On January 16, 2026, Decree Number 178 was published in the Official State Gazette of Nuevo León, adding Articles 1720 Bis to 1720 Bis 6 to the Civil Code of the State of Nuevo León, thereby establishing a new legal regime to regulate real estate purchase pre-sales.
Key aspects of the reform:
1. Definition of real estate pre-sale: A pre-sale is the offer to purchase a property that is still under construction, urbanization, or development, for which the holder cannot legally transfer title because the required sales authorization has not yet been obtained.
2. Documentary requirements: The document formalizing the pre-sale must include, among other items, the name and address of the offeror and the recipient, banking details for both, identification of the property, and the date the offer is issued.
3. Building permit: The recipient of the offer must hold a valid building permit or be expressly authorized by the permit holder, with such authority recorded before a notary public.
4. Acceptance period: The recipient has a maximum of three months to accept the offer; if this period expires without acceptance, the offer will be deemed rejected. Acceptance of the pre-sale does not constitute a purchase and sale.
5. Delivery of funds: If the offeror delivers funds (deposit, guarantee, etc.) and these are received by the recipient, the offer will be deemed accepted.
6. Revocation and refund: If the building permit expires or the sales authorization is denied, the offeror may revoke the offer and the recipient must return the funds received, plus legal or contractual interest, within a maximum of 60 calendar days. This right cannot be waived in advance.
7. Penalties: Penalties for breach of obligations may be established for both the offeror and the recipient, enforceable only if the offer was accepted. Immediate revocation of the offer may operate as a penalty if the offeror fails to deliver funds.
8. Entry into force and application: The decree will take effect 60 calendar days after its publication and will not apply to pre-sales carried out beforehand.
Recommendation for real estate developers: It is essential to review and adapt pre-sale processes and documents in line with the new rules, ensuring compliance with legal requirements and proper management of funds and penalties to avoid contingencies and sanctions under the new regulatory framework.
For more information or personalized advice, please contact our real estate team at our office in Monterrey.
Real Estate
Juan S. Vázquez Silveyra / juan.vazquez@ecrubio.com
Sofía Ramírez Necoechea / sofia.ramirez@ecrubio.com
Andrea Santoy / andrea.santoy@ecrubio.com
Fernanda Pompa / fernanda.pompa@ecrubio.com
