PROFECO / NOM-247
PROFECO win — false rental yield guarantee
Developer marketed 'guaranteed 8% rental yield' that materially underperformed. PROFECO ordered partial refund.
Recovered
$88K
Duration
13 months
Outcome
Favorable settlement
What the client was facing.
Three buyers in a single building had been sold units with marketing material promising 'guaranteed 8% annual rental yield managed by our in-house team.' Actual yields ran 1-2%. Developer's defense was that the yield was a 'projection' not a guarantee — but the marketing language said otherwise.
The strategy we deployed.
Joint PROFECO complaint citing false advertising under LFPC and NOM-247 misleading-representation provisions. Documented marketing claims with archived web pages and signed customer testimonies. Quantified damages as the differential between guaranteed and actual yield over 18 months.
How it ended.
Settlement returned $88,000 USD across the three buyers (proportional to underperformance), plus an injunction against the developer using the 'guaranteed yield' language going forward. Set the precedent that 'guaranteed' means guaranteed under Mexican consumer-protection law.
Your situation deserves the same rigor.
Every case is different, but the methodology holds: strategic pressure, credible escalation, recovery.