The marketing of residential real estate in Mexico is subject to a specific regulatory framework designed to protect consumer rights. Within this framework, NOM-247-SE-2021 establishes the obligations that real estate developers—as well as agents, promoters, and intermediaries involved in the sale of housing—must comply with.
While its primary objective is to strengthen transparency and prevent misleading practices, this standard also imposes significant regulatory requirements that, if not properly addressed, may result in administrative sanctions and substantial legal contingencies.
What Is NOM-247-SE-2021?
NOM-247-SE-2021 is the Mexican Official Standard that regulates the commercial and contractual information applicable to the sale of real estate intended for residential use. Its purpose is to ensure that consumers receive clear, accurate, sufficient, and verifiable information regarding the characteristics, pricing, terms, and scope of the real estate projects they acquire.
To Whom Does It Apply?
Compliance with NOM-247-SE-2021 is mandatory for all parties involved in the marketing of housing, including:
- Real estate developers
- Housing marketers
- Promoters, intermediaries, and suppliers involved in the sale of residential properties
This means that compliance obligations extend beyond the developer and apply to the entire commercial chain.
Scope of Regulatory Compliance
One of the most relevant aspects of NOM-247-SE-2021 is that compliance is not limited to the marketing phase. The standard applies across multiple stages of the real estate process, including:
- Advertising and promotional materials related to the project
- Adhesion contracts and their contractual clauses
- Documentation delivered to buyers
- The developer’s internal processes and control mechanisms
Accordingly, a standalone review of contracts is insufficient without a comprehensive and integrated compliance strategy.
Main Requirements and Obligations
Among the most relevant obligations established under NOM-247-SE-2021 are:
- Providing clear, truthful, sufficient, and verifiable information about the property
- Ensuring that advertising accurately reflects the actual characteristics of the project
- Maintaining duly registered adhesion contracts
- Complying with the prices, terms, and conditions offered
- Respecting consumer rights at all times
- Preserving and maintaining the corresponding supporting documentation
Consequences of Non-Compliance
Failure to comply with NOM-247-SE-2021 may result in various consequences, including:
- The imposition of financial penalties
- Corrective measures and sanctions imposed by PROFECO
- Suspension of commercial activities
- Reputational, administrative, and legal risks for developers and other parties involved
These contingencies may affect not only a specific project, but also the long-term operation and reputation of the business.
Compliance as a Tool for Legal Certainty
Beyond being a regulatory obligation, proper compliance with NOM-247-SE-2021 represents an opportunity to strengthen legal certainty in real estate transactions and build greater trust among buyers.
At Roqueñí Abogados, we advise real estate developers on the review, adaptation, and enhancement of their internal processes, contracts, and marketing strategies, with the goal of ensuring regulatory compliance and preventing legal contingencies.