In order to guarantee that the marketing services performed by suppliers that have the character of fractionators, builders, developers and other persons who intervene in the advice and sale to the public in national territory of properties intended for houses, as well as the contracts of said services, this Friday the NOM Project for the sale of housing was published in the Official Gazette of the Federation (DOF), which enters a period of 60 days of consultation.

In PROY-NOM-247-SE-2021, it is established that the objective is “to ensure fairness and legal security within said commercial and contractual relationships, thus avoiding possible abuses to the detriment of consumers”.

It sets out the informational requirements for the commercialization of real estate for a home, as well as the minimum elements that the purchase and sale contracts of said real estate must contain and its purpose is to guarantee the effective protection of the rights of consumers of these services.

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It is applicable only to suppliers who are developers, builders, developers and other people who take part in the advice and sale to the public of real estate for residential homes.

Article 73 of the Federal Consumer Protection Law (LFPC) states that adhesion contracts related to acts that refer to real estate must be registered with Profeco, so that they do not imply disproportionate benefits, unfair obligations or abusive by consumers or with a high probability of non-compliance.

It is determined that every supplier is obliged to inform and respect the prices, rates, guarantees, quantities, measured qualities and interests, charges, terms, restrictions, deadlines, dates, modalities, reservations and other applicable conditions in the commercialization of goods, products or Services, especially those that have been offered, obligated or agreed with the consumer for the delivery of the good or provision of the service and under no circumstances may they be denied to any person, as well as their information.

Regarding advertising, it is established that it must be truthful, verifiable, clear and free of dialogue, sounds, images, brands, designations of origin and other descriptions that induce or may induce error or confusion due to misleading or abusive behavior, therefore The information on properties marketed in the national territory that are intended for residential homes must meet these characteristics.

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Likewise, it is necessary to harmoniously regulate the different concepts established by said ordinance and consider the provisions of others in terms of standardization, social housing, urban development, civil protection, protection of personal data in the provision of real estate marketing services. destined to house rooms within the national territory, for the purpose of protecting the interests of consumers.

Regarding accessories, that is, goods that the supplier includes as part of the commercialization such as parking lots, warehouses, laying cages, utility rooms, the latter, in case it is not within the property or any other type of goods that They are not part of the property and whose exclusive use is the responsibility of the consumer.

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