The Federal Consumer Protection Office (prophet) it says ready to implement the Mexican Official Standard (NOM) 247 regarding business practices in real estate operations; however, it has the support of the Ministry of Finance in case it requires extra personnel, as confirmed by its Legal Deputy Attorney, Francisco Javier Chico Goerne Cobián.
During a webinar of the Tiburones Inmobiliarios platform, the official of prophet indicated that, although is NOM it only clears up a few points that already contains the Federal Consumer Protection Law, one of the important issues is the registration of adhesion contracts that must be done in this instance, in order to prevent them from containing clauses that harm those who buy a property for living place.
“The position of the institution is to offer all the subjects such as suppliers, builders, fractionators or promoters, who intervene in these acts (of real estate operations), all the facilities that can be made to register the contracts… There is the promise of the Ministry of Finance to authorize a significant number of personnel, in case it is necessary for the records, but the truth is that the institution is prepared to take on that challenge,” the official stressed.
The approved budget for prophet during this year it is 1,054 million pesos.
According to estimates by Tiburones Inmobiliarios, there are 550,000 people in the country dedicated to the commercialization of real estate, which means that at least the same number of service adhesion contracts would have to be registered in the coming months, to comply with with the NOM.
In this sense, Chico Goerne Cobián commented that currently the prophet features:
- 5,554 registered contracts for the sale of a property.
- 8 promise of sale.
- 771 for intermediation for the sale.
- 504 in terms of pre-sale of a property.
According to the official, with the NOMnow it will also be obligatory to register the contracts that are used for the sale of land destined for homes, of which Profeco currently has six registered and that were registered voluntarily as the obligation has not yet come into force.
In this context, the following contracts are those that must be registered with the prophet:
- Promise of sale of real estate intended for a home.
- Pre-sale in the sale of real estate for a home.
- Purchase and sale of real estate for a home.
- Sale of land with residential land use.
- Intermediation for the sale of real estate for home
- Any legal act prior to the formalization of the sale of real estate intended for home use, without a specific denomination, other than those previously indicated.
Source: prophet.
The contracts that are registered before the prophet They serve to, in the first instance, avoid clauses that harm the consumer and, in the second, provide evidence that proves the elements of the claim in the event of a judicial or conciliation process.
WILL NOT BE CHANGED SOON
In the real estate ecosystem, there are still many doubts about this rule, which will enter into force next September; however, for the prophetGiven this scenario, it is necessary to allow its implementation to mature, so a change is not in sight soon.
“It is not so easy to be able to change it, it will not be possible because the NOM It has had a very long period of gestation and it will not be so easy to go back to changes… A regulation of this type will have to be given time to see its application, its viability and its operability,” said the official of the prophet.
Although for the real estate ecosystem there are still doubts regarding the concepts of real estate activities, Chico Goerne Cobián noted that for the staff of the prophet the definitions are clear, so there is no need to doubt the authority when verifying compliance with the standard.
