PROFECO / NOM-247
PROFECO arbitration — undelivered amenities
Building delivered without contracted amenities (pool, gym, security). PROFECO arbitration ordered developer to remediate or refund.
Recovered
$95K
Duration
16 months
Outcome
Favorable settlement
What the client was facing.
Buyer purchased in a Riviera Maya development sold on the strength of resort-style amenities. Building delivered without the pool, gym, or 24-hour security promised in marketing and contract. Developer claimed amenities were 'phase 2' even though the contract had no phasing language.
The strategy we deployed.
PROFECO conciliation failed when developer refused to commit to a build-out timeline. We escalated to PROFECO arbitration, presenting marketing material, contract, and signed customer testimonies as evidence of the inducement.
How it ended.
Arbitration award gave the developer 12 months to deliver the contracted amenities or refund $95,000 USD plus assume HOA back-fees. Developer chose the partial refund route. Award enforced via convenio en sede arbitral.
Your situation deserves the same rigor.
Every case is different, but the methodology holds: strategic pressure, credible escalation, recovery.