Most problems I see with presales on the Riviera Maya don't start at the construction site or at delivery. They start at signing.
Not necessarily because the contract is bad. But because the buyer signed without having reviewed the documents that would give them certainty about what they're buying.
It's not negligence. It's that nobody told them what to ask for.
These are the seven documents that at Reference we request from the developer before recommending any presale to a client. They're not difficult documents to obtain. A serious developer has them available. One who can't present them is already telling you something important.
1. Land deed or property title
The first document to request is the deed for the land where the project will be built, duly registered with the Quintana Roo Public Property Registry.
This document confirms two fundamental things: that the developer has legal rights over the land where they're going to build, and that the land has no liens, attachments or pending litigation that could affect your property in the future.
Also request the certificate of no liens, which confirms the land is free of debts. This certificate has limited validity, so request a recent one.
2. Municipal construction permit
The construction permit is the authorization issued by the municipality allowing the developer to build that specific project on that specific land.
Without a construction permit, the project is building irregularly. That means the municipality can order a work stoppage at any time, and upon completion the developer won't be able to obtain the certificate of habitability that allows the property to be legally occupied or rented.
Verify the permit is current and that the number of authorized units and floors corresponds exactly to what the developer is selling you. There are cases where the permit authorizes fewer units than are being marketed.
3. Environmental impact authorization
The Manifestación de Impacto Ambiental, known as MIA, is the assessment that Semarnat requires for projects that may affect the environment.
In the Riviera Maya, virtually any development of significant scale requires an approved MIA. The region has mangroves, cenotes, jungle and underground water bodies protected under federal law. A development without an approved MIA is violating federal environmental legislation, with consequences that can include work stoppages, fines and demolition.
Request the resolution number and approval date. With that information you can verify the authorization directly in Semarnat's public system.
4. Compatible land use certificate
Land use is the classification the municipality assigns to each piece of land, determining what type of construction is permitted on it.
Land with agricultural or conservation zoning cannot be developed as a residential condominium, even if the developer is selling it as such. In the Riviera Maya there are projects that have been sold for years on land with incompatible zoning.
Request the land use certificate issued by the municipality of Playa del Carmen or the corresponding municipality, specifying the permitted use for that property and confirming it's compatible with the type of development being sold to you.
5. Registered condominium regime
The condominium regime is the legal structure that allows selling individual units within a building or complex. Without this regime duly registered with the Public Property Registry, each apartment or house has no independent legal existence as a separate unit.
This means you technically cannot buy something that doesn't legally exist as a separable unit. Request the deed constituting the condominium regime and verify it's registered with the Public Property Registry.
6. Adhesion contract registered with PROFECO
Presales in Mexico must be formalized through an adhesion contract registered with PROFECO, Mexico's Federal Consumer Protection Agency.
This registration doesn't guarantee the contract is perfectly balanced, but it does confirm it meets the minimum legal requirements to protect the buyer. A contract without PROFECO registration leaves the buyer in a weaker legal position if there are problems with delivery.
Request the contract's PROFECO registration number before signing.
7. Trust or delivery guarantee
If you're going to make payments during construction, and in a presale that's almost always the case, you need to know what happens to your money if the project isn't completed or the developer has financial problems.
The best protection is an administration trust where payments don't go directly to the developer but to an account controlled by a trustee, usually a bank, that releases funds as construction progresses. Request the trust terms and the name of the trustee bank.
If there's no trust, ask what guarantee exists for the return of your money in case of non-compliance. If the answer is vague or nonexistent, that's already important information.
A note on the process
Requesting these documents is not distrust. It's the correct process for any real estate transaction of this size.
A serious developer has all these documents available and has no problem showing them. One who evades, says they're in process when construction has been underway for months, or says it's not customary to ask for them, is already telling you something worth hearing.
At Reference we review these seven documents before incorporating any project into our portfolio. If you're evaluating a presale in Playa del Carmen or anywhere on the Riviera Maya and want to review these documents with us before signing, we'd be glad to help.
This article is for informational purposes only and does not constitute legal advice. For personalized legal guidance, consult with a lawyer specialized in real estate law.
Nat Vázquez
Certified Real Estate Advisor · Reference Real Estate
📍 Playa del Carmen, Quintana Roo
📱 +52 (984) 195-0103
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