NOM-247-SE-2021 for Mexico Developers

A marketing standard, not a brochure annex

Anyone selling units to the public in Mexico cannot treat the technical sheet, the adhesion contract, and the digital campaign as separate files. NOM-247-SE-2021, in force since 7 July 2022, requires complete pre-contract information, PROFECO registration of models, and accountability for what is advertised. This page is IBG Legal’s service for developers, builders, and brokerages: align the sales pack with the standard and with the Federal Consumer Protection Law.

The long-form analysis is in NOM-247-SE-2021: obligations for real estate sellers and developers. The slug treaties-nom247 also covers bilateral investment treaties; that axis is documented in the related treaty article. The engagement described here is the NOM.

Who this is for

Developers running presales in Cancún, Tulum, Playa del Carmen, or the rest of the Riviera Maya. SPEs formed for a single project that still sell to the public. Brokerages and platforms that advertise units. In-house counsel who need the three-year adhesion-contract registration renewed and a dated protocol for delivering the technical sheet.

It does not replace a developer LFPIORPI program. NOM-247 is consumer information and contracting; LFPIORPI is anti-money-laundering. They often sit on the same project and are not solved by the same manual.

How an engagement proceeds

First, a complimentary initial fit assessment, subject to scope review: unit count, PROFECO registration status, sales materials, and whether buyers are foreign. Second, an audit of technical sheets, contract models, advertising, and delivery protocols. Third, correction: delivery and tolerance clauses, PROFECO filing or renewal, a complete Spanish version and, if the buyer is not Spanish-speaking, bilingual support that does not displace the official text. Fourth, a written gap memo. Fifth, if a PROFECO complaint or visit is already open, defense in conciliation or in court, coordinated with administrative recourse when the act is official.

What usually breaks on the Riviera Maya

Three omissions recur. One: advertising amenities or delivery dates that never enter the contract, then discovering section 6 made them an offer. Two: letting the three-year Article 86 Bis registration lapse and keeping the model in use. Three: handing a foreign buyer an English-only sheet, or no sheet, and facing a consent argument. The NOM does not require a bilingual version; it does require Spanish compliance. The buyer’s language version is evidence of effective disclosure, not a substitute.

Sanctions are expressed in UMAs. INEGI publishes the value each year. Any peso conversion should use the current figure, not a prior fiscal year.

Frequently asked questions

What is NOM-247-SE-2021?

It is Mexico’s official standard on commercial practices in real-estate marketing, published in the DOF on 7 January 2022 and in force since 7 July 2022. It covers anyone who habitually or professionally offers, promotes, or sells property to consumers, including developers, builders, brokerages, and digital platforms.

What must the pre-contract technical sheet include?

Section 5.1 requires, before any binding instrument: total and usable area, price in Mexican pesos, materials and specifications, property regime, and presence or absence of encumbrances. Omitting an item can trigger relative nullity under Article 87 Bis of the LFPC.

Must adhesion contracts be registered with PROFECO?

Yes, under Article 86 of the LFPC. Section 7 of the NOM requires express clauses on delivery, technical tolerances, disputes, and default. Clauses that limit liability for hidden defects in contradiction of section 5.4 are void (Article 90 LFPC).

Is advertising binding on the developer?

Section 6 treats information published in digital, print, or in-person media as a binding offer under Article 36 of the LFPC. Advertised amenities, finishes, and delivery dates become part of the contract even if they are not copied into the signed text.

Is a single-project SPE outside the NOM?

PROFECO has treated sales by development SPEs as covered activity even when the entity runs one project, because the commercial purpose of its formation supplies habituality. That reading should be tested before the sales vehicle is chosen.

What sanctions can PROFECO impose?

Fines in UMAs under Articles 127 and 128 of the LFPC (the figure most often cited for ordinary breaches is a 10,000 UMA cap; recidivism has higher caps). INEGI publishes the current UMA each year; do not rely on a stale peso conversion. PROFECO may also bring collective actions.

Do contract registrations expire?

Article 86 Bis of the LFPC sets a three-year maximum term. A model used after expiry is treated, for supervision, as unregistered, with loss of the review presumption and a path to nullity under Article 90 LFPC.

Does the NOM apply if the buyer is a foreigner who does not speak Spanish?

The NOM makes no exception for nationality or language. The sheet and contract must comply in Spanish. A bilingual version does not replace the Spanish text, but it helps prove informed consent, especially in SRE-supervised trusts.

What remedies does the buyer have?

Article 92 of the LFPC lets the consumer choose rescission with restitution and damages, a price reduction, or specific performance. Article 92 Bis bars the contract from locking the buyer into a single remedy.

This slug also mentions bilateral treaties. Is that the same engagement?

The slug groups two investor-protection instruments. The typical matter on this landing is NOM-247 and LFPC compliance. Bilateral investment treaties are a separate axis (structuring under the most favorable BIT and, where required, arbitration). The companion treaty article is linked in related analysis.

Next step

IBG Legal offers a complimentary initial fit assessment, subject to scope review, to examine PROFECO registration status and the sales pack of a concrete development. Schedule from the button on this page, or write through the contact form.