By the RESMA Real Estate team · San Miguel de Allende · Updated: 11 Nov 2026 · Leer en español

Short answer: a resale home lets you see exactly what you buy and move in sooner; a pre-construction (presale) unit may offer a lower entry price, new systems and some customization, in exchange for delivery and execution risk. In Mexico, developers selling homes to the public must follow NOM-247-SE-2021, which sets minimum information, contract and guarantee requirements.

Side by side

What NOM-247 requires from developers

NOM-247-SE-2021 applies to developers, builders, promoters and others who sell homes to the public, and is enforced by Profeco since September 2022. Among other points:

• The presale must be done through a presale adhesion contract registered with Profeco.
• The developer must display the price and features, the complete executive construction project (plans for site, structure, installations and finishes) and a model.
• Deposits must be documented with a receipt, with clear terms for refunds and penalties.
• Guarantees cannot be shorter than five years for structural issues, three years for waterproofing and one year for other elements, counted from actual delivery.
• The contract must state delivery conditions and date; unjustified delays give rise to the agreed penalty or damages.

What to review in each case

Resale

• Deed, liens and tax and utility receipts.
• Construction licenses for the existing building and any additions.
• A professional inspection.
• Condominium rules and fees, if any.

Pre-construction

• Land ownership and the developer's authority to sell.
• Construction license, land-use and condominium authorizations.
• The registered presale contract: payment schedule, delivery date, penalties, changes and cancellation.
• The developer's track record in completed projects.
• How and when the individual deed will be signed.

A note on numbers

Presale discounts are sometimes presented as guaranteed returns. They are not. If you model a scenario, include the full price, closing costs, the time your money is committed, possible delays and the price of comparable finished homes when yours is delivered.

Frequently asked questions

Is buying pre-construction in Mexico safe?

It can be, when the developer has the land, permits and a registered contract, and has completed similar projects. NOM-247 sets minimum protections, but each project must be reviewed.

What guarantees does a new home have?

Under NOM-247, developers must offer at least five years for structural issues, three for waterproofing and one for other elements, from actual delivery.

Does NOM-247 apply when an individual sells me a resale home?

It applies to developers, builders, promoters and others who sell homes to the public. A private resale is reviewed mainly through the deed, permits and an inspection.

Related reading

• What Can $500,000 USD Buy in San Miguel de Allende?
• Is San Miguel de Allende Real Estate Overpriced? What the Data Can—and Cannot—Tell Us
• The Costs of Buying a Home
• The Role of the Notario Público
• Browse homes for sale

Sources

• NOM-247-SE-2021, information and contracts for the sale of homes (DOF 22 Mar 2022)
• Profeco, NOM-247 contract registration guidance
• Ley de Ingresos para el Municipio de San Miguel de Allende, Gto., 2026

Sources and data consulted on 11 Nov 2026.