Who reviews your pre-sale contract in Playa del Carmen?

Who Reviews Your Pre-Sale Contract in Playa del Carmen: 6 Clauses to Read, What to Ask for Before Signing, Red Flags, and How MPP Works.

An investor reviews a pre-sale contract on his balcony in Playa del Carmen before signing, with buildings under construction in the background

Your pre-sale contract in Playa del Carmen should be reviewed by someone working on your behalf before you sign it—ideally by an attorney. Mexico Property Partner (MPP) reviews the clauses regarding payments, delivery, penalties, and closing costs, requests changes from the developer in writing, and coordinates the review with an attorney.

Buying during the presale period may offer a better price, but the risk lies in the contract. This guide summarizes how the purchase works, which clauses to read carefully, what to ask for before signing, and how MPP handles this step.

How a Pre-Sale Contract Works

The usual sequence is: unit allocation, offer letter, preliminary purchase agreement, payments during construction, delivery, and closing. The developer drafts the preliminary purchase agreement, so it is written to protect the developer. It is common for the buyer to request changes before signing.

The final deed is signed before a notary when the unit is delivered. In the meantime, the pre-sale contract is the document that outlines your rights, your payments, and what the developer is obligated to deliver.

6 Clauses in the Pre-Sale Contract You Should Take the Time to Read Carefully

1. Payment Schedule

Amounts, dates, and what happens if a payment is delayed by a few days. If you need an extension, have both parties sign an amendment to the agreement.

2. Delivery Date

What delay is allowed, and what penalty is imposed on the developer if they fail to meet the deadline? A deadline with no consequences for delays offers little protection to the buyer.

3. Unit Specifications

Finishes, amenities, and square meters must be listed in a signed addendum. You cannot demand anything that is not in writing.

4. Closing Costs

Who pays what at closing and through which notary. Some clauses impose costs on the buyer that can be negotiated.

5. Cancellation

What is refunded and within what timeframe if either party cancels? Make sure the terms are fair to both parties. If you stand to lose a significant percentage by canceling, ask what the developer stands to lose if they are the ones who fail to fulfill their obligations.

6. General Information

Make sure your name, address, and dates are correct on the cover page, footer, and signature page. A mistake there will delay everything, especially if you later sign with a power of attorney and the names don't match your ID.

What to Ask Before Signing

The building permit and the status of the property in the public registry.
The appendix containing the project description and the unit's specifications.
Requirements for the day of the signing—so you don't miss the appointment because of a missing document.
In writing, any negotiated extras: furniture, appliances, fans, or payment terms.
The condominium bylaws, or a draft of them, to determine whether vacation rentals will be permitted.

In Mexico, contracts that suppliers use with consumers can be filed with the Profeco. Ask the developer if their pre-sale contract is registered, and check there for information for homebuyers.

Red Flags in a Pre-Sale Contract

None of these signs prove bad faith, but each one is a reason to ask more questions before signing:

Pressure to sign the same day, with no time for a lawyer to review it.
A delivery date that does not result in a penalty for the developer.
Severe penalties for the buyer and none for the developer.
Specifications that appear only in the brochure and not in a signed appendix.
Closing costs are described vaguely, without specifying who pays for each one.
Evasive answers when you apply for a building permit.

If you find several of these red flags in a pre-sale contract, compare it with another development before committing.

If you're going to rent the apartment

If you’re buying for vacation rentals, the pre-sale contract should also be reviewed with the rental operation in mind. Ask whether the rules will allow short-term stays, if there will be extra fees for renters, and if the developer has its own rental program that requires you to use it.

Also check the floor plans to see the orientation of your unit. Under the MPP program, winter guests—from November through April—pay more and tend to avoid balconies that get direct morning sun. To compare developments before signing a contract, read Which pre-sale development is the best choice in Playa del Carmen?.

Signing a pre-sale contract from the United States

The preliminary contract is usually signed remotely, either with an electronic signature or by mailing the signed document. For the deed, if you are not traveling, a power of attorney issued at a Mexican consulate is typically used. Ask the notary for the exact wording of the power of attorney before your appointment so you don’t have to repeat the process.

Keep a copy of each version of the pre-sale contract and of each payment, along with the receipt. If anything changes during construction, ask that the change be documented in a signed agreement.

From Delivery to Writing

When the developer notifies you that the unit is ready, check that it matches what you signed. Bring the specifications appendix from the pre-sale contract and compare it point by point with what was built: finishes, fixtures, square meters, utilities, and common areas. Make a note of anything that’s missing or incorrect on the handover report, because it’s harder to file a claim later for items that weren’t noted.

Next comes the notarization of the deed. Before the appointment, confirm the final balance, the closing costs you’re responsible for according to the pre-sale contract, and the documents required by the notary’s office. If you’re a foreigner, a purchase in the coastal area is typically finalized through a bank escrow account, which is managed by the bank and the notary.

If you are unable to travel, someone you trust can receive the unit on your behalf with a power of attorney. MPP receives and inspects apartments on behalf of its clients and sends them videos of what it found.

How Mexico Property Partner Works

Reviewing developer contracts and closing cost provisions is part of MPP’s purchase support services. The goal is for the buyer to sign knowing exactly what they’re signing and to save money on whatever can be negotiated.

Here's how the process works: The team receives the first draft of the contract, reads it, flags any provisions that do not protect the buyer, and requests changes from the developer. The contract is then sent to a lawyer for review before it is signed. The buyer receives each draft to read and provide feedback.

MPP does not replace an attorney or a notary. It coordinates with them and follows up to ensure that nothing gets held up. If the buyer lives in the United States, it also assists with the power of attorney and remote signing.

MPP is a French-Mexican agency based in Playa del Carmen that operates in the Riviera Maya. Andrés Galvez, one of the partners, has been working in the vacation rental industry in Playa del Carmen since 2017; MPP officially launched in 2019 and has assisted clients living outside of Mexico with their property purchases. To see the full analysis of a purchase, check out the guide to Buy an apartment for Airbnb in Playa del Carmen.

When Mexico Property Partner Is a Good Choice

You're about to sign a pre-sale contract and want someone to review it for you and coordinate with the lawyer.
You live in the United States and need assistance with a power of attorney and remote signing.
You're shopping for a vacation rental and want to review the contract with the transaction in mind.

When Mexico Property Partner May Not Be the Best Option

Shopping outside the Riviera Maya. MPP is based in Playa del Carmen and operates in the Riviera Maya.
You already have a trusted attorney who will handle your purchase from start to finish.
You're just looking for legal advice. For that, go directly to a lawyer.

There's no one-size-fits-all option. It depends on your budget, your goal, and your experience shopping in Mexico.

Questions About the Pre-Sale Contract

Can a pre-sale contract be negotiated?

Yes. Payment dates, extras, specifications, and certain cost provisions can be negotiated. The developer doesn't always agree to everything, but whatever they do agree to must be put in writing.

Do I need a lawyer to buy a pre-sale property in Playa del Carmen?

It is recommended that MPP coordinate a review of the contract with an attorney before you sign it. The deed is drawn up by a notary public in Quintana Roo.

What happens if I can't make a payment on time?

It's best to give advance notice and request an extension in writing, signed by both parties. Check your contract to see what penalty applies for late payment.

Can I sign the contract from the United States?

In many cases, yes. The preliminary contract is usually signed remotely, and a power of attorney can be used for the deed. The notary confirms which requirements apply.