What to Do if your Pre-Sale Property Has not been Built
Buying a property in pre-sale can be an excellent decision if you choose well. But it can also become a frustrating experience when time passes and your property is still not built. If this is your case, and you are wondering what to do if your pre-sale property has not been built, this article is for you.
Whether you live in Mexico or are a foreigner, the first thing you should know is that you are not alone. This is one of the most common problems in developing markets such as the Riviera Maya, where pre-sale is a common practice. Below, I explain step by step how to handle this situation intelligently and without letting time work against you.
1. Review what you signed
The first step is to review the purchase agreement. What is the stipulated delivery date? Does it include extension clauses or penalties for delay? Is it signed before a notary? These details are key to knowing if the developer is legally breaching the contract or is simply within an allowed margin. If the deadline has passed and there is no progress, you can start to act.
2. Request a written update
Many buyers are left waiting for calls or unclear answers. My recommendation is to request a formal letter or document from the developer explaining the reason for the delay and indicating a new estimated delivery date. This not only gives you clarity, but also serves as evidence if you decide to take legal action or negotiate conditions.
3. Verify if your pre-sale property has not been built
A physical visit or an updated report of the land can give you clarity. Are there already municipal permits? Have preliminary works begun? Or is everything the same as when you signed? You can also ask for photos, videos, or even talk to other buyers of the same development to compare information. If your pre-sale property has definitely not been built, it is time to act more firmly.
4. Seek advice from a professional
At this stage, having a real estate advisor or specialized lawyer can make a difference. I help many clients interpret contracts, review legal options, analyze if there are grounds to cancel and recover the money or renegotiate with better terms. You do not need to go to court to protect your investment, but you do need a strategy.
5. Negotiate before entering into conflict
Before initiating any lawsuit, consider if you can reach an agreement. Some developers offer to switch you to another unit, restructure dates, or even include additional benefits if you decide to wait. The key is to negotiate with solid arguments, backed by what you signed, and without giving up your rights as a buyer.
What if You Have not yet Bought in Pre-Sale?
If you are thinking of buying in pre-sale but do not want to make mistakes, this is the best time to get advice. I can help you analyze projects, investigate the developer, read contracts before signing, and explain what warning signs you should take into account. Buying well from the beginning avoids this type of problem. You can also review some properties that are worth it on my site.
What to Do if your Pre-Sale Property Has not been Built and You Have Already Paid
If you have already made significant payments and there is no progress on the construction, it is essential to have everything documented. Gather receipts, transfers, and any communication with the developer. These backups can help you in case of requesting a refund, contract termination, or even initiating a collective action if there are more affected buyers. Each case is different, but there are solutions. Write to me and we will review it.
Are you worried about your investment? I can help you.
If your pre-sale property has not been built, do not remain silent. Write to me and we will review your case together. I can guide you, help you negotiate, or find alternatives for you to take control of your investment. I am on your side, not the developer’s.
