Buying Pre-Construction (Preventa) in Playa del Carmen: 8 Contract Red Flags

Published October 22, 2026 · By Mexico Property Advisor

Short answer: before you pay a deposit on a preventa, make sure the developer can show proof of ownership with no liens, the full construction project, a PROFECO-registered contract, a clear payment schedule, a delivery date with a penalty for delay, and cancellation terms that are fair to both sides. If any of these is missing, pause before you pay.

Why preventa contracts deserve extra care

In a preventa you pay for something that does not exist yet. You rely on plans, renders and promises, and the contract is the only thing that turns those promises into obligations. Mexican rules give buyers some protections, but they only help if you check that the developer is meeting them.

The 8 red flags

1. The developer cannot show proof of ownership

PROFECO's guidance says the seller must provide documents proving ownership of the property and disclose any liens, and that liens must be cleared before the deed is signed. Ask for the ownership documents before you pay anything, and ask a notary or attorney to confirm that the land is in the name of the seller and free of debts.

2. There is no complete construction project

The developer should be able to show the complete executive construction project, along with the plans and the scale model or show unit if there is one. Also ask which construction permits the project has. A developer who sells units but cannot show what will be built is a risk.

3. The contract is not registered with PROFECO

Article 73 of the Federal Consumer Protection Law says contracts for the sale of homes by developers, builders and promoters must be registered with PROFECO. Ask for the registration number and check it in PROFECO's public registry.

4. The payment schedule and deposit terms are vague

The seller should specify the payment conditions, the amounts due and the dates. NOM-247-SE-2021, published in the Diario Oficial de la Federación on March 22, 2022, also sets rules for deposits and down payments. Ask where your deposit is held, who controls it, and under what conditions it is returned.

5. There is no firm delivery date, or no penalty for delay

"Estimated delivery" is not a commitment. The contract should state a date and say what happens if the developer is late. If the only penalties in the contract apply to you, that is a warning sign.

6. Cancellation terms are one-sided

PROFECO says the provider must disclose the cancellation conditions and penalties, whether they apply to the builder or to the buyer. Compare what you lose if you cancel with what the developer owes you if it cancels or delays.

7. The contract does not match the advertising

The norm says advertising must be truthful, verifiable and clear, and that sellers must disclose prices, measurements, materials, finishes and what is included in the delivery. If the amenities, finishes or square meters in the brochure are not in the contract, they are not guaranteed.

8. You are pressured to pay today

"Last unit at this price" and "deposit by tonight" are sales tactics. A serious developer will give you time to read the contract and have it reviewed. If you are rushed, slow down.

Questions to ask before you pay a deposit

Can I see the ownership documents and confirmation that there are no liens?
Can I see the complete project and the construction permits?
What is the PROFECO registration number of this contract?
Where is my deposit held, and when is it refundable?
What is the delivery date, and what happens if you are late?
What penalties apply if I cancel, and what penalties apply to you?
Who is the trustee bank for the fideicomiso, and what does it cost? See our fideicomiso guide.
Is there an English translation of the contract?

Frequently asked questions

What is a preventa?

A preventa is a pre-sale: you buy a unit before it is built or while it is being built. You commit money based on plans, renders and a contract, so the contract and the developer's documents matter more than the brochure.

How much deposit is normal in a preventa?

It varies by project, so there is no single right number. What matters is where the deposit is held, what the payment schedule is, and under what conditions you can get it back. Ask for all three in writing before you pay.

Can I cancel a preventa contract?

It depends on the contract. According to PROFECO, the provider must disclose the cancellation conditions and the penalties, whether they apply to the builder or the buyer. Compare both sides before signing.

Does Mexican consumer law protect me as a foreign buyer?

Article 73 of the Federal Consumer Protection Law covers real estate acts when the provider is a developer, builder, promoter or other person who advises on and sells homes to the public. Whether it applies to your specific purchase can depend on the details, so ask a licensed attorney.

How do I check if a developer's contract is registered?

PROFECO keeps a public registry of adhesion contracts, reported at rpca.profeco.gob.mx. Ask the developer for the registration number and check it yourself.

Have a preventa contract in front of you?

In a 60-minute audit I review your purchase agreement, the deposit terms and the trust structure, and give you a list of questions to raise before you sign.

Book the $100 audit on WhatsApp

Information, not legal advice. This guide is general and may not reflect recent changes or your specific situation. For legal advice, consult a licensed attorney in Mexico. See our Legal Disclaimer.

Sources: Ley Federal de Protección al Consumidor, Article 73 · El Informador: PROFECO recommendations for buying in preventa · Expansión: NOM-247-SE-2021.