If you’re purchasing property in the Yucatán Peninsula, particularly in the Riviera Maya, and facing potential contract rescission due to delayed payments on your part, it’s crucial to understand your rights under Mexican law. According to Article 71 of Mexico’s Federal Consumer Protection Law, buyers who have paid more than one-third of the property price, yet delay monthly payments, retain certain rights. This article safeguards you against unilateral contract termination by developers for late payments.
Crucially, if you’ve paid over one-third of the total price, you can choose to either continue the contract by paying overdue amounts along with any legally due charges, or opt for rescission. If you decide on rescission, you’re entitled to a full refund of amounts paid without facing any conventional penalties, often unjustly included in property purchase contracts.
This right is reinforced by jurisprudence (Registry Digital: 171064), highlighting the special nature of these consumer protection norms. These rules override general civil obligations like those in Article 1949 of the Federal Civil Code, focusing on reciprocal obligations. The jurisprudence emphasizes the priority of these consumer protections, which aim to shield economically weaker groups from unfair consumer relations.
At PeninsuLawyers, we’re committed to guiding you through these legal intricacies. If your contract has been rescinded due to payment delays, and you’ve already covered at least one-third of the property price, you’re entitled to a refund without any additional penalties. Our expert team is here to ensure your rights are upheld, guiding you every step of the way.
This legal article is provided for informational purposes only and does not constitute legal advice. The content is based on general legal principles, and laws may vary by jurisdiction. Readers are strongly advised to consult with a qualified attorney regarding their specific legal issues. The authors and publishers are not responsible for any actions or decisions taken based on the information provided in this article. The article does not create an attorney-client relationship, and any communication through this platform does not guarantee confidentiality. The accuracy, completeness, or adequacy of information in this article is not warranted or guaranteed. The authors and publishers disclaim any liability for any errors or omissions in the content.
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