Your developer missed the delivery date. What now?

Pre-construction purchases are common across the Riviera Maya, and so are late deliveries. A missed date is not always a lost investment, but the steps you take in the first weeks shape every option you have later.

Start with the contract

Most pre-construction sales are documented in a promissory agreement (contrato de promesa de compraventa). Before doing anything else, find these clauses:

• The delivery date and any grace period.
• Force majeure or "acts of God" language the developer may rely on.
• The penalty clause (pena convencional) for late delivery, if there is one.
• Refund and termination terms for each side.
• Which courts and which laws govern disputes.

Gather your evidence

Put everything in one place now, while it is still easy to find: every payment receipt and wire confirmation, the signed contract and any amendments, emails and WhatsApp messages with the developer or broker, the original marketing materials and floor plans, and recent photos of the site. Check whether the project's construction license is current with the municipality.

Send a formal demand

A formal written demand (requerimiento), ideally delivered in a way that proves receipt, creates a clear record of the breach and of what you are asking for. Depending on the contract, it may also be needed to place the developer formally in default. Many disputes start moving only after this letter arrives.

Your options under Mexican law

As a general rule, Mexican law lets the affected party choose between demanding performance or terminating the contract, and claim damages in either case. In practice that means three paths:

1. Negotiate a new deadline. In exchange for waiting, you obtain a written amendment with a firm date, a penalty and, where possible, a guarantee.
2. Demand delivery. You ask the court to order the developer to deliver the unit as agreed, plus any contractual penalty or damages.
3. Terminate and recover your money. You ask for rescission of the contract, return of what you paid, and the penalty or damages the contract and the law allow.

In some cases your attorney can also ask the court to record the lawsuit on the property's entry at the Public Registry, so the unit cannot be sold to someone else free and clear while the case is pending.

PROFECO

When you bought as a consumer from a developer, you may also file a complaint with PROFECO, Mexico's consumer protection agency, which supervises real estate sales practices. PROFECO's conciliation is free and can produce a quick agreement, but it cannot force a developer to pay the way a court judgment can. It does not replace legal action when significant money is at stake.

Settlements that actually bind

If you reach an agreement with the developer, put it in a settlement agreement (convenio) and, where possible, submit it to the court for approval. An approved settlement can be enforced like a judgment, which makes a difference if the developer later fails to pay.

This guide is general information about Mexican law, current as of its publication date. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.