Presale condo not delivered in Cancún, Tulum or Playa del Carmen? Your rights and deadlines.

If you paid a deposit on a pre-construction condo in Cancún, Tulum, Playa del Carmen or Puerto Morelos and the developer is late, has stopped building or will not refund you, Mexican law gives you real tools. But two of them expire one year after you learn of the problem. Act in months, not years.

The deadlines that matter

Not sure whether your project has warning signs? Take the 10-question presale checklist — it works before you buy and after you’ve paid.

First: what did you actually buy?

Most foreign buyers on the coast do not own anything yet. The coast is a “restricted zone” (Mexican Constitution, art. 27), so foreigners hold property through a bank trust (fideicomiso) approved by the Ministry of Foreign Affairs. In a presale you usually signed a promise agreement or joined the developer’s trust as a future beneficiary.

Until the deed is signed before a notary, you have a contract claim against the developer — not a title to the unit. That is why guarantees, deadlines and evidence matter so much.

The rules developers must follow in Quintana Roo

• No presale without a guarantee. Since May 2026, state law allows presales only if the developer has a completion certificate, a bond in favor of the municipality, or a guarantee in favor of buyers. Sales without municipal authorization are void (Ley de Acciones Urbanísticas, art. 71).
• Condo bonds. A condominium developer must post a bond for 15% of the project value to guarantee completion and another for 10% for quality (Condominium Law, art. 9).
• Consumer protection applies to you. Mexico’s Federal Consumer Protection Law covers developers of homes and does not distinguish by nationality. The developer must give you its permits and licenses in a presale, register its contract with PROFECO, deliver on the date agreed, and cannot charge you before there is a written contract (arts. 73 Bis, 73 Ter, 74 and 75).
• Penalties must be mutual. If your contract punishes only the buyer, that clause can be challenged (art. 73 Ter; NOM-247-SE-2021).
• Licensed agents only. Real estate agents in Quintana Roo must hold a state license, and can lose it for keeping or diverting client money.

“Force majeure” is not an excuse for missing permits

Developers often invoke a grace period or caso fortuito (force majeure). A shutdown because the project lacked permits, or built more than it was allowed, is usually the developer’s own fault, not an unforeseeable event. Courts can also reduce a penalty that is excessive (Civil Code of Quintana Roo, art. 291).

Your four routes, in the order we usually use them

1. Formal demand letter. A notarized or documented demand for delivery or refund, in Spanish, sets the record and starts the clock against the developer.
2. PROFECO complaint. Free conciliation with the developer, available to non-residents. PROFECO can ask a judge to freeze the developer’s assets when delivery looks impossible, and the law sets a minimum compensation of 20% of the price paid. Deadline: one year.
3. Civil or commercial lawsuit. For rescission, refund, penalties and damages. Slower, but enforceable against the company’s assets.
4. Criminal complaint for fraud. The Quintana Roo Criminal Code specifically punishes sellers who divert buyers’ payments, or who take the price and neither deliver nor refund. If the developer pays you back, the case can end — which is exactly why it creates negotiating pressure. Deadline: one year from when you learned of the fraud.

The criminal route can take months just to identify the people responsible. That is why the written assessment and the formal demand letter come first: they protect your deadlines while the slower routes get going.

Cases like yours

Real situations from our practice, with names, projects and amounts removed.

PUERTO MORELOS · SHUTDOWNA US couple paid 30% on a Puerto Morelos condo; the site was shut down for building without permits. The developer offered a refund minus a 20% penalty.

TULUM · UNPAID TERMINATIONA buyer signed a termination agreement with a refund schedule; the payments never came. We sued and filed a criminal complaint.

PLAYA DEL CARMEN · NO DEEDThree years after paying 80%, no deed — and a new price nearly double.

CANCÚN · AGENTNever wire to an agent’s personal account. Ask for the agent’s state license.

What to gather now

• Your contract and every addendum, in the language you signed.
• Proof of every payment (wire confirmations, not just receipts).
• All emails and WhatsApp chats with the developer and the agent — export them before they disappear.
• Any notice of delay, suspension, or a new price.
• The developer’s and the trust bank’s legal names.

Mistakes we see every month

• Signing a “termination agreement” that refunds you in installments with no guarantee — and then waiting.
• Accepting a new, higher price to get the deed.
• Wiring money to an agent’s personal account.
• Waiting more than a year because the developer kept promising.

Can I do this from the United States or Canada?

Yes. Most steps can be handled with a power of attorney signed at a Mexican consulate, or when you visit Mexico. You do not need to move here to recover your money.

How we help

The first call is free: we listen to what happened and tell you whether you have a case. When you need a clear plan, we prepare a Case Assessment — a written opinion in English on your contract, your deadlines and your best route, for a fixed fee of USD 500 + VAT, delivered within 5 business days after we receive your documents and payment.

To book it, message us on WhatsApp: we’ll send you the bank details for the deposit and the list of documents we need.

Book a Case Assessment →

Sources

Official texts of the laws cited in this guide:

• Ley de Acciones Urbanísticas del Estado de Quintana Roo (reform published May 28, 2026), arts. 65–72.
• Ley de Propiedad en Condominio de Inmuebles del Estado de Quintana Roo, art. 9.
• Ley Federal de Protección al Consumidor, arts. 14, 73–76, 92 Ter and 99.
• NOM-247-SE-2021 (sales of homes and pre-sales).
• Ley de Inversión Extranjera, arts. 10-A and 11–14, and the SRE trust permit.
• Código Civil para el Estado de Quintana Roo, arts. 286, 291 and 295.
• Código Penal para el Estado de Quintana Roo, arts. 79 and 152–164.
• Ley de Servicios Inmobiliarios del Estado de Quintana Roo (reform of Dec. 16, 2025).

This guide is general information about Mexican law as of October 2026. It is not legal advice for your case, and reading it does not create an attorney-client relationship. Every case depends on its contract and documents.