impossible to repair, the supplier may substitute the real estate from the moment the consumer requires it to comply with the warranty, and will assume all the expenses related to it. In this assumption, there will be no room for the bonus in accordance with the assumption provided for in section 7.4.1 of this NOM. If the supplier decides to carry out the repairs and nevertheless does not carry them out, it will be subject to bonus the consumer twenty percent of the price paid, and the latter may in turn opt to request the substitution of the real estate or the termination of the contract in accordance with the assumption provided for in section 7.4.2.1 sections I and II of this NOM.
For the cases not foreseen in Article 73 Quintus of the LFPC, the general rules of the bonus contained in Article 92 BIS of the same regulation will apply.
Likewise, the lack of truthfulness in the promised conditions, will result in the fulfillment of what was offered or, when this is not possible, in the replacement of the necessary expenses that prove to have been made by the acquirer and, where appropriate, in the payment of the bonus or compensation referred to in Article 92 TER of the LFPC.
For the purposes of determining if the failure or defect affects the structure or the installations of the real estate compromising the full use or safety of the same, or prevents the consumer from using, enjoying, or benefiting from it in accordance with its nature or destination, the report issued by an expert in the matter must be attended to; for which the consumer must allow in any case, the corresponding access to the real estate, both for the purposes of the repairs foreseen in chapter 7 of this NOM, as for the purposes of the realization of the corresponding expert report.
The designation of expert must attend to what is established in Article 107 of the LFPC, for which the supplier and consumer may designate their respective experts. In case of discrepancy in the expert reports, PROFECO will designate a third expert in discord. The expenses of such expert reports will be borne by the party that has requested them and, in the case of a third in discord, its fees will be covered by both parties. Likewise, such fees will be restituted, in accordance with the provisions of the applicable civil procedural legislation.
11. Social Housing
11.1 Additional Provisions Applicable to Housing Through Credits Granted by ONAVIS
The ONAVIS must publish in the Official Gazette of the Federation their rules for the granting of credits, annually or every time there is a modification to them, in which at least the following items are established:
I. Characteristics of the housing, according to what is specified in said rules;
II. Types of credits and their requirements;
III. General conditions of the contracting;
IV. Amounts of the credits;
V. Information about the pre-qualification of the credits;
Additionally, the ONAVIS will make available to the consumer the corresponding credit simulator or simulators.
11.2 Information About Credits Granted by the ONAVIS and OREVIS
The supplier may only use the images and trademarks of the ONAVIS, for the marketing of their housing, as long as it has the express authorization of said institutions, or that general rules are issued in this regard, in order to avoid confusing or inducing error to the consumer.
The use of the trademarks and images of the ONAVIS, does not imply that they endorse the development itself.
It is not considered non-compliance when the authorized allusion to the ONAVIS is made, specifying that it is possible to access the financing or credit scheme of the same.
For the credits issued by INFONAVIT, FOVISSSTE, or some other public organization, it is important that the supplier displays and/or provides consumers with true and truthful information, regarding that the worker may process their credit directly in said institutions through the means available for it; or that the consumer may request the supplier to carry out said procedure free of charge. By virtue of the above, the supplier must provide the data of the offices and electronic addresses of the institutional web pages or through advisors certified by the institutions.
The supplier may provide help or advice to the consumer for the obtaining of an INFONAVIT, FOVISSSTE, or some other public organization credit free of charge and optional for the consumer. For these effects, the supplier must ensure that its sales advisors or agents are duly trained to provide said service in accordance with the rules issued by the aforementioned institutions.
The INFONAVIT, FOVISSSTE, or some other public organization that grants credits for social housing real estate must publicly disclose in the available means of communication, the consultation mechanisms and the methodology of the pre-qualification to their beneficiaries in a permanent manner.
In case the credits granted by INFONAVIT, FOVISSSTE, or some other public organization, have a quality insurance or analogous, whose premium must be covered by the consumer, in the adhesion contract reference must be made to said quality insurance.
Additionally, the aforementioned institutions will ensure to inform and deliver a policy to the consumer with the coverages of the insurance and the mechanisms to make it valid, informing them also which are the notices that must be presented to make them effective and the temporality they have for it.
12. Conformity Assessment Procedure
12.1 Objective and Scope of Application
This Conformity Assessment Procedure (PEC) aims to define the guidelines that must be observed by the accredited and approved inspection units in accordance with the applicable legislation to obtain a compliance opinion with NOM-247-SE-2021, Commercial Practices—Requirements for Commercial Information and Advertising of Residential Real Estate and Minimum Elements to be Included in Related Contracts, as well as by the applicants for such conformity assessment services.
For such purposes, this PEC includes:
I. The description of the requirements and data that must be met by the obligated or responsible subjects;
II. The Conformity Assessment Scheme, including the way in which its results will be documented;
III. The applicable phases or stages including their duration;
IV. The technical and administrative considerations;
V. The prevention and response period of the Conformity Assessment result, as well as its validity;
VI. The formats related to the Conformity Assessment that must be applied; and
VII. The mention of whether the demonstration of compliance is mandatory or voluntary and who can carry out the conformity assessment.
Likewise, this procedure contemplates the use of information technologies to verify compliance with the NOM.
12.2 Normative References
The following documents referred to or those that replace them are indispensable for the application of this Conformity Assessment Procedure:
12.2.1 NMX-EC-17020-IMNC-2014, Conformity Assessment—Requirements for the Operation of Different Types of Units (Organisms) that Carry Out Verification (Inspection) (cancels NMX-EC-17020-IMNC-2000), published in the Official Gazette of the Federation on June 6, 2014.
12.3 Terms, Definitions, and Abbreviations
For the purposes of this Conformity Assessment Procedure, the following terms, definitions, and abbreviations are established:
12.3.1 Approval: The act by which the General Directorate of Standards of the Ministry of Economy authorizes accredited persons to assess conformity with this NOM.
12.3.2 Compliance Opinion: A document issued by the Inspection Unit (UI) that demonstrates compliance with this NOM.
12.3.3 Law: Applicable and current legislation on quality infrastructure.
12.3.4 NOM: Official Mexican Standard.
12.3.5 Inspection Unit (UI): A legal entity accredited and approved in accordance with the provisions of the applicable Legislation and its Regulations, whose purpose is to perform functions to issue compliance opinions with the provisions of this PEC.
12.3.6 PEC: Conformity Assessment Procedure.
12.3.7 Ministry: Ministry of Economy.
12.3.8 Inspection: Verification or visual verification through document review that is carried out to assess compliance with the provisions of this NOM and this PEC.
12.3.9 PROFECO: Federal Consumer Protection Agency.
12.4 General Provisions
12.4.1 This PEC will be carried out by the UIs accredited by an Accreditation Entity and approved by the Ministry, through the General Directorate of Standards in accordance with the provisions of the applicable Legislation and its Regulations, for this NOM.
12.4.2 The compliance opinions issued by the UIs will be valid before the Authorities, Dependencies, and Entities of the Public Administration of the different levels of government, for the effects that may arise.
12.4.3 The Applicants, and consequently eventual holders of the compliance opinions, may be the suppliers that are developers, builders, promoters, owners, possessors, or holders and other individuals or legal entities that intervene in the advisory and sale to the public of residential real estate that choose to use the services of the UIs, including the subscribers of the adhesion contracts on said real estate.
12.4.4 The UI must conduct, at all times, its actions in accordance with the legislation on quality infrastructure and the NMX-EC-17020-IMNC-2014.
12.4.5 In any case, the use of information technologies for the submission and documentary review necessary for the Conformity Assessment provided for in this Procedure must be privileged.
12.5 Conformity Assessment Scheme
12.5.1 To demonstrate compliance with the NOM, developers, builders, promoters, and other persons involved in the advisory and sale to the public of residential real estate may, voluntarily, use the services of the UIs of their choice.
12.5.2 The above without prejudice to the verification and market surveillance powers of the competent authorities in accordance with their legal attributions, which in any case must attend to and respect the conformity assessment procedures and their results provided for here in accordance with the provisions of the current legislation.
12.6 Submission of the Application
12.6.1 For the purposes of requesting the inspection service, the applicants will present before the accredited and approved UI, the corresponding compliance documentation with each of the sections of the NOM in accordance with the provisions of Appendix B of this PEC, with the purpose of obtaining the corresponding compliance opinion.
Once the application is integrated, the UI will review that it is complete and duly formulated in accordance with the provisions of the following sections.
12.6.2 The UI must form a service file, assigning the applicant a folio number for attention so that they can follow up on the requested service.
12.6.3 In case there is any deficiency in the application; the UI will require the applicant, to make the corrections of the deficiencies found. The previous requirement will be formulated to the Applicant within a period that does not exceed five business days after the inspection unit received the application, in accordance with what is provided later.
12.6.4 The applicant must make the corrections of the deficiencies within a period that does not exceed 20 business days from the day following having received the notification from the UI.
In case the applicant does not make the requested corrections, it will be understood as rejected the application and a new procedure must be carried out.
12.6.5 The UI will establish internally the date and time for the realization of the documentary inspection visit, within a maximum period of five business days counted from the assignment of the attention folio.
12.7 Documentary Evidence
The documents that, in an enunciative but not limitative manner, may be presented by the Applicants to demonstrate compliance with the sections of the NOM will be those contemplated in Appendix B of this PEC (list of evidence).
12.8 Procedure for Obtaining the Compliance Opinion
12.8.1 Submission and Analysis of Service Requests for Opinion
To obtain the compliance opinion, interested parties must consider the following:
The applicant has the right to request the UI to inform them about the requirements or the necessary information to start the procedure, which must be subject to what is provided in this PEC.
The UI must deliver to the applicant the information package (or have it available through publications, electronic means, or others) that will contain:
a) Service request form for inspection to the UI.
b) The relationship of documents, information, or requirements that are required to prove compliance with this NOM, subject to what is provided by Appendix B of this PEC.
c) Service provision contract that will be signed with the UI.
d) The applicant must present to the UI, the duly completed and signed application in original by duplicate, which must be signed by the legal representative or attorney of the Applicant. The application will include the technical and documentary documentation, both in physical and digital media, as the case may be in accordance with Appendix B, which will be sufficient to demonstrate compliance with this NOM in accordance with the provisions of this PEC.
e) In case the service of a UI is contracted, the service provision contract signed by duplicate will also be presented, which must be signed by the legal representative or attorney accredited with power of attorney of the applicant.
f) To accredit the aforementioned representation, a simple copy of the articles of incorporation where the power granted to their name is recorded or the notarial power of said representative and a copy of the official identification may be presented or with a power of attorney before two witnesses with the copies of the official identifications of all the signatories.
g) The UI must receive and review the technical documentation presented by the Applicant.
h) The UI must deliver the response within a maximum period of seven business days, counted from the day following the receipt of the application.
i) In case of lack or omission of documents, the UI must require them within a maximum period of five business days after the documentation is presented by the applicant, otherwise, it may not argue that the application is incomplete.
j) The applicant has a period of 20 business days, counted from the day following the notification mentioned in the previous paragraph, to correct the omissions. If they are not corrected within the established period, the UI will generate a record in which it considers the procedure concluded and states the reason why it did not grant the corresponding Opinion.
k) Once the applicant corrects the omissions, the UI has a period of 10 business days to review and resolve the corresponding procedure.
l) In case the UI does not respond to the procedure promoted by the applicant within the period of 10 business days it has to review and resolve the procedure in accordance with the previous point, it will be understood that the resolution will be approved.
m) In case the procedure is resolved favorably, the UI must grant the compliance opinion with the NOM.
12.8.2 Opinion Criteria. Technical and Administrative Considerations
The UI must make the inspection decision in accordance with the following:
12.8.2.1 If the applicant presents the evidence where it is recorded that the requirements of the NOM are accredited in accordance with the provisions of Appendix B of this PEC, the UI must issue the compliance opinion with the NOM.
12.8.2.2 If non-compliance with the NOM is determined, the UI will generate a document through which the applicant is informed that the documentation and evidence provided was not in accordance with the requirements, either because the corresponding documentation was not presented or because it is not validated in terms of its authenticity, always having to base and motivate the reason why the corresponding compliance opinion was denied. The UI must be clear and specific regarding the documentation that does not accredit compliance with any requirement and the reason for such non-compliance.
12.8.2.3 The resolution must be signed by the authorized person in the UI, which must be accredited in the same document.
12.8.2.4 Once the inspection is concluded, the UI will integrate a file with all the documents and records that support the inspection process; which it will keep for a minimum of five years, in compliance with the provisions of the applicable international standards and guides to the performance of the UI. The UI must inform the applicant about the final disposition of their file at the end of the foreseen period, which must be contemplated in the corresponding service provision contract.
12.8.2.5 The compliance opinions issued by the UIs must be issued on letterhead or with any other element that ensures their authenticity and traceability, and contain at least the following information:
a) Name and position of the person issuing the Opinion;
b) Date and place of issue;
c) Name or corporate name of the Applicant;
d) Address of the Applicant;
e) Cite compliance with the NOM;
f) Signature of the authorized personnel.
The compliance opinions issued by the UIs regarding the NOM will have indefinite validity and will remain in force as long as they do not incorporate change or modification in the conditions or evidence that gave rise to them.
In case of change in the conditions or evidence that gave rise to them, a new compliance opinion may be obtained.
In relation to the above, the applicant will request the extension and updating of the previous compliance opinion, considering the change of specification or scope that corresponds, complementing the application with the technical documentation or evidence that supports the change of scope of the obtained opinion.
12.9 Suspension or Cancellation of Compliance Opinions
12.9.1 The UI, without prejudice to the contractual conditions of the provision of the inspection service, may suspend or cancel the compliance opinion when:
12.9.1.1 The conditions established in the compliance opinion are not met;
12.9.1.2 The circumstances that gave rise to it are modified or cease to exist without having requested the extension and updating of the previous compliance opinion provided for in this PEC;
12.9.1.3 It is proven that it has been granted based on falsified or altered documentation or evidence, and
12.9.1.4 The assumption established by Article 154, Section VI, of the Quality Infrastructure Law is updated, by mandate of the competent regulatory authority, through a firm resolution.
Appendix B
(Normative)
List of Documentary Evidence to be Submitted to the Inspection Unit
| Item | Requirement to be Evaluated | Form of Demonstration |
|---|---|---|
| 4 | Complaint and request channels. | The supplier must demonstrate that it has free and accessible channels and mechanisms for consumer attention through any of the following means: telephones, email, web forms, or any other digital contact means, indicating that they are available at least during business hours. The supplier must show its format or means, in digital or physical form, to receive complaints, requests, or suggestions from consumers at any point of sale or customer service, headquarters of the supplier, or its branches. The supplier must indicate the digital or physical means by which it provided an address to receive notifications from consumers. |
| 4 | Information on the Internet Portal | If the supplier has an internet portal, it must contain the following information: I. Total prices in cash transactions and the characteristics of the different types of real estate marketed through a link; II. A legend indicating that in credit transactions, the total price will be determined based on the variable amounts of credit and notary fees that must be consulted with the promoters, in accordance with section 5.6.7 of this NOM; III. Physical and electronic address where a complaint or claim can be filed, and business hours; IV. Model of the adhesion contract registered with PROFECO; V. Payment methods and plans for the real estate; VI. If the real estate is financed by the supplier, it must inform about the interest rate percentage, the total annual cost, the amount of commissions, as well as the insurances attached to the financing and their coverage, if any; and VII. The Privacy Notice. |
| 4 | Information in the Physical Office | If the supplier does not have an electronic portal but has a physical office, the information provided for in this section must be visible or indicated as available and easily accessible to the consumer. I. Total prices in cash transactions and the characteristics of the different types of real estate marketed through a link; II. A legend indicating that in credit transactions, the total price will be determined based on the variable amounts of credit and notary fees that must be consulted with the promoters, in accordance with section 5.6.7 of this NOM; III. Physical and electronic address where a complaint or claim can be filed, and business hours; IV. Model of the adhesion contract registered with PROFECO; V. Payment methods and plans for the real estate; and VI. If the real estate is financed by the supplier, it must inform about the interest rate percentage, the total annual cost, the amount of commissions, as well as the insurances attached to the financing and their coverage, if any. |
| 4 | Advance Payment | The supplier must demonstrate to the Inspection Unit that it has issued a receipt, in free digital or printed format, for the advance payments received. Likewise, it must demonstrate documentary evidence that it informed the consumer about the conditions to which said advance payment is subject, as well as the policies for its application, refund, or reimbursement in accordance with the provisions of this NOM in its section 4.4. In the case that the executive project of the real estate for which the advance payment was made needs to be modified during the construction, the supplier must demonstrate through the copy of the physical or electronic communication containing the date of said notification, that it notified the consumer about the modifications made, in accordance with the provisions of the fourth paragraph of 4.4. Likewise, it is demonstrated if the consumer decided to continue with the purchase of the real estate with a copy of the written communication of their acceptance, virtual or printed, as the case may be. In the case that the consumer decided not to continue with the purchase of the real estate, the supplier must demonstrate to the Inspection Unit that the procedure for the refund of the advance payment is carried out in accordance with the provisions of the second paragraph of 4.4 of this NOM. |
| 4 | Down Payments | The UI must verify compliance with the obligations established in section 4.5 of the NOM related to down payments, their application in the case of installment purchase-sales, and contract termination. In the case that the executive project of the real estate for which the down payment was made needs to be modified during the construction, the supplier must demonstrate through the copy of the physical or electronic communication made that it notified the consumer about the modifications made. Likewise, it is demonstrated if the consumer decided to continue with the purchase of the real estate with a copy of the written communication of their acceptance, virtual or printed, as the case may be. |
| 4 | Pre-Sales | The supplier must present evidence that demonstrates that, during the pre-sale, it displayed to consumers in a prominent and visible manner through digital or physical means, the sale price and the characteristics of the housing. |
| 4 | Non-Discrimination | The supplier must demonstrate that it has a non-discrimination policy in accordance with Article 58 of the LFPC and that it has been notified to consumers in digital or printed form or the means through which they can consult it. |
| 4 | Rights Letter | The supplier must demonstrate that it delivers to consumers the rights letter, in printed, physical, or digital media, in the terms established in section 4.8 of this NOM. |
| 5 | Information and Advertising / Language | The information and advertising of the supplier must be in Spanish, through digital or physical media in understandable and legible terms. Without prejudice to being additionally in other languages. |
| 5 | Information and Advertising / General Requirements | The supplier must demonstrate documentary that it makes available to the consumer the information provided for in Article 73 BIS of the LFPC, through digital or physical media, including the following: I. Commercial name and corporate name of the supplier; II. Contact details including address, telephone, and/or email address; III. Accreditation of the ownership of the real estate, or, where appropriate, the right or authority to market or alienate it, and the encumbrances it has, except those derived from the credit used by the supplier for the construction of the housing; IV. Price of the real estate in cash transactions; in credit transactions, indicate that the total price will be determined based on the variable amounts of credit and notary fees; V. Payment methods available for each private unit to be marketed, which may include, for example, INFONAVIT, FOVISSSTE, bank, supplier’s own, public, private, or union credit; VI. Licenses, permits, or authorizations of the real estate granted by the competent authorities; VII. General specifications of the real estate that contain, at a minimum: location, boundaries, measurement data, service installations, finishes, and construction system; VIII. Data of the means available to the consumer to file a complaint or claim, and the business hours of these means; and IX. Registration number with PROFECO of the contract with which the real estate is marketed. |
| 5 | Information and Advertising / Endorsements | If the advertising or information includes legends or information indicating that they have been endorsed, approved, recommended, or certified by professional societies or associations other than the supplier, it must be demonstrated with documents from said societies or associations that evidence that they give their endorsement or recommendation, thanks to having scientific, objective, and reliable evidence that allows them to endorse, approve, recommend, or certify the qualities or properties of the product or service, or any other requirement indicated in the applicable laws to accredit them. |
| 5 | Information and Advertising / Price | The supplier must demonstrate that it communicated to consumers, through printed, physical, or digital media, the price of the real estate in cash transactions. The sale price of the real estate must be offered in national currency, without prejudice to being expressed in foreign currency; if applicable, the exchange rate in force at the place and date of payment will apply, in accordance with the applicable legislation. In credit transactions, the supplier must demonstrate that it communicated to consumers, through printed, physical, or digital media, that the total price will be determined based on the variable amounts of credit and notary fees that must be consulted with the promoters. |
| 5 | Information and Advertising / Offers and Promotions | In case of having offers and promotions, the supplier must demonstrate that in them it informed through printed, physical, or digital media to consumers: the validity or, where applicable, the volume of real estate offered. |
| 5 | Information and Advertising / Requirements of the Executive Project, Model, | The supplier must prove that it has a physical or virtual representation (that is, through optical, digital, or electronic means), available to consumers, intended to show the general characteristics, distribution, and dimensions of the housing subject to the purchase-sale and, where applicable, the housing development where it is located, in accordance with Article 34 of the RLFPC. |
| 5 | Information and Advertising / Information About the Real Estate | The supplier must demonstrate that it made available to the consumer the structural, architectural, and installation plans, or, failing that, a report of the structural conditions of the real estate, endorsed by the responsible expert or co-responsible, either physically or by any optical or electronic means or, where applicable, expressly indicate the reasons for not having them, as well as the deadline for having such documentation. |
| 5 | Information and Advertising / Civil Protection | The supplier must demonstrate to the Inspection Unit that it has a Civil Protection Program for the real estate and that it was made available to consumers, either through printed, physical, or digital media. |
| 5 | Information and Advertising / Finishes | The supplier must demonstrate to the Inspection Unit, in accordance with the provisions of section 5.6.6, the way in which it informs consumers about the finishes with which the real estate will have, whether they are in the information and advertising about the housing it markets, specified as such in the sample property or, where applicable, with those agreed with the consumer, which must be described in the respective contract. |
| 5 | Information and Advertising / Promoters | The supplier must demonstrate to the Inspection Unit that its promoters are obliged to use the identification card issued by the supplier, or by the sales concessionaire, containing their full name, logo of the concessionaire if applicable, logo of the supplier, position, validity of the identification, and a complaint telephone number. |
| 6 | Adhesion Contract | To demonstrate that the adhesion contract model complies with the provisions of chapter 6 of this NOM, the supplier must provide the Inspection Unit with proof that it has been registered with PROFECO. |
| 7 | Warranties | The supplier must present to the Inspection Unit the warranty offered to consumers in accordance with the provisions of chapter 7 of this NOM, accompanying evidence that demonstrates that it is informed to consumers in printed, physical, or digital form. |
| 8 | Additional Services | The supplier must present to the Inspection Unit evidence that demonstrates that it notified consumers in printed, physical, or digital form about the additional services, when there are any, in the terms provided for in chapter 8 of this NOM. |
| 9 | Notarization and Notaries | Valid documents to prove property ownership. The supplier must prove the ownership of the real estate through the following documents: I. Public deed granted by a notary public duly registered in the Public Registry of Property; in the case of real estate subject to the condominium regime, public deed where the constitution of this regime is recorded; or II. In cases where applicable, through a private contract, once the signatures have been ratified before a notary or administrative authority and duly registered in the Public Registry of Property. Once the credit is authorized in favor of the consumer or the signing in cash operations is agreed, the supplier must demonstrate in physical, digital, or electronic form, that it provided the Notary with the necessary documents and information to carry out the notarization of the alienation of the real estate in favor of the consumer or, where applicable, the reasons why it has not yet been carried out. |
| 10 | Bonus | The supplier must demonstrate through documentary evidence that in the cases provided for in chapter 8 of this NOM, it has carried out the bonus in the percentages and terms provided for each case in said chapter, when there have been cases in which said bonus has proceeded. |
| 11 | Social Housing | The supplier when using the images and trademarks of the ONAVIS, for the marketing of its housing, must demonstrate that it has the express authorization of said institutions, or that it complies with the general rules that in its case are issued, in accordance with the provisions of said General Rules. It is not considered non-compliance when the authorized allusion to the ONAVIS is made, specifying that it is possible to access the financing or credit scheme of the same. For the credits issued by INFONAVIT, FOVISSSTE, or some other public organization, it is important that the supplier demonstrates that it displays and/or provides consumers, through physical or digital media, information regarding that the worker may process their credit directly in said institutions through the means available for it, or that it informed the consumer if they may request the supplier to carry out said procedure free of charge. By virtue of the above, the supplier must demonstrate that it provided the consumer, through physical or digital media, the data of the offices and electronic addresses of the institutional web pages or through advisors certified by the institutions. |
| 12 and 4.3 | Privacy | The supplier must present the privacy notice, legible and visible to consumers in its physical establishment and, where applicable, through any other physical, printed, or digital medium, including in an enunciative and non-limiting manner through: the website or electronic communications, through its full text or link that leads to it, optical or auditory means or by any other technology. |
13. Surveillance and Verification
The surveillance of compliance with this NOM is the responsibility of the Ministry of Economy, through the General Directorate of Standards, while the verification corresponds to PROFECO to verify compliance with this NOM, as well as to sanction non-compliance with its provisions, in accordance with the provisions of the Law and other applicable legal regulations.
14. Concordance with International Standards
This Official Mexican Standard is not equivalent (NEQ) to any international standard, as there is no reference at the time of its preparation.
Appendix A
(Normative)
Content of the Rights Letter
In all commercial transactions for the purchase-sale of residential housing, the supplier undertakes that these are carried out in accordance with the provisions of the LFPC, its Regulations, and this NOM, for which it recognizes that consumers have the following rights:
- Receive, regarding the offered real estate, truthful, clear, and updated information and advertising, regardless of the medium through which it is communicated, including digital media, in such a way that it allows the consumer to make the best purchase decision knowing truthfully the characteristics of the real estate they are acquiring, in accordance with the provisions of the Law.
- Know the information about the characteristics of the real estate, among these: the extension of the land, built area, type of structure, installations, finishes, accessories, parking space, common use areas, services it has, and general physical condition of the real estate.
- Freely choose the real estate that best suits their needs and fits their purchasing capacity.
- Not make any payment until the contractual relationship is in writing, except for those related to advance payments and operating expenses, in the terms provided for in the LFPC.
- Sign an adhesion contract under the model registered with the Federal Consumer Protection Agency (PROFECO), in which the terms and conditions of the purchase-sale of the real estate are recorded. After its signing, the supplier is obliged to deliver a copy of the signed contract to the consumer.
- Acquire a real estate that has the safety and quality characteristics contained in the applicable regulations and reflected in the information and advertising they have received.
- Receive the real estate within the agreed period and conditions with the supplier in the respective adhesion contract.
- Where applicable, exercise the warranties on real estate provided for in the LFPC, considering the specifications provided for in the respective adhesion contract.
- Receive the corresponding bonus or compensation in terms of the LFPC, in case that after exercising the warranty, defects or failures in the real estate persist. Likewise, to have the necessary repairs carried out in case of defects or failures attributable to the supplier, or opt for the substitution of the real estate or termination of the contract when applicable.
- Have free and accessible channels and mechanisms for queries, requests, claims, and suggestions to the supplier, and know the address indicated by the supplier to receive and hear notifications.
- Right to protection by the competent authorities and in accordance with the applicable laws, including the right to file complaints and claims before them.
- Have a Privacy Notice available to know the treatment that will be given to the personal data provided and consent to it, where applicable; that their personal data is treated in accordance with the applicable regulations and, know the available mechanisms to exercise their Rights of Access, Rectification, Cancellation, and Opposition.
- Receive non-discriminatory treatment, without being denied or conditioned the attention or sale of a housing for reasons of gender, nationality, ethnicity, sexual preference, religion, or any other particularity in the terms of the applicable legislation.
- Freely choose the notary public to carry out the notarization procedure.
15. Bibliography
15.1 Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on February 5, 1917, last reform published on May 28, 2021.
15.2 Federal Civil Code, published in the Official Gazette of the Federation on May 26, 1928, last reform published on January 11, 2021.
15.3 Monetary Law of the United Mexican States, published in the Official Gazette of the Federation on July 27, 1931, last reform published on January 20, 2009.
15.4 Federal Law for the Protection of Industrial Property, published in the Official Gazette of the Federation on July 1, 2020, without reforms.
15.5 Law of the National Workers’ Housing Fund Institute, published in the Official Gazette of the Federation on April 24, 1972, last reform published on July 31, 2021.
15.6 Law of the Institute of Security and Social Services for State Workers, published in the Official Gazette of the Federation on March 31, 2007, last reform published on May 20, 2021.
15.7 Federal Economic Competition Law, published in the Official Gazette of the Federation on May 23, 2014, last reform published on May 20, 2021.
15.8 Federal Consumer Protection Law, published in the Official Gazette of the Federation on December 24, 1992, last reform published on December 24, 2020.
15.9 Federal Law on Metrology and Standardization, published in the Official Gazette of the Federation on July 1, 1992, repealed.
15.10 Quality Infrastructure Law, published in the Official Gazette of the Federation on July 1, 2020, without reforms.
15.11 General Law on Human Settlements, Territorial Planning, and Urban Development, published in the Official Gazette of the Federation on November 28, 2016, last reform published on June 1, 2021.
15.12 General Civil Protection Law, published in the Official Gazette of the Federation on June 6, 2012, last reform published on May 20, 2021.
15.13 Federal Law on Protection of Personal Data Held by Private Parties, published in the Official Gazette of the Federation on July 5, 2010, without reforms.
15.14 Regulations of the General Civil Protection Law, published in the Official Gazette of the Federation on May 13, 2014, last reform published on December 9, 2015.
15.15 Regulations of the Federal Law on Protection of Personal Data Held by Private Parties, published in the Official Gazette of the Federation on December 21, 2011, without reforms.
15.16 Regulations of the Federal Consumer Protection Law, published in the Official Gazette of the Federation on August 3, 2006.
15.17 Regulations of the Federal Consumer Protection Law, published in the Official Gazette of the Federation on December 19, 2019.
15.18 Regulations of the Federal Law on Metrology and Standardization, published in the Official Gazette of the Federation on January 14, 1999, last reform published on November 28, 2012.
15.19 Agreement issued by the Federal Consumer Protection Agency by which the models of adhesion contracts in real estate matters are made known, published in the Official Gazette of the Federation on November 24, 2004.
15.20 Agreement issued by the Federal Consumer Protection Agency by which Annexes 1 and 2 of the diverse by which the models of adhesion contracts in real estate matters are made known are substituted, published in the Official Gazette of the Federation on May 25, 2010.
15.21 Agreement issued by the Federal Consumer Protection Agency by which the Guidelines for the Analysis and Verification of Information and Advertising are established, published in the Official Gazette of the Federation on July 24, 2012.
15.22 Rules for the Granting of Credits to the Workers Beneficiaries of the National Workers’ Housing Fund Institute, published in the Official Gazette of the Federation on May 4, 2020.
TRANSITORY PROVISIONS
FIRST. This Official Mexican Standard will enter into force 180 natural days after the day following its publication in the Official Gazette of the Federation.
SECOND. The obligated subjects in accordance with chapter 6 must submit to the Federal Consumer Protection Agency (PROFECO) the procedure for Registration of the Adhesion Contract, within 90 natural days after the day following its publication in the Official Gazette of the Federation.
THIRD. Within 120 natural days after the day following its publication in the Official Gazette of the Federation, the obligated subjects in accordance with section 11.2 must submit to the National Workers’ Housing Fund Institute (INFONAVIT), Housing Fund of the Institute of Security and Social Services for State Workers (FOVISSSTE), or some other public organization that grants credits for social housing real estate the procedure for Authorization for the use of images and trademarks of the National Housing Organizations.
FOURTH. The day after the publication in the Official Gazette of the Federation, the accreditations and approvals to Assess the Conformity of this Official Mexican Standard may be initiated and processed.
Mexico City, February 16, 2022.—The Director General of Standards and President of the National Advisory Committee on Standardization of the Ministry of Economy, Lic. Alfonso Guati Rojo Sánchez.—Signature.
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