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Modern Commercial Building

Amendment to the Civil Code of Nuevo León on Real Estate Presales: Key Implications for Developers

  • Writer: Newlex
    Newlex
  • Jan 14
  • 2 min read


The Plenary of the Congress of the State of Nuevo León recently approved an amendment to the Civil Code that expressly regulates real estate presales, a common practice in projects under construction or development. The main objective of the amendment is to strengthen legal certainty for the parties involved and to establish clear rules on who may make purchase offers, when, and under what conditions.

This regulatory change introduces specific requirements and obligations that directly affect how developers structure and execute their marketing and sales strategies in the state.


Key Points of the Amendment


Among the most relevant aspects of the amendment are the following:


  • Condition to offer presales: Presales may only be offered when the project has a valid construction license.

  • Authority to receive offers: Only the holder of the construction license, or a party with express authority granted by that holder, may receive purchase offers.

  • Validity period of the offer: The purchase offer must be accepted within a maximum period of three months; otherwise, it will be deemed legally rejected.

  • Advances and deposits: The delivery of advances or deposits by the buyer implies automatic acceptance of the offer.


In addition, the amendment reinforces the duty of transparency, requiring the offeror to promptly inform buyers if the construction license expires or if sales authorization is denied. In such cases, the developer must return the deposit received, including the corresponding interest.


Effective Date and Practical Considerations


The decree is still pending publication in the Official Gazette of the State. Once published, a 60-day period will begin before it enters into force, providing a relevant window for planning and adjusting internal processes.


For developers with projects in Nuevo León, this amendment makes it advisable to review sales and presale structures now, as well as contractual documentation and deposit-handling mechanisms, to anticipate adjustments and mitigate legal risks before the amendment becomes enforceable.


At Newlex, we work with developers and investors to review and adapt their legal sales frameworks to align them with the new regulatory environment.

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