What should you check before buying pre-construction in Punta de Mita?

The laws quoted here are the versions published by Mexico's Chamber of Deputies; the NOM, the one published by the Ministry of Economy. All were read on October 17, 2026. The English wording is ours; the Spanish text is the one that counts. PROFECO is Mexico's federal consumer protection agency.

What does buying pre-construction mean?

You buy a lot or a condo before construction is finished. With a lot, what may still be missing is the community's infrastructure: streets, utility lines and services. With a condo, the building itself is missing, or part of it.

You pay today for something you get later. So what protects you is what's in writing: the contract, its attachments and the documents the law says the seller must make available. If your question is legal, your notario (a government-appointed lawyer, not a notary public) or your own lawyer is the one to answer it.

The table above shows what Esteban is selling pre-construction in the area today, with its date. This guide covers what to ask for before you pay for any of those, or for anything else.

What are the risks, and how does the paperwork cover them?

Each risk has a document that covers it. Ask for it before you pay, not after.

Images of a pre-construction project are illustrative renderings. What you get is what your contract says.

Contracts used by home sellers must be registered with PROFECO (art. 73). Any difference between the registered text and the one you're handed is treated as not written (art. 86 Quater). That's why it pays to compare the two before you sign.

Which documents should you ask for before the deposit?

The reservation deposit (apartado) is the first payment that holds the lot or condo for you. Before you pay it, ask for the contract in writing. A seller cannot accept any payment until the contractual relationship is in writing, except investigation expenses (art. 75).

Article 73 Bis of the Federal Consumer Protection Law requires sellers to make available, among other things:

• The full construction project and scale model, for pre-construction (sec. I).
• Ownership documents and lien information (sec. II).
• The seller's standing and authorization to promote the sale (sec. III).
• Permits and licenses for construction, land use and utilities (sec. V).
• Structural, architectural and installation plans (sec. VI).
• Payment options, closing costs and cancellation terms (secs. IX, XI and XII).

For lots, NOM-247-SE-2021 (numeral 4.10) applies its terms, except those specific to housing. It also requires the contract to be registered with PROFECO. Ask for the registration number and look it up in PROFECO's Public Registry of Adhesion Contracts. Advertising must include that number (NOM, numeral 5).

Also ask for a lien certificate from Nayarit's Public Registry of Property. It's requested with the property's folio real or registry reference. Our guide on verifying a developer goes through each document in more detail.

Who do you pay?

The developer, into the account named in the contract, and you get a receipt (NOM-247-SE-2021, numeral 4.4). Never into an agent's personal account, Esteban's included, and never by message. If anyone asks you to do otherwise, stop and check directly with the developer.

The same numeral requires the seller to tell you beforehand that the down payment will be applied to the price. The seller must also tell you how to request a refund. Get that explanation in writing before you put down a deposit.

The agent who helps you should carry an ID showing a name, its validity and a phone number for complaints (NOM, numeral 5.5). Ask any agent for it, Esteban included.

What if construction runs late?

The contract sets the delivery date and what happens if it slips. Read it before you put down a deposit, not after. Look for four things:

• The delivery date or term, written in the contract and not only in the marketing.
• What happens if the developer doesn't deliver on time.
• The cancellation terms, and whether and how you get your money back.
• How you'll be told if the date changes.

If the contract doesn't cover one of these, ask for it in writing before you sign. The date in the table above is the one the developer publishes. The one that counts is the one in your contract.

How does pre-construction compare with something finished?

In the Punta de Mita area, including Higuera Blanca and Litibú, a pre-construction purchase can be a lot or a condo. What you're waiting for is different in each case.

With a lot, the wait doesn't end at delivery. Next comes building your home, with its own permits and timeline. With a condo, the construction comes with the keys.

Ask about HOA fees and the community's building rules too. Get them in writing, like everything else.

Something finished you can see before you pay. With pre-construction you see the land or the job site, and the rest is on paper. Book a visit: walk the site before you put down a deposit.

What this guide does not cover

It does not rate any specific developer or unit. It gives no figures for closing costs or taxes, and no value forecasts. It does not explain the bank trust (fideicomiso) for foreign buyers either, which has its own guide.

This guide is informational. It is not legal, tax or financial advice. If your question is legal, your notario or lawyer is the one to answer it.