Buying property in the Riviera Maya is an exciting venture. You find the perfect pre-construction condo in Tulum or a promising lot in Playa del Carmen. The developer presents you with a contract. It’s often a thick document, written in Spanish, and presented as a standard, non-negotiable agreement. However, before you sign, there is a critical question you must ask: Is this contract registered with PROFECO?

Mexico has a strong legal framework to protect consumers. The government recognizes that a large development company and an individual buyer do not have equal power in a transaction. To create a fair and secure environment, laws like the Federal Consumer Protection Law (LFPC) are in place. This law gives a government agency, PROFECO, the power to supervise developers and protect your interests. One of its most powerful tools is the mandatory registration of real estate contracts. Understanding this requirement is essential to protecting your investment.

What is an Adhesion Contract?

When you buy from a developer, you will likely encounter what is legally known as an “adhesion contract.” Think of this as a “take-it-or-leave-it” agreement. The developer drafts all the terms and conditions in a uniform format for all their sales. As the buyer, your role is simply to agree to the entire document. You do not get to negotiate the individual clauses.

This practice is standard in the real estate industry. However, this is precisely where a power imbalance exists. For this reason, Mexican law applies special rules to these contracts. Importantly, these rules cover all preliminary agreements, not just the final deed. The law is very clear that documents like a “promissory contract” or a “pre-sale agreement” are considered adhesion contracts. This is because the most critical terms—price, delivery dates, penalties, and finishes—are established at this early stage. This is the moment your financial commitment begins and your vulnerability is highest. Therefore, consumer protection laws intervene right from the start.

The Mandatory Registration of Pre-Sale Contracts

The Federal Consumer Protection Law (LFPC) is direct and clear. Article 73 states that all contracts related to real estate transactions “must be obligatorily registered” with PROFECO. The language used in the law leaves no room for interpretation. It is not an optional step or a suggestion; it is a legal command for every developer selling residential property. This applies directly to the pre-sale and promissory contracts you sign long before the property is finished.

Furthermore, Mexico’s Supreme Court of Justice has confirmed the strength of this rule. The court determined that this obligation is “self-applying.” This means a developer is required to have their contract models registered simply by being in the business of selling homes to the public. Their duty exists continuously, not just when they are about to sign a deal with a specific buyer. As a result, a developer operating without registered contracts is in a constant state of non-compliance. PROFECO manages these filings through an online portal called the Registry of Adhesion Contracts in Line (RCAL), which ensures transparency.

How PROFECO Protects You Through Registration

The registration process is not just a rubber stamp. PROFECO performs a legal analysis of the contract before approving it. The goal is to identify and reject any clauses that are illegal or abusive to the consumer. This review acts as a preventive filter, ensuring the terms of the agreement are fair and balanced.

According to Article 90 of the LFPC, PROFECO will not approve contracts with clauses that, for example:

• Allow the developer to unilaterally change the contract’s terms.
• Free the developer from their legal responsibility for defects or issues.
• Force the buyer to give up the protections granted by the consumer protection law.
• Set penalty clauses that are not reciprocal and equivalent for both the buyer and the developer.

In addition, a specific regulation known as NOM-247-SE-2021 details all the minimum information that must be included. For instance, the contract must clearly state the total price, payment terms, property specifications, delivery dates, and information about the property’s warranties (e.g., five years for structural issues). It also must include the contract’s official PROFECO registration number.

The Severe Consequences of an Unregistered Contract

The penalties for a developer who fails to register their contracts are severe. This is not a minor administrative oversight. Firstly, PROFECO can impose significant fines, which can amount to millions of pesos. This financial penalty underscores the seriousness of the violation.

More importantly for you, the buyer, is the legal consequence for the contract itself. The law states that an adhesion contract that requires registration but does not have it “is not valid against the consumer.” The Supreme Court has reinforced this, stating that registration is a necessary condition for the contract’s obligations to be enforceable against the buyer. This places the developer in an extremely weak legal position. It could mean that while the developer is obligated to build and deliver the property, a buyer could potentially challenge their own obligation to make payments or even request to nullify the contract and demand a full refund. Signing an unregistered contract creates a massive risk and a legal headache that no investor should have to face.

Facing a dispute over preparatory real estate contracts in the Riviera Maya? Don’t navigate it alone. Contact PeninsuLawyers to protect your investment and secure your property rights.