NOM 247
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Official Mexican STANDARD NOM-247-SE-2021, Commercial Practices-Requirements for commercial information and advertising of real estate intended for housing and minimum elements that related contracts must contain.In the margin a stamp with the National Coat of Arms, which reads: United Mexican States.- ECONOMY.- Ministry of Economy.- Regulations, Competitiveness and Competition Unit.- General Directorate of Standards.OFFICIAL MEXICAN STANDARD NOM-247-SE-2021, ” COMMERCIAL PRACTICES-REQUIREMENTS FOR COMMERCIAL INFORMATION AND ADVERTISING OF REAL ESTATE ASSETS INTENDED FOR HOMES AND MINIMUM ELEMENTS THAT MUST BE CONTAINED IN RELATED CONTRACTS ” . ALFONSO GUATI ROJO SÁNCHEZ, General Director of Standards and President of the National Consultative Committee for Standardization of the Ministry of Economy (CCONNSE), based on articles 34 sections II, XIII and XXXIII of the Organic Law of the Federal Public Administration; 4 of the Federal Law of Administrative Procedure; 3 section XI, 39 sections V and XII, 40 sections III, VII and XII, 41, 47 section IV of the Federal Law on Metrology and Standardization; 28 and 34 of its Regulations; Third and Fourth Transitory of the Decree by which the Quality Infrastructure Law is issued and the Federal Law on Metrology and Standardization is repealed; 36 sections I, II, IX and X of the Internal Regulations of the Ministry of Economy; CONSIDERING That on May 20, 2021, in the Eighth Extraordinary Session of the National Advisory Committee for Standardization of the Ministry of Economy (CCONNSE), the publication of the Draft Official Mexican Standard PROY-NOM-247-SE-2021, ” Practices Requirements for commercial information and advertising of real estate intended for housing and minimum elements that related contracts must contain ” , which was carried out in the Official Gazette of the Federation on June 11, 2021, in order for the interested persons will present their comments; That during a period of 60 calendar days from the date of publication of said Draft Official Mexican Standard, the Regulatory Impact Analysis referred to in articles 45 and 47 of the Federal Law on Metrology and Standardization, was available the general public for consultation; and that within the same term, the interested persons submitted comments on the content of the aforementioned Draft Official Mexican Standard, which were analyzed and studied by a working group approved and installed by the CCONNSE, making the modifications leading to the Draft Official Standard Mexican; That the Regulatory Impact Analysis referred to in Chapter III of the Third Title of the General Law on Regulatory Improvement, was submitted for consideration by the National Commission for Regulatory Improvement, issuing the Final Opinion by said Commission on November 29 of 2021, through official letter No. CONAMER/21/5187. That on September 24, 2021, the CCONNSE approved the publication of the Official Mexican Standard NOM-247-SE-2021, ” Commercial practicesRequirements for commercial information and advertising of real estate for residential homes and minimum elements that must contain the related contracts ” , Mexico City, February 16, 2022.- The General Director of Standards and President of the National Advisory Committee for Standardization of the Ministry of Economy, Lic. Alfonso Guati Rojo Sánchez .- Heading. OFFICIAL MEXICAN STANDARD OFFICIAL MEXICAN STANDARD NOM-247-SE-2021, ” COMMERCIAL PRACTICES -REQUIREMENTS FOR COMMERCIAL INFORMATION AND ADVERTISING OF REAL ESTATE ASSETS INTENDED FOR HOMES AND MINIMUM ELEMENTS THAT MUST BE CONTAINED IN RELATED CONTRACTS “ CONSIDERING That it is the responsibility of the Federal Government to procure the measures that are necessary to guarantee that the marketing services carried out by providers that have the character of fractionators, builders, promoters and other persons involved in advising and selling to the public in national territory of properties destined for home, as well as the contracts related to said services, comply with the information requirements and other necessary elements to guarantee the aspects of commercial information to achieve effective consumer protection. The foregoing, seeking equity and legal security within said commercial and contractual relationships, thus avoiding possible abuses to the detriment of consumers. That Chapter VIII of the Federal Consumer Protection Law, relating to real estate operations , establishes various requirements that providers must observe when they are developers, builders, promoters and other persons involved in advising on and selling to the public housing for home, including those related to: (i) information that must be made available to the consumer, (ii) the requirements of the adhesion contracts, (iii) the minimum elements of the guarantees, (iv) the right of the consumers to compensation for defects or serious failures, and (v) obligations in deliveries. That article 73 of the Federal Consumer Protection Law states that contracts related to acts that refer to real estate must be registered before the Federal Consumer Attorney’s Office . The foregoing, so that said adhesion contracts do not imply disproportionate benefits, inequitable or abusive obligations by consumers, or with a high probability of non-compliance. That article 7 of the Federal Consumer Protection Law establishes that every provider is obliged to inform and respect prices, rates, guarantees, quantities, qualities, measures, interests, charges, terms, restrictions, deadlines, dates, modalities, reservations and other applicable conditions in the commercialization of goods, products or services, on all those that have been offered, obliged or agreed with the consumer for the delivery of the good or provision of the service, and under no circumstances will these goods, products or services be denied to any person, as well as their information . That article 32 of the Federal Consumer Protection Law states that information and advertising must be truthful, verifiable, clear and free of dialogues, sounds, images, brands, denominations of origin, and other descriptions that lead or may lead to error or confusion due to being misleading or abusive, so the information related to properties marketed in national territory that are intended for residential use must comply with said characteristics. That, without prejudice to the provisions of the Federal Consumer Protection Law, it is necessary to harmonically regulate the different concepts established by said ordinance and to consider the provisions of other ordinances regarding standardization, social housing, urban development, civil protection and protection of personal data, in the provision of commercialization services for real estate for residential homes within the national territory for the purpose of protecting the interests of consumers. That section XII of article 40 of the Federal Law on Metrology and Standardization establishes as a purpose of the Official Mexican Standards the determination of commercial, quality, and safety information and the requirements that the advertising of products and services must meet for provide information to the consumer or user. That section XIII of article 10 of the Quality Infrastructure Law considers the protection of the right to information as a legitimate objective of public interest. In this sense, the Official Mexican Standards are established as the ideal instrument for the protection of consumer interests. PREFACE The elaboration of this Official Mexican Standard is the responsibility of the National Consultative Committee for Standardization of the Ministry of Economy (CCONNSE), the Working Group was integrated voluntarily by the following actors: · NATIONAL ASSOCIATION OF AC SUPERVISION COMPANIES (ANCSAC) · MEXICAN ASSOCIATION OF REAL ESTATE PROFESSIONALS AC (AMPI). CADU REAL ESTATE, SA DE CV · NATIONAL CHAMBER OF THE HOUSING DEVELOPMENT AND PROMOTION INDUSTRY (NATIONAL CANADEVI). · MEXICAN CHAMBER OF THE CONSTRUCTION INDUSTRY (CMIC). · NATIONAL CHAMBER OF THE HOUSING DEVELOPMENT AND PROMOTION INDUSTRY (CANADEVI) (NUEVO LEON). CASAS JAVER, SA DE CV · COLLEGE OF NOTARIES OF THE JUDICIAL DISTRICT BRAVOS AC · NATIONAL COLLEGE OF MEXICAN NOTARIATS AC · CONFEDERATION OF NATIONAL CHAMBERS OF COMMERCE, SERVICES AND TOURISM (CONCANACO-SERVYTUR). · CONFEDERATION OF INDUSTRIAL CHAMBERS OF THE UNITED MEXICAN STATES (CONCAMIN). ARA SAB de CV CONSORTIUM · DEREX RESIDENTIAL DEVELOPMENT, SA DE CV MAR-LO SA DE CV DIVISION · SECURITY HOUSING FUND AND SOCIAL SERVICES FOR STATE WORKERS (FOVISSSTE). SADASI SAPI DE CV GROUP · HOGARES UNION, SA DE CV · INSTITUTE OF THE NATIONAL HOUSING FUND FOR WORKERS (INFONAVIT). · NATIONAL ORGANISM FOR STANDARDIZATION AND CERTIFICATION OF CONSTRUCTION AND BUILDING SC (ONNCCE). · FEDERAL CONSUMER ATTORNEY’S OFFICE (PROFECO). o General Directorate of Adhesion Contracts, Registries and Self-financing. o General Directorate of Complaints and Conciliation. o General Directorate for Verification and Defense of Trust. · SAFE HOME PROGRAM. · SECRETARY OF ECONOMY. o General Directorate of Standards VINTE REAL ESTATE ( VINTE INTEGRAL HOUSES, SAB DE CV) · PUBLIC NOTARY 210 State of Sinaloa. · NOTARY PUBLIC 248 State of Sinaloa. IT LAWYERS SC TABLE OF CONTENTS 1. Objective and field of application 2. Normative references 3. Terms, definitions and abbreviated terms 4. General provisions 5. Information and publicity 6. Adhesion contract 7. Guarantees 8. Additional Services 9. Deed and Public Notaries 10. Bonus 11. Social interest housing 12. Procedure for conformity assessment Appendix B (Regulatory) List of documentary evidence to be presented to the inspection unit 13. Surveillance 14. Concordance with international standards Appendix A (Regulatory) Content of the bill of rights 15. Bibliography 1. Objective and field of application. This Official Mexican Standard establishes the information requirements for the commercialization of real estate intended for housing, as well as the minimum elements that must be contained in the purchase and sale contracts of said real estate, and its purpose is to guarantee the effective protection of consumer rights. of these services. It is applicable only to providers who are developers, builders, developers and other persons involved in advising on and selling to the public properties intended for residences. This Official Mexican Standard is of general and obligatory observance for all individuals or legal entities that, in accordance with the previous paragraph, are dedicated directly or indirectly to marketing real estate to the general public in the Mexican Republic. 2. Normative references. The following current documents or those that replace them are essential for the application of this Official Mexican Standard: 2.1 AGREEMENT issued by the Federal Consumer Attorney’s Office establishing the Guidelines for the Analysis and Verification of Information and Advertising, published in the Official Gazette of the Federation on July 24, 2012. 3. Terms, definitions and abbreviated terms. For the purposes of this Official Mexican Standard, the following terms, definitions and abbreviated terms apply in the singular or plural without distinction : 3.1 accessories goods that the supplier includes as part of the commercialization such as parking lots, warehouses, laying cages, service rooms, the latter in case they are not inside the Property, or any other type of goods that are not part of the Property and whose exclusive use is the responsibility of the consumer. 3.2 NOM Official Mexican Standard. 3.3 advance Amount of money that the consumer pays in advance to the supplier on account of a future sale of real estate intended for residential use. 3.4 privacy notice physical, electronic document or in any other format generated by the person in charge that is made available to the owner, prior to the processing of their personal data, in accordance with articles 3 and 15 of the LFPDPPP, the RLFPDPPP and the Guidelines of the Privacy Notice . [Source: numeral 15.13 Bibliography] 3.5 dealer sales natural or legal person who, by virtue of a contractual relationship entered into with the provider, is authorized by the latter to carry out the promotion for the commercialization of homes autonomously and with their own human and material resources . 3.6 builder physical or moral person in charge of executing the work in accordance with the executive project authorized by the competent authority, which will also have the quality of Supplier. 3.7 consumer person who acquires a property intended for the use of a home from a provider who has the character of developer, builder, promoter or person who intervenes in advising and selling these properties to the public, in accordance with the provisions of article 73 of the LFPC. [Source: numeral 15.8 Bibliography] 3.8 adhesion contract document prepared unilaterally by the supplier to establish in uniform formats the terms and conditions applicable to the commercialization and acquisition of real estate intended for housing, in terms of article 85 of the LFPC. [Source: numeral 15.8 Bibliography] 3.9 adhesion contract of sale agreement of wills entered into between the persons qualified as suppliers by article 73 of the LFPC, who are obliged to transfer the ownership of real estate intended for the use of housing and the consumer, who is obliged to pay for them a certain price and in money . Likewise, it contemplates everything stipulated regarding the adhesion contract. [Source: numeral 15.8 Bibliography] 3.10 adhesion contract for the sale of land agreement of wills entered into between the persons qualified as suppliers by article 73 of the LFPC, who undertake to transfer the ownership of land intended for residential use, and the consumer, who undertakes to pay for them a certain price and in money. Likewise, it contemplates everything stipulated regarding the adhesion contract. [Source: numeral 15.8 Bibliography] 3.11 intermediation adhesion contract for the acquisition of real estate for housing agreement of wills entered into between the persons qualified as suppliers by article 73 of the LFPC, who act as promoters and other persons involved in advising on and selling real estate for residential use, and the consumer, who undertakes to pay the price true and in money for said service. [Source: numeral 15.8 Bibliography] 3.12 adhesion contract of promise or preparatory sale agreement of wills in which the parties contractually and in writing assume the obligation to enter into a contract for the future sale of a property in a specific period of time and conditions. The promise or preparatory contracts for the purchase and sale of real estate must contain the characteristic elements of the definitive purchase and sale adhesion contract. 3.13 real estate pre-sale adhesion contract modality of real estate purchase and sale contracts, subject to a suspensive condition consisting of the provider agreeing to build a property and the consumer agreeing to make an advance payment as consideration, generally at a preferential price or under conditions different from those corresponding to a built property. Sometimes, the modality of the promise of sale contract is used. 3.14 personal data any information concerning a natural person, identified or identifiable, in accordance with article 3, section V, of the LFPDPPP. [Source: numeral 15.13 Bibliography] 3.15 sensitive personal data personal data that affect the most intimate sphere of its owner, or whose improper use may give rise to discrimination or entail a serious risk for it. In particular, those that may reveal aspects such as racial or ethnic origin, present and future state of health, genetic information, religious, philosophical and moral beliefs, union affiliation, political opinions, sexual preference are considered sensitive, in accordance with article 3, fraction VI, of the LFPDPPP. [Source: numeral 15.13 Bibliography] 3.16 serious defect or failure damage or failure that affects the structure or facilities of the property, compromising its full use or safety thereof, or preventing the consumer from using, enjoying or enjoying it according to its nature or destination, under the terms of article 73 QUINTUS of the LFPC. [Source: numeral 15.8 Bibliography] 3.17 hitch In the case of contracts for the sale of real estate in installments or on credit, it is the initial amount paid by the consumer to the supplier at the time the contract is signed to ensure the sale of the property, and that together with the other payments or amortizations stipulated They are part of the total price of the property. 3.18 fractionator physical or moral person who habitually or periodically is dedicated to segmenting real estate for residential housing , which will also have the quality of provider. 3.19 FOVISSSTE Housing Fund of the Institute of Security and Social Services for State Workers. 3.20 guarantee Obligation assumed by the supplier or third party to protect the consumer during a determined term or use, against possible deficiencies of the property, its structure and finishes in accordance with the specifications of the guarantee itself. 3.21 operating expenses expenses other than the sale price that the consumer must make, such as deed expenses, taxes, appraisal, administration, credit opening and investigation expenses, if applicable, the costs for accessories or complements, which must be duly verified and supported by the consumer. 3.22 property well that it cannot be moved from one place to another without altering in some way, its form or substance, intended for residential use and that for the purposes of this NOM they will refer indistinctly to homes and land. 3.23 INFONAVIT Institute of the National Housing Fund for Workers. 3.24 LFPC Federal Law for Protection of the Consumer. [Source: numeral 15.8 Bibliography] 3.25 LFPDPPP Federal Law on Protection of Personal Data Held by Individuals. [Source: numeral 15.13 Bibliography] 3.26 LGAHOTDU General Law of Human Settlements, Territorial Planning and Urban Development. [Source: numeral 15.11 Bibliography] 3.27 LGPC General Civil Protection Law. [Source: numeral 15.12 Bibliography] 3.28 LFPPI Federal Law for the Protection of Industrial Property. [Source: numeral 15.4 Bibliography] 3.29 mockup physical or virtual representation , that is, by optical, electronic or digital means, whose purpose is to show the general characteristics, distribution and dimensions of the house that is the object of the sale and, where appropriate, the housing development where it is located in terms of article 34 of the RLFPC. [Source: numeral 15.16 Bibliography] 3.30 m ark any sign perceptible by the senses and capable of being represented in a way that allows to determine the clear and precise object of the protection, that distinguishes products or services from others of the same kind or class in the market, in accordance with article 171 of the Law Federal Protection of Industrial Property. 3.31 ONAVI National Housing Organizations. 3.32 OREVI State Housing Organizations. 3.33 PROPHECY Federal Consumer Attorney. 3.34 Internal Civil Protection Program instrument of planning and operation, limited to the scope of a dependency, entity, institution or organization of the public, private or social sector; which is made up of the operational plan for the Internal Civil Protection Unit, the plan for the continuity of operations and the contingency plan, and its purpose is to mitigate previously identified risks and define preventive and response actions to be in a position to attend the eventuality of an emergency or disaster, in accordance with article 2 section XLI of the LGPC. [Source: numeral 15.12 Bibliography] 3.35 promoter natural or moral person, dependent or authorized by the supplier or sales concessionaire, who periodically or habitually engages in the economic activity of promoting the sale of real estate for residential use, who will also be recognized as a supplier. 3.36 provider natural or legal person in terms of the Federal Civil Code and article 2 section II of the LFPC, who habitually or periodically offers, distributes or sells homes or land exclusively for the use of residential housing In terms of article 73 of the LFPC, this physical or legal person will exclusively have said character when it is a developer, builder, promoter or person who intervenes in advising and selling these homes to the public. [Source: numerals 15.2 and 15.8 Bibliography] 3.37 Executive Work Project set of plans, descriptive and calculation reports, standards and specifications that contain the information and define the aspects for the construction of a work, in terms of the corresponding construction regulations. 3.38 Public Registry of Adhesion Contracts registry through which the suppliers mentioned in article 73 of the LFPC register the mandatory adhesion contract models, so that they do not have abusive, harmful or inequitable clauses for the interests of consumers, protecting the commercial activity of the society. [Source: numeral 15.8 Bibliography] 3.39 Public Registry of Consumers (RPC) or Public Registry to Avoid Advertising (REPEP) consumer protection mechanism provided for in article 18 of the LFPC, consisting of a registry in which consumers can register the telephone numbers in which they do not wish to receive advertising, and to the effect that their information is not used for marketing or advertising. [Source: numeral 15.8 Bibliography] 3.40 risk In terms of civil protection and for the purposes of this NOM, they are the probable damages or losses on an affected dwelling, the result of the interaction between its vulnerability and the presence of a disturbing agent recognized in article 2 of the LGPC. [Source: numeral 15.12 Bibliography] 3.41 RLFPC Regulation of the Federal Consumer Protection Law. [Source: numeral 15.16 Bibliography] 3.42 RLFPDPPP Regulation of the Federal Law on Protection of Personal Data Held by Private Parties. [Source: numeral 15.15 Bibliography] 3.43 additional, special or related services are those offered by the provider, other than the basic one or not provided for in the initially contracted one, and for which the consumer must issue their prior and express consent, the manifestation of which must be in writing, in accordance with article 53 of the RLFPC. [Source: numeral 15.16 Bibliography] 3.44 construction system It is the set of elements, materials, techniques and procedures that, grouped in a functional way, constitute the structure of a building. 3.45 ground(s) lot(s) and property(s) intended for residential housing, according to the use of land issued by the competent authority without any construction, in which consumers may build the constructions they want without greater restrictions than those of the complex , subdivision or condominium to which they belong and those established in the applicable regulations. 3.46 housing Construction intended for the use of a residential home for the purposes of this NOM. 3.47 headline the natural person to whom the personal data corresponds. 3.48 registry of notaries list of authorized public notaries that is made available to consumers on the websites of credit-granting institutions. 4. General provisions. 4.1. Obligation to have channels for handling complaints and requests. The supplier must have free and accessible consumer service channels and mechanisms, such as telephones, email, forms on websites or any means of digital contact, and these must be enabled at least on business days and hours, in which that information will be provided and comments, complaints and suggestions will be received. The foregoing must be expressly informed to the consumer, as well as indicate the treatment of personal data that may be collected through said communication channels. The provider must also receive and attend to complaints, requests or suggestions from consumers, at any of the points of sale or customer service, notwithstanding that they may be presented at the address of the provider’s parent company or its branches. Likewise, the provider must have and make public to consumers, an address to hear and receive notifications, as well as indicate the hours of operation. 4.2. Obligations regarding the Internet portal. In the event that the provider has an Internet portal, it must contain the following minimum updated information, accessible and visible to the consumer: Yo. Total prices in cash operations and the characteristics of the different types of property that are marketed through a link; ii. Legend that indicates that in credit operations the total price will be determined based on the variable amounts of credit concepts and notarial expenses that must be consulted with the promoters, in accordance with section 5.6.7 of this NOM; iii. Physical and electronic address where a complaint or claim can be filed, and opening hours ; iv. Sample adhesion contract registered with PROFECO; v. Forms and payment plans for real estate; saw. In the event that the property is financed by the provider, the provider must inform about the percentage of the interest rate, the total annual cost, the amount of the commissions, as well as the insurance attached to the financing and its existing coverage, and vii. The Privacy Notice in terms of what is established by the LFPDPPP, its RLFPDPP and the Privacy Notice Guidelines. In the event that the provider does not have an electronic portal, but does have a service office physical, must make the information provided in this section available and be accessible to the consumer. This information can be presented physically or digitally, expressly indicating the provisions for access to it or, where appropriate, the address provided by the provider so that it can be consulted. 4.3. Obligations regarding privacy and protection of personal data. The personal data obtained by the provider with respect to their owners must be treated in accordance with the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility, in accordance with the LFPDPPP and the RLFPDPPP. The provider must inform the owners of personal data, what information it will collect and for what purposes, through its Privacy Notice, which must make available to them on the internet portal, electronic means in which personal data of the owner is collected. of the same, as well as visible in the office of physical attention in case of having it, in accordance with the LFPDPPP and the RLFPDPPP. The owner of the personal data must express their consent for their treatment, either in writing, verbally, by electronic means or tacitly if they do not express their opposition when the Privacy Notice is made available to them. In the case of sensitive personal data, the provider must obtain the express written consent of the owner for its treatment. In the event that the personal data were obtained indirectly from the consumer owner, the owners of the personal data who request it must be informed how the transfer or obtaining of said data took place and the following rules must be observed: a) If they were processed for a different purpose provided for in a consented transfer, or if the data was obtained from a publicly accessible source, the privacy notice must be made known to the consumer in the first contact with him. b) When the provider intends to use the data for a purpose other than the one consented to, the privacy notice must be updated and made known to the owner prior to the use of the personal data . Databases containing sensitive personal data may not be created without justifying their creation for legitimate, specific purposes and in accordance with the activities or explicit purposes pursued by the regulated subject. In accordance with the provisions of the LFPDPPP, the National Institute for Access to Information and Data Protection may verify, in accordance with its powers, that any provider that processes personal data must establish and maintain administrative, technical, and physical security measures that allow to protect the personal data of consumers against damage, loss, alteration, destruction or the use, access or unauthorized treatment. The person who owns the personal data or their legal representative may request access, rectification, cancellation or opposition to the provider at any time regarding their personal data and sensitive personal data, in accordance with the procedure established in the LFPDPPP and the RLFPDPPP. Likewise, the consumer must be made aware that he can demand at any time from suppliers and companies that use information about consumers for marketing or advertising purposes, that the information related to himself not be transferred or transmitted to third parties, unless said assignment or transmission determined by a judicial authority. 4.4. Obligations regarding advances. The provider must deliver a receipt to the consumer for the advance that is delivered. It is important that the supplier inform the consumer prior to the delivery of the advance, regarding: (i) that it will be paid for the real estate, (ii) obligations and rights generated for the supplier and the consumer derived from the advance payment, (iii) mechanisms, terms and conditions to claim the return of the advance, including the term and possible penalties if it is made outside the established term. The return of the advance must be by the same means in which the payment was made, and in the same number and amount of the exhibitions through which the consumer made the payment of the advance, or, being able to be made in a different way as long as the provider offers it and the consumer accepts it, at the time of the return, and must indicate the term in which it will be made. The refund of the advance will be without any penalty as long as it is requested within the period agreed between the provider and the consumer. In all other cases, the refund of the advance payment will be subject to the penalties established by the provider. In the event that the executive project of the property for which the advance was made needs to be modified during the work, the supplier must notify the consumer about the modifications made, the latter must authorize expressly in writing, continue with the purchase of the property or return of the down payment and, where appropriate, the payment of compensation, damages, penalties or possible bonus that the consumer could claim in accordance with the provisions of articles 7 and 92 section II of the LFPC in relation to said executive project . If the sale of the property is completed, the amount of the advance must be credited as part of the payment of the total price of the property. 4.5. Obligations regarding down payments. In the case of sales in installments, in which the consumer makes a down payment at the time of signing the contract, it must be stipulated that the amount paid is part of the price of the real estate acquired, the terms, conditions and mechanisms must also be informed. to file the claim for its return that must be made in the event of termination of the contract for reasons attributable to the supplier. The foregoing, without prejudice to the payment of compensation, damages, penalties or possible bonus that the consumer could claim in accordance with the applicable provisions for the aforementioned causes attributable to the provider. It will not be considered as a cause attributable to the provider, and therefore will not give rise to the payment of compensation, penalties, bonuses, or compensation for damages or losses by the provider in favor of the consumer, if the credit is not approved to said consumer. mortgage, or it does not cover the amount of the home and the difference cannot be paid and/or for any other reason beyond the Supplier’s control, which prevents the purchase of the home from being completed. In the event that a down payment had been delivered, and the contract had subsequently been terminated, the restitution claimed by the consumer regarding the benefits that must be made by the provider will include the amounts paid for the down payment. In the event that the executive project of the property for which the down payment was made needs to be modified during the work, the supplier must notify the consumer about the modifications made, the latter must authorize expressly in writing, continue with the purchase of the property or return of the down payment, and where appropriate, the payment of compensation, damages, penalties or possible bonus that the consumer could claim in accordance with the applicable provisions. 4.6. Pre-sales obligations. The provider during the pre-sale must clearly and visibly display the sale price and the characteristics of the homes. The provider must have sufficient financial capacity to: I) address future claims in the cases of homes in which a pre-sale had already been made, or II) the request for a bonus under the terms established in number 10 of this NOM. The pre-sale must be carried out under the modality of an adhesion contract for the pre-sale of immovable property destined for a residential home, it must meet the elements of numerals 6 and 6.2 of the NOM. 4.7 Non-discrimination. When offering goods and services to the general public, suppliers are obliged to observe the provisions of article 58 of the LFPC, with respect to not establishing any preferences or discrimination regarding service applicants, such as client selection, consumption conditioning, reservation of the right of admission, exclusion of people with disabilities and other similar practices, except for causes that affect the security or tranquility of the establishment, its clients or are based on express provisions of other legal systems. 4.8. Obligation to deliver bill of rights to consumers. The provider is obliged to deliver to consumers a letter of rights in physical, printed or electronic media, which is specified in Appendix A, regarding the protection granted by the LFPC, its RLFPC and this NOM when acquiring a property. in the Mexican territory. 4.9 Obligation regarding property promotion. In order to guarantee that the consumer makes a free and informed decision, in the activities of promoting the sale of real estate, the provider must: a) Clearly provide the consumer with real and current information; b) Avoid the application of abusive or coercive commercial methods, conducts or practices. 4.10 Land. All the terms of this NOM will be applicable to the provider that sells land, except those referring to housing or its construction. Adhesion contracts for the sale of land will be registered with PROFECO, under the terms of article 86 of the LFPC. Likewise, these adhesion contracts must comply with numerals 6 and 6.3 of this NOM. 4.11 Prohibition of refusal of treatment and tied sales. 4.11.1 Prohibition of refusal of treatment. The provider may not deny the consumer the sale of a property that is available, without prejudice to the subsequent review and compliance with the requirements that are part of the offer, and where appropriate, the credit operation. The foregoing, in accordance with article 43 of the LFPC, in relation to article 56 section V of the Federal Law on Economic Competition. 4.11.2 Prohibition of tied sales. The provider may not condition the sale of the property, including the condition of contracting an additional service. The sale or transaction of a property conditioned to buying, acquiring, selling or providing another good or service, normally different or distinguishable or on the basis of reciprocity, in terms of article 56 section III of the Federal Law on Economic Competition, is strictly prohibited . 4.12 delivery of the property. The identity of the person to whom the property is delivered must be that of the consumer, agent or successor in title, the provider must verify by indubitable means to have full certainty about his person or personality and avoid possible identity theft. In the event that the delivery of the home is made to a proxy, he must accredit it with a power of attorney that authorizes him to do so; in the event that it must be done to successors, he must demonstrate it with the document that in terms of civil legislation is the ideal one. At the time of delivery of the home, the promoter must inform the consumer about the conditions and documents, such as: warranty policy or policies indicating the procedure and data where to make them valid, delivery certificate, accessories and keys; where it is specified that the accessories of the house are complete and in operation, in accordance with what was agreed in the signed contract. 5. Information and publicity. The information and advertising of the provider must be in Spanish, in understandable and legible terms, without prejudice to the fact that it may be in other languages, in case of differences in the text or wording, the Spanish language prevails. It is prohibited to include in advertising or information any legend or information that indicates that they have been endorsed, approved, recommended or certified by professional societies or associations, when they lack the appropriate documentation that supports with scientific, objective and reliable evidence, the qualities or properties of the product or service, or any other requirement indicated in the applicable laws to prove them. The foregoing in accordance with article 32 of the LFPC. The supplier must make the following information available to the consumer, about him and the property he sells: I. Trade name and business name of the provider; II. Contact information that includes address, telephone number and/or email address; III. Proof of ownership of the property, or, where appropriate, the right or power to market or dispose of it, and the encumbrances it has, except those derived from the credit used by the supplier for the construction of the home. IV. Price of the property in cash operations; in credit operations, indicate that the total price will be determined based on the variable amounts of credit and notarial concepts that must be consulted with the promoters, in accordance with 5.6.7 of this NOM; V. Payment methods available by private unit to be marketed, specifically indicating the private units that may be acquired with INFONAVIT, FOVISSSTE, bank credit, from the same provider, from public, private or union organizations; SAW. Licenses, permits or authorizations of the property granted by the competent authorities; VII. General specifications of the property that contain, as a minimum: location, boundaries, measurement data, service facilities, finishes and construction system; VIII. Data on the means available to the provider for the consumer to make a complaint or a claim, and the opening hours of these means; IX. Registration number before PROFECO of the contract with which the properties are marketed; X. Privacy notice; and XI. If applicable, any other information that is useful to the consumer to be able to exercise their rights and that is attributable to the provider in the terms proposed with this NOM. The foregoing without prejudice to the information that must be provided to consumers in accordance with the provisions of article 73 BIS of the LFPC. The information or advertising that the provider disseminates by any means or form must be truthful, verifiable, clear and free of texts, dialogues, sounds, images, brands, denominations of origin and other descriptions that lead or may lead to error or confusion due to misleading or abusive, in accordance with article 32 of the LFPC and the provisions for the Information Verification Analysis The lack of veracity in the information and advertising of the provider regarding the promised, suggested conditions and characteristics of the property will lead to compliance with what is offered by the provider. When this is not possible, the consumer may request the payment of a bonus or compensation when any of the cases provided for in terms of article 92 TER of the LFPC is updated. In addition to the above, the supplier will be subject to possible sanctions that may apply in accordance with the LFPC when it is shown that it has committed an infraction in terms of the provisions of the same. Prior to its dissemination, the provider may voluntarily submit its advertising to PROFECO for review, so that it issues a non-binding opinion in accordance with article 32 of the LFPC. Consumers can directly require providers to use information and personal data about consumers for marketing or advertising purposes, not to be disturbed at home, workplace, email address, or by any other means, to offer you goods, products or services, and that they do not send them advertising. The consumer may demand at any time from suppliers that use information and personal data about consumers that the information related to it is not transferred or transmitted to third parties. 5.1. Requirements of the information used by the suppliers. The information related to real estate marketing services used by providers, including those made through trusts or other contractual figures to carry out the sale of real estate, must be truthful, verifiable, clear and free of dialogue. , images and other descriptions that mislead or may mislead consumers regarding: I. The characteristics, location, nature and/or composition of the property; II. Price of the property in cash operations; In credit operations, indicate that the total price will be determined based on the variable amounts of credit and notarial concepts that must be consulted with the promoters. III. The terms and conditions of the advance, down payment, and in general of the payment of the property; IV. Warranty conditions and ways to enforce it. The period of validity, what the guarantee includes and the way in which the consumer can enforce them; V. The terms and conditions of delivery and deed will be reflected in the adhesion contract. Likewise, the suppliers must inform the requirements for the repair of the property, in case of presenting damages, failures or hidden defects. SAW. The terms, duration, restrictions and conditions to enforce the offers or promotions regarding the commercialized property. Likewise, the provider is obliged to inform and respect the prices, rates, guarantees, quantities, qualities, measures, interests, charges, terms, restrictions, deadlines, dates, modalities, reservations and other conditions applicable in the commercialization of real estate, especially those that have been offered, obliged or agreed with the consumer for the delivery of the property, and under no circumstances will these properties be denied to any person, as well as the information about them. The foregoing, in accordance with article 7 of the LFPC. 5.2. Requirements of the advertising used by the provider. The advertising used by the provider, including those made through trusts to carry out the sale of real estate, must be truthful, verifiable, clear and free of dialogues, images and other descriptions that induce or may induce consumers to error or confusion, for which you must comply with the following: I. Do not present attributions or qualities of the properties offered that do not correspond to their function or use; II. Do not use messages that suggest that the acquisition of the property makes it have superior personal characteristics or qualities to those who do not buy it; III. Do not use messages that suggest or present inaccurate information related to the acquisition of real estate, such as the terms and conditions of the credits and requirements such as inquiries in credit information companies; IV. Do not lead to believe that the property has materials, distribution, services, finishes, dimensions, or characteristics of which it lacks and/or cannot be verified; V. Not induce the consumer to commit illegal acts or acts contrary to public order, or violate the dignity or integrity of the human being, nor against the principles of equity, certainty and good faith, in accordance with applicable laws and international treaties in which Mexico is part; SAW. Avoid using categorical or superlative terms that mislead or confuse consumers regarding the performance, characteristics or conditions of the advertised property. A categorical term will be understood as that which is affirmed or denied absolutely. If objective statements are used, or reference is made to studies, samples and/or tests, said information must be verifiable. It is prohibited to include in the information or advertising, any legend or information that indicates that they have been endorsed, approved, recommended or certified by professional societies or associations, when they lack the documentation appropriate that supports with scientific, objective and reliable evidence, the qualities or properties of the product or service, or any other requirement indicated in the applicable laws to prove them ; VII. Not cause direct or indirect discredit, denigration or contempt of a person or company, its properties, activities or circumstances or its brands, trade names or other distinctive signs through its content, or in the form of presentation or dissemination. The foregoing, in accordance with articles 1, section VII, 16 of the LFPC, and 28 of the RLFPC, as well as the applicable regulatory provisions on comparative advertising; VIII. Do not use phrases or legends aimed at obtaining an undue advantage of the reputation of a brand, trade name or other distinctive sign of a competitor, of the denominations of origin or geographical indications, specific denominations or guaranteed traditional specialties that cover competing products. The foregoing, in accordance with article 1 section VII of the LFPC; and IX. The brands of INFONAVIT, FOVISSSTE or other national organizations or public housing programs may be used , in accordance with the provisions of numeral 11.2. The provider in its advertising must always state its name, address, telephone number and email address. If the advertising contains offers or promotions, the rules established in article 48 of the LFPC must be followed. 5.3. Executive project requirements, model, and, where appropriate, sample property. The supplier must make the executive construction project available to the consumer physically or digitally . In the case of pre-sale, the supplier must display the complete executive construction project, as well as the respective model and, where appropriate, the sample property. The model must be exhibited from the promotion of the property until the supplier delivers it to the consumer, in accordance with article 34 of the RLFPC. Additionally, the supplier, at the consumer’s request, must explain through the personnel it deems appropriate, the executive construction project with clear and truthful information on: a) Plan of the land (plan of dirt roads or topographies); b) Location and location plans; c) Plans of sections, facades and elevations; d) Architectural detail plans; e) Structural plans (foundation, columns, beams and slabs); f) Facilities plans (hydrosanitary, electrical, fire fighting, mechanical, special, voice and data, etc.); g) Finishing plans (floors, walls, ceilings, among others); h) Urbanization plans (Group Plan: outdoor areas: sidewalks, gardens, facilities), and i) Type of construction system and finishes with which the home can be delivered. In the event that the executive project has modifications, these must comply with the provisions of numerals 4.4 or 4.5, as the case may be. The sample property must have the distribution of the spaces of the houses, indicate the finishes with which it is delivered and, where appropriate, the furniture and equipment it has. Where appropriate, the provider must ensure that the buyer can view all the available housing prototypes of the development that it sells. 5.4. Valid documents to prove ownership of the property. The provider, including those whether natural or legal persons who use trusts to carry out the sale of real estate, must inform the consumer about the legal status of ownership and/or possession of the property, as well as the existence of any encumbrance, modality or limitation of domain , tax debt or payment of services that may affect the sale of said property and make available to the consumer, the following documents: I. Public deed granted by a public notary duly registered in the Public Registry of Property; in the case of real estate subject to the condominium property regime, public deed stating the constitution of this regime; either II. In the cases that proceed, by means of a private contract, once the signatures have been ratified before a notary or administrative authority and it is duly registered in the Public Registry of Property . The provider must inform the consumer that at the time of the deed, the property will be free of all encumbrances. 5.5. Information that must be presented by the authorized promoter to be accredited. The promoter must have a credential issued by the provider, or by the sales dealer that clearly contains his full name, dealer logo, if applicable, provider logo , position, validity of the identification, and a telephone number. attention to complaints. The information and advertising provided by the promoter to the potential consumer will be understood to be authorized by the provider, for which reason the latter must ensure compliance and is bound by it. What is offered by the promoter must be fulfilled to the consumer, by virtue of the administrative responsibility of the personnel hired or subcontracted by the provider in accordance with article 9 of the LFPC. 5.6. Information about the property. The sale price of the property must be offered in national currency, without prejudice to the fact that it can also be expressed in foreign currency; if applicable, it will be at the exchange rate that governs the place and date in which the payment is made, in accordance with the applicable legislation. When the supplier is offering a property with some deficiency, used or reconstructed, it must warn the consumer clearly and precisely, likewise, it must be stated in the adhesion contract . The provider, including those whether natural or legal persons who use trusts to carry out the sale of real estate, is obliged to deliver the property in accordance with the terms and conditions offered or implicit in the advertising or information displayed and/or delivered to the consumer. , unless otherwise agreed or with the written consent of the consumer. The supplier must notify the consumer, in writing and prior to the conclusion of the contract in any of the modalities described in number 6 of the respective NOM, the cases in which it must cover fees, commissions or additional expenses to the price of the property that are determined by third parties, necessary to receive the property under the terms and conditions offered and agreed, in accordance with article 35 of the RLFPC, when these expenses are not expressly indicated in the laws applicable to the operation. The provider must make the consumer aware of the materials used in the construction of the home, the development or subdivision in which it is located, as well as the construction systems that were used. 5.6.1 Services that must be covered. The supplier must guarantee that the necessary facilities and conditions are available within the dwelling for the provision of the basic services of the dwellings it sells. For the above, you must carry out the necessary local government procedures and procedures and provide the facilities offered in the homes you sell. The facilities and conditions of the basic services that the home must have are: electricity ; drinking water supply and wastewater evacuation; use of lp gas, natural gas , electricity or any other fuel, system or technology for cooking food and heating water; same that must already be included in the sale price of the house and the consumer must not pay any additional cost for the concepts stated, except when it comes to their contracting, connection and corresponding consumption. The provider can substitute, offer or complement the facilities, infrastructure and conditions indicated with the use of other technologies. In the event that the provider delivers the home without the provision of the necessary facilities and conditions for contracting these basic services, the consumer may not accept it or request a bonus or compensation for this reason in accordance with article 92 TER of the LFPC. 5.6.2. Current licences, permits and authorizations. The Provider must have the licenses, permits and authorizations that, according to local legislation, are required by the different urban actions, such as: land use, construction, buildings, subdivisions, subdivisions, mergers, relotifications, condominiums. Said documents must be made available to the consumer, in print or digitally, expressly indicating the means of access to said information, or, where appropriate, the address provided by the developer so that they can be consulted. 5.6.3 Civil protection. 5.6.3.1 The provider must make the Internal Civil Protection Program available to the consumer, in print or digitally, expressly indicating the means of access to said information, even as the provider, at the request of the consumer, must explain it through the staff you deem appropriate. The foregoing, with the purpose of informing the consumer, if applicable, about the possible risks to which the property is exposed, as well as the conditions to attend to the eventuality of an emergency or disaster. 5.6.3.2 In the event that the used properties do not have a construction license, the supplier must make available to the consumer the structural opinion issued in accordance with the applicable regulations. 5.6.4 Requirements of the plans or the opinion of structural conditions. The supplier must make available to the consumer the structural, architectural and facilities plans , or, failing that, an opinion on the structural conditions of the property, endorsed by a responsible expert or DRO and co-responsible, either physically or by any optical or electronic. If applicable, expressly indicate the reasons why you do not have them, as well as the period in which you will have said documentation. 5.6.5. Transparency and veracity about the characteristics of the property. The information provided or exhibited by the supplier on the characteristics of the property must be truthful in terms of the construction materials used, the distribution of the house, the adjoining areas, finishes, the service facilities and all the data that may be useful for the consumer when buying a home. Advertising may be done by any means that the supplier deems most convenient, however , it must ensure that in any means of communication the information on the characteristics of the property is true, clear and real, and does not lead to error or confusion, in accordance with numeral 5 of this NOM. 5.6.6. finishes. The Supplier must comply with the finishes found in the information and advertising on the homes it sells. Likewise, he is obliged to comply with the finishes found in the sample property or, where appropriate, with those agreed with the consumer, which must be described in the respective contract. The consumer may demand the finishes that have been communicated in the information or advertising of the supplier in accordance with numeral 5.2 section I of this NOM, regardless of whether they are not established in the formalized adhesion contract. 5.6.7 Information requirements on payment options, credits and, where appropriate, renegotiations. The provider is responsible for indicating the payment options that it accepts from the consumer, it must also indicate whether or not it accepts credits and, if applicable, from which institutions, this obligation is for each private unit that it intends to market. 5.6.8. Information when the provider finances the homes. 5.6.8.1 In all housing credit purchase and sale operations in which the creditor is the provider himself, the consumer must be informed of the following, in accordance with the provisions of article 66 of the LFPC: a) If applicable, the cash price of the property in question, as well as the amount and details of any charges, if any, b) The number of payments to be made, their periodicity, the right that you have to settle the credit in advance with the consequent reduction in interest, in which case you will be informed that you will not be able to charge more than those of renegotiation of the credit, if I would have c) The method of calculating interest, including late payments, whether based on a fixed or variable interest rate; d) If there are discounts, bonuses or any other reason for which credit and cash payments are different, said difference must be indicated to the consumer. e) If a fixed rate is used, the consumer will also be informed of the amount of interest to be paid in each period. If a variable rate is used, the consumer will be informed about the rate adjustment rule , which may not depend on unilateral decisions of the provider but rather on the variations registered by an interest rate representative of the cost of credit to the consumer, which must be easily verifiable by the consumer; f) Inform the consumer of the total amount to be paid for the property in question, including, where appropriate, the number and amount of individual payments, interest, commissions and corresponding charges, including those set for advance payments or cancellation; providing you with a breakdown of the corresponding concepts; g) In the event that the purchase and sale operation has been carried out on a housing credit in which the grantor of the Credit is the provider itself, the latter must send the consumer at least one bimonthly account statement, by the means that the latter chooses, containing information regarding charges, payments, interest and commissions. 5.6.8.2 In accordance with the provisions of the applicable legislation, in the event that collection offices are used, the provider that is the grantor of the Credit must comply, virtually or physically, with the following information obligations: a) Report on the scope and content of the general provisions regarding collection dispatches issued by Profeco. b) Make available to the consumer sufficient identification data of the external offices that represent the provider that grants the Credit, which will include third parties or representatives that collect the credits that they grant, as well as those that support in credit negotiation and restructuring operations with its Clients or with those persons who for some reason are debtors to the provider that is granting the Credit. Said information must be duly updated and contain at least the following information: name of the office, address, telephone numbers, and name of its partners. c) Make available to the consumer the status of the claims presented, allowing them to follow up on them. 5.6.8.3 With regard to the termination of the contract, in terms of the provisions of articles 70 and 71 of the LFPC, in all consumer housing credit operations in which the creditor is the provider itself, must inform the consumer of the following: a) That, in the event of termination of the contract, the seller and buyer must mutually repay the benefits that have been made. b) That the seller who delivered the property shall have the right to demand, for its use, the payment of rent or rent and, where appropriate, compensation for the demerit suffered by the property . c) That the buyer who has paid part of the price is entitled to receive the interest computed according to the rate that, if applicable, has been applied to his payment. d) That when more than a third of the price or the total number of agreed payments has been paid and the provider demands the termination or fulfillment of the contract due to delay, the consumer shall have the right to opt for termination under the terms of article 70 of the LFPC or for the payment of the overdue debt plus the benefits that legally proceed. e) That the payments made by the consumer, even extemporaneously and that are accepted by the provider, release the consumer from the obligations inherent to said payments. 5.6.9. Warranty information. The guarantee must clearly and precisely describe the obligations of the supplier and the consumer, its scope, validity, exclusion clauses, the mechanisms to make it effective and the address to claim it. Likewise, it cannot prescribe conditions or limitations that reduce the rights that legally correspond to the consumer. The foregoing, in accordance with articles 73 QUATER, 73 QUINTUS, 78 and 79 of the LFPC. 5.6.10 Information on the urban environment. Prior to contracting, as well as at the time of signing the corresponding contract, the supplier must inform the consumer about the existing urban equipment in the town where it is located and the necessary transport systems that allow the consumer to know the existing means of transport . to get to the property. 6. Adhesion contract. Contracts used by providers, including natural or legal persons who make use of trusts to sell real estate, for the provision of real estate services, the purchase and sale of real estate, as well as any agreement between the provider and consumer regarding to the commercialization of the property, they must be registered before PROFECO and be available for consultation by consumers, prior to their signature. In order to be valid in national territory, adhesion contracts related to real estate intended for residence must be written in Spanish, without prejudice to the fact that it is also expressed in other languages, in understandable terms with a letter size of at least 3 mm or 10 points and with a uniform font that allows the consumer to read it with the naked eye. In addition, they may not include disproportionate benefits paid by consumers, inequitable or abusive obligations, or any other clause or text that violates the provisions of the LFPC. The supplier is obliged to comply with Chapter VIII of the LFPC, and this NOM, when the Suppliers commercialize real estate, in any of the following schemes: Yo. Contract of adhesion of promise or preparatory of sale of immovable property destined to house habitation; ii. Pre-sale adhesion contract in the purchase and sale of real estate intended for a home ; iii. Adhesion contract for the sale of immovable property intended for residence; iv. Adhesion contract for the sale of land, or v. Brokerage adhesion contract for the purchase and sale of real estate intended for residence . The adhesion contracts for the purchase and sale of real estate intended for housing must be written in Spanish, without prejudice to the fact that they can also be expressed in another language, in case of differences in the text or wording, what is stated in the language will be followed. Spanish. These contracts must contain at least the following: I. Place and date of execution of the contract; II. Name, denomination or company name, address and federal taxpayer registry of the supplier; III. Name, address and, where appropriate, Federal Taxpayer Registry of the consumer; IV. Indicate and make available to the consumer the documents that prove the ownership of the property to be marketed; V. Indicate and make available to the consumer the documents that authorize the provider to market the goods that are the object of the corresponding contract; SAW. Price of the home in national currency, indicating what corresponds to the amount that has been delivered as an advance; VII. In the case of operations in which the provider financed the properties, the indication of the type of credit in question, as well as a projection of the amount to be paid that includes, where appropriate, the interest rate to be used, commissions and fees, and the Total Annual Cost. In the case of the variable rate, the reference interest rate and the formula for calculating said rate must be specified . If applicable, the mechanisms for the modification or renegotiation of the payment options, the possible conditions under which it would be carried out and the economic implications, both for the provider and for the consumer; VIII. Description of the object of the contract, identification of the property and, where appropriate, description of its accessories; IX. Amounts, means of payment, whether in cash, in installments or with credit, and amounts to be paid; X. List of rights and obligations, both of the supplier and of the consumer; XI. The conventional penalty that is applied to both the supplier and the consumer for the breach of their obligations; which must be reciprocal and equivalent, without prejudice to the provisions of the applicable legal regulations; XII. Terms of the guarantee and the conditions and mechanisms to make it effective; XIII. The procedure for the cancellation of the adhesion contract and the implications that arise for the provider and the consumer; XIV. Conditions and delivery date of the property. The delay in the delivery date of the real estate agreed in the respective adhesion contract, will give rise to the application of the conventional penalty or the claim for damages; the foregoing, except for duly justified reasons and not attributable to the supplier, in which case the parties could agree on a new delivery date; XV. The supplier must have the authorizations, licenses or permits issued by the corresponding authorities for construction, related to technical specifications, safety, land use, the kind of materials used in construction; basic services that it has, as well as all those that it must have in accordance with the applicable legislation. In the case of used properties that do not have said documentation, the lack of these must be expressly indicated in the contract; XVI. State, in the declarations section, that the supplier has the structural, architectural and facilities plans or, failing that, an opinion on the structural conditions of the property. If applicable, expressly indicate the reasons why they do not have them, as well as the period in which they will have said documentation of the structural, architectural and/or facilities plans; XVII. Information on the characteristics of the property, such as the extension of the land, constructed area, type of structure, facilities, finishes, accessories, parking place or places , areas of common use with other properties, undivided percentage, if any, services with what account and general physical state of the property; XVIII. In the case of real estate acquisition operations for housing, the terms under which the deed must be granted must be indicated, as well as informing that at the time it must carry out deed expenses, contributions (taxes and rights), appraisal, expenses administration, if applicable, opening of credit and investigation expenses, which are not part of the price of the property and that said costs will be paid directly to the service providers, that is, Public Notaries, Appraisers and institutions that grant the credit , according to their rates or amounts established by them as determined by the authority in matter of contributions; as well as the amount for adding accessories or complements that the consumer requests and that the provider agrees to provide in addition to the aforementioned price. Likewise, in the declarations of the contract, it must be stated that at the time of the notarization that formalizes the purchase and sale contract of the property intended for housing, said property must be free of all encumbrances that affect the consumer’s ownership of it ; XIX. In case of death of the consumer, the corresponding legal provisions will be applied; xx. Establish the form and means of communication that the parties to the contract will have; XXI. Establish the consumer’s right to cancel the adhesion contract within 5 business days of signing it, without prejudice to the payments made, as well as the provider’s obligation to return the amounts that the consumer has delivered, if any. deducting from them the amount of duly verifiable operating expenses incurred by the supplier in that period, because the parties have so stipulated. Said return must be made within a period of 5 to 15 business days following the date on which the supplier is notified in writing of said cancellation by the consumer; XXII. Establish the competence of PROFECO in administrative proceedings on the interpretation or fulfillment of the contract; XXIII. Date and registration number of the adhesion contract granted by the Attorney General’s Office; XXIV. Where appropriate, terms of quality assurance and mechanism to be able to exercise it; xxv. Prescription periods for civil actions derived from civil liability, hidden defects of the property and in case of eviction, which will be applied in accordance with the applicable civil legislation; XXVI. List of additional, special or related services that the consumer could optionally request through and through the purchase of the home; XXVII. Stipulation that informs consumers of the existence of the Public Registry of Consumers referred to in article 18 of the LFPC, its purpose, and the mention that this registry is free, in order for them to determine whether or not they wish to notify the Attorney General’s Office your application for registration to said registry, and XXVIII. The others that are required in accordance with the applicable legislation. The adhesion contracts must be divided into chapters, sections, paragraphs or any other method that facilitates their understanding and the identification of the terms and conditions of the contract. Any difference between the text of the adhesion contract registered before PROFECO and the one used to the detriment of consumers, will be deemed not to have been entered, in accordance with article 86 QUATER of the LFPC. Due to their particularities, the adhesion contracts that Suppliers register with PROFECO and use with consumers, in addition to the general conditions described in this section, must contain the following information: 1) Prior to contracting, as well as at the time of signing the corresponding contract, the provider must inform the consumer about the services available to the property, the existing urban equipment in the town where it is located and the transportation systems. necessary to allow the consumer to know the exact location of the property and the existing means of transport to reach it. 2) Once the contract is signed, the provider must grant an original with autograph signatures to the consumer, including the annexes that are part of it. 6.1 Of the adhesion contracts of promise of purchase and sale of immovable property intended for residence . For their use, the adhesion contracts of promise to buy and sell real estate must be registered with PROFECO. For this, in addition to what is established in numeral 6 of the NOM and what is determined in article 2243 et seq. of the Federal Civil Code related to the promise contract, they must contain at least the following: Yo. The statement that they only give rise to obligations to do, ii. The date of signing the final contract, and iii. The procedure for signing the final contract and the consequences of non-compliance. 6.2 Of the legal acts prior to the formalization of the purchase and sale of real estate intended for residence. When the parties enter into legal acts, without denomination, other than those indicated in numerals 6, 6.1, 6.3 and 6.4, for the sale of real estate for housing, they must be registered with PROFECO. For this, in addition to what is established in numeral 6 of the NOM, they must contain at least the following: I. State, in the declarations section, that the provider exhibited the complete executive construction project, as well as the respective model and, where appropriate, the displayed property; II. Indicate the existence and constitution of a mortgage, trust or any other type of guarantee, as well as its instrumentation; III. Information about the benefits that the provider additionally offers, such as discounts, special finishes, curtains, tiles and a full kitchen, among others; IV. Establish that the advance is a payment of a monetary amount that serves as a guarantee of compliance, which will be part of the agreed price. 6.3 Of the adhesion contract for the pre-sale of immovable property destined for a residence. In addition to what is established in numeral 6 of this NOM, the adhesion contract for the pre-sale of real estate intended for a residential home must contain the following: I. The supplier must certify that he exhibited the complete executive construction project to the consumer ; II. Include the architectural plans, description of the property and, where appropriate, the accessories and photos of areas according to the model; III. Information on the additional benefits offered by the supplier in the event of completing the operation, such as discounts, special finishes, curtains, tiles and a full kitchen, among others, and IV. The consumer must be informed about the existence and constitution of a mortgage, trust or any other type of guarantee, as well as its instrumentation when these are the responsibility of the supplier . 6.4 Of the adhesion contract for the sale of land. In addition to what is established in numeral 6 of this NOM, except for what refers to the construction of a home, the adhesion contract for the sale of land must contain the following: I. Land use applicable to the land in accordance with the current urban development plan, with its respective interpretation. For these purposes, a copy of the official document in force that certifies the land use license for the land must be added to the respective contract and it will be an integral part of said contract; II. Technical feasibility study , official or endorsed by a competent authority for the installation of basic services (electricity supply, adequate facilities for natural or LP gas, depending on what is offered, potable water, drainage and sewerage, and public lighting); III. Point out that the land that is intended to be commercialized is not subject to any special regime, it can be registered immediately and it is not subject to an ejidal or communal regime; IV. Regulation of adaptations or construction applicable to the subdivision, condominium or housing complex to which the property object of the contract forms part. In the event that there is no merit regulation, this must be indicated in the respective contract and in the corresponding public deed of sale, and V. Official restrictions applicable to construction on the land such as (i) environmental restrictions, (ii) adjoining ecological zones, forest reserves and federal reserves, and (iii) any other limitation decreed by the competent authorities and/or provided for in the applicable legislation. The limitations of merit must be recorded in the public deed that contains the respective sale and purchase operation. 6.5 Of the adhesion contract of intermediation for the acquisition of real estate destined to house habitation. For acts where developers and suppliers involved in advising on and selling real estate for home use, the intermediation adhesion contracts for the acquisition of real estate for home use must contain the elements already mentioned in numeral 6 of the NOM . 6.6 Clauses that cannot be included in adhesion contracts and that could affect their validity. The adhesion contract is required not to contain clauses that: I. Allow unilateral modification of the terms and conditions of the contract; except when it implies a price reduction or a benefit to the consumer; II. Transfer the civil liability of the supplier to third parties that are not part of the contract; III. Release the provider from his civil liability, from liability derived from the existence of hidden defects or in case of eviction; IV. Prevent prescription terms less than the legal ones; V. Prescribe the fulfillment of certain formalities for the origin of the actions that are promoted against the provider; SAW. Anticipate additional charges to those originally agreed; VII. Condition the sale of a home to the acquisition of an additional service, except for the requirements established by housing agencies, under the terms of 4.11.1 and 4.11.2; VIII. Carry out abusive, unfair or discriminatory practices by the provider against the consumer; and IX. Contravene the provisions of the LPC and other applicable regulations. 7. Warranties. 7.1 General provisions and terms applicable to the guarantees of properties intended for housing. 7.1.1 All real estate intended for housing whose transaction is included in the field of application of this NOM, must be offered to the consumer with the corresponding guarantee by the supplier. 7.1.2 The guarantee offered by the supplier in the indicated terms cannot be less than five years for structural issues and three years for waterproofing. For the other elements, the minimum guarantee must be one year. These deadlines are inalienable. 7.1.3 All terms for the exercise of guarantees must be counted from the actual delivery of the real estate to the consumer. 7.2 Repairs derived from the guarantee. 7.2.1 During the time that the guarantee lasts, in the terms expressed in numeral 7.1, the supplier has the obligation to carry out, without any cost to the consumer, any act tending to repair the defects or failures presented by the immovable property object of the contract. 7.2.2 The time that the repairs carried out on the property last, under the guarantee, is not computable within the term of the same. 7.2.3 Once the property has been repaired in accordance with the foregoing, the guarantee corresponding to the repairs carried out begins, as well as in relation to the parts or goods that have been replaced, independently of the guarantee that operates and that continues with respect to the rest of the property, in the terms provided in numerals 7.1.1 and 7.1.2 of this NOM. 7.3 Persistence of defects or failures and bonus in respect thereof. 7.3.1 In the event that the consumer asserts the guarantee established in accordance with the previous numerals and, nevertheless, the defects or failures attributable to the supplier persist in the property, the latter is obliged once again to carry out all the necessary repairs to correct them immediately. 7.3.2 Likewise, the supplier must grant the consumer, in case of the persistence of defects or failures, a bonus based on the following: 7.3.2.1 In case of defects or serious failures of the property, the provider must make a bonus of twenty percent of the amount indicated in the contract as the price of the real estate; Serious defects or failures being understood as those that affect the structure or facilities of the property, compromising its full use or safety, or preventing the consumer from using, enjoying and enjoying it according to its nature or destination. 7.3.2.2 In the case of defects or slight failures of the property, the supplier must make a bonus of five percent on the value of the repair; Understanding defects or minor failures, all those that are not serious in accordance with the provisions of numeral 7.3.2.1 above. 7.4 Serious defects or failures beyond repair. 7.4.1 In the event that the defects or serious failures are determined by the supplier as impossible to repair, the latter may choose, from the moment in which compliance with the guarantee is required, to replace the property, assuming the expenses related to said substitution, without giving rise to the bonus provided for in numeral 7.3.2 of this NOM. 7.4.2 In the event that the supplier decides not to opt for the replacement of the property, under the terms of numeral 7.4.1 above and, in compliance with the guarantee, decides to repair the defects or serious failures and does not do so , it will be subject to the bonus provided for in numeral 7.3.2 of this NOM and the provisions below : 7.4.2.1 In the event that, even after the aforementioned guarantee and bonus has been exercised, the supplier who has not opted for the replacement of the property has not corrected the defects or serious faults, the consumer may opt for any of the two actions listed below: I. Request the replacement of the property, in which case the supplier will assume all the expenses related to it; either II. Request the termination of the contract, in which case the supplier will have the obligation to refund the amount paid, as well as the corresponding interest, in accordance with the provisions of the second paragraph of article 91 of the LFPC. 7.5 Contributing mechanisms to deal with guarantees. 7.5.1 Without prejudice to the obligations established in numerals 7.1, 7.2, 7.3 and 7.4, and their respective subnumerals of this NOM, the provider may hire or have supporting mechanisms to meet said obligations, without understanding that it ceases to be responsible for them before the consumer, which may consist of contracting insurance, bonds, guarantees or other means of compensation that allow you to satisfy the claim of the affected consumer under the terms of this chapter of the NOM. 7.5.2 In such cases, the provider must inform the consumer about said mechanisms with which it has to face its obligations derived from the guarantees that must be made enforceable, and must provide the consumer with the necessary documents to access said mechanisms, and the how they will contribute to fulfilling the supplier’s obligation to satisfy the claim of the affected consumer under the terms of this chapter of the NOM, as well as the procedure for that purpose. 8. Additional services. The additional services offered by the provider to the consumer must be subject to the provisions of articles 10, 86 BIS and 86 TER of the LFPC. 8.1 The adhesion contract for the sale of housing must include in writing the additional, special or related services offered by the provider that the consumer can optionally acquire through and through the acquisition of the dwelling. The provider may only provide an additional, special or related service not provided for in the original contract if it has the express consent of the consumer, and that it is in writing. The disbursements other than the sale price must be expressly accepted by the consumer as indicated in the previous paragraph, and, then, after the consent, they can make their payment effective. The consumer may at any time request to terminate the provision of additional, special or related services to the home at the time that he expressly states so in writing to the provider, without implying that the suspension or termination of the terms and conditions is appropriate. conditions established in the main adhesion contract. To make use of this prerogative, the consumer must be up to date in the fulfillment of all his contractual obligations and only the agreed minimum term has expired. The consumer may use the prerogatives established in this section regardless of whether they have been expressly included in the clauses of the formalized adhesion contract. 9. Deed and Public Notaries. 9.1 On the deed of real estate. In the deed of real estate, the consumer will at all times have the right to choose and decide the notary public, with the following exceptions: In the case of operations with mortgage credit, the consumer can choose, at the proposal of the provider, the notary public as long as he is registered in the register of notaries of the corresponding national housing agencies and credit institutions. In the case of operations without mortgage credit, either party can propose the notary, respecting in any case the freedom of choice of the consumer to designate the same. The provider must provide the necessary documents and information for the deed of the real estate in the name of the consumer. The provider will guarantee transparency and veracity regarding the conditions under which the deed process will be carried out , the information related to the selection of the notary public who will carry out the management, as well as the disbursements other than the sale price. 9.2 On the activities of public notaries. The public notaries before whom the public instruments related to the real estate intended for habitation are granted, must review the documents they have in view, regarding the real estate and the parties involved and will be in charge of compliance with the corresponding provisions. in accordance with the legislation that governs their actions in each federal entity, as well as those indicated in the applicable federal, state or municipal legislation. In any case, public notaries must act impartially, prudently and granting the advice that corresponds to each of the parties that come before them. In any operation that is going to be formalized, the signatories of the deed have the right to include as antecedent of the same, the advertising evidence regarding the offer of the real estate. Public notaries must timely inform and explain to the consumer the integration of the costs involved in the corresponding deed, the steps that must be taken and, once the instrument is granted, make the declaration and full amount of the corresponding contributions on behalf of the parties, as well as the presentation of the testimonies to the Public Registry of Property and delivery to the parties thereof , once registered. 10. Bonus. In the event that the consumer has asserted the guarantee established in article 73 QUATER of the LFPC and, nevertheless, the defects or failures attributable to the supplier persist, the latter will be forced to grant the consumer the bonuses referred to in the article 73 QUINTUS of the same system, according to the following: to. Five percent of the value of the repair in the case of minor defects or failures, understood as those that are not of a serious nature, in accordance with the assumption provided for in numeral 7.3.2.2 of this NOM. b. Of twenty percent of the amount indicated in the contract as the price of the property, in the case of defects or serious failures, I mean those that affect the structure or facilities of the property and compromise the full use or security of the property, or, prevent the consumer from using, enjoying and enjoying it according to its nature or destination in accordance with the assumption provided for in numeral 7.3.2.1 of this NOM. If there are serious faults in the property determined by the provider as impossible to repair, the provider may replace the property from the moment the consumer demands compliance with the guarantee, and will assume all expenses related to it. In this case, there will be no place for the bonus in accordance with the case provided for in numeral 7.4.1 of this NOM. If the supplier decides to carry out the repairs and nevertheless does not carry them out, the consumer will be subject to a discount of twenty percent of the price paid, and the latter may in turn choose to request the replacement of the real estate or the termination of the contract in accordance with the assumption provided for in numeral 7.4.2.1 sections I and II of this NOM. For cases not provided for in article 73 Quintus of the LFPC, the general rules of the bonus contained in article 92 BIS of the same order will apply. Likewise, the lack of veracity in the promised conditions, will give rise to the fulfillment of what was offered or, when this is not possible, to the replacement of the necessary expenses that the acquirer proves to have made and, where appropriate, to the payment of the bonus. or compensation referred to in article 92 TER of the LFPC. For the purposes of determining whether the failure or defect affects the structure or facilities of the property, compromising the full use or safety thereof, or prevents the consumer from using, enjoying or enjoying it according to its nature or destination, the opinion issued by an expert in the matter; for the purpose of which the consumer must allow in any case, the corresponding access to the property, both for the purpose of the repairs provided for in chapter 7 of this NOM, and for the purposes of carrying out the corresponding expert opinion. The appointment of an expert must comply with the provisions of article 107 of the LFPC, so that the supplier and consumer may designate their respective experts. In case of discrepancy in the expert reports, PROFECO will designate a third party expert in disagreement. The expenses of said expert opinions will be borne by the party that requested them and, in the case of a third party in disagreement, his fees will be covered by both parties. Likewise, said fees will be restored, in accordance with the provisions of the applicable civil procedural legislation. 11. Social interest housing. 11.1. Additional provisions applicable to housing issues through loans granted by ONAVIS. The ONAVIS must publish in the Official Gazette of the Federation their rules for the granting of credits, annually or whenever there is a modification to them, in which at least the following items are established: I. Characteristics of the home, according to what is specified in said rules; II. Types of credits and their requirements; III. General contracting conditions; IV. Loan amounts; V. Information on the prequalification of credits; Additionally, the ONAVIS will make the corresponding credit simulator(s) available to the consumer . 11.2. Information on credits granted by ONAVIS and OREVIS. The provider can only use the images and brands of ONAVIS, for the commercialization of their homes, provided they have the express authorization of said institutions, or that general rules are issued in this regard, in order to avoid confusing or misleading the consumer. . The use of the ONAVIS brands and images does not imply that they support the development itself . Non-compliance is not considered when the authorized allusion to ONAVIS is made, specifying that financing or credit scheme of the same can be accessed. For credits issued by INFONAVIT, FOVISSSTE or some other public body, it is important that the provider displays and/or provides consumers with true and truthful information, regarding the fact that the worker may process his credit directly in said institutions through the means that are available for it; Or, the consumer may ask the provider for said procedure free of charge. By virtue of the foregoing, the provider must provide the data of the offices and electronic addresses of the institutional web pages or through advisors certified by the institutions. The provider may provide help or advice to the consumer to obtain a credit INFONAVIT, FOVISSSTE or some other public body free of charge and optional for the consumer. For these purposes, the provider must ensure that its sales advisors or agents are duly trained to provide said service in accordance with the rules issued by the aforementioned institutions. INFONAVIT, FOVISSSTE or any other public body that grants loans for low- income housing properties must make publicly known in the available media, the consultation mechanisms and the pre-qualification methodology to their beneficiaries on a permanent basis. In the event that the credits granted by INFONAVIT, FOVISSSTE or any other public body have quality insurance or similar, the premium of which must be covered by the consumer, reference to said quality insurance must be made in the adhesion contract. In addition, the aforementioned institutions will make sure to inform and deliver a policy to the consumer with the insurance coverage and the mechanisms to make it valid, also informing him of the notices that he must present to make them effective and the timeframe that he has for it. 12. Procedure for conformity assessment. 12.1. Objective and field of application. The purpose of this Conformity Assessment Procedure (PEC) is to define the guidelines that must be followed by accredited and approved inspection units in accordance with applicable legislation to obtain an opinion of compliance with NOM-247-SE-2021, Practices commercialRequirements for commercial information and advertising of real estate intended for housing and minimum elements that must be contained in related contracts , as well as by applicants for such conformity assessment services. For such purposes, this PEC includes: I. The description of the requirements and data that the obligated or responsible subjects must comply with; II. The Conformity Assessment scheme, including the way in which its results will be documented; III. The applicable phases or stages including their duration; IV. Technical and administrative considerations; V. The period of prevention and response to the result of the Conformity Assessment, as well as its validity; SAW. The formats related to the Conformity Assessment that must be applied; and VII. The mention of whether the demonstration of compliance is mandatory or voluntary and who can carry out the demonstration of compliance. Likewise, this procedure contemplates the use of information technologies to verify compliance with the NOM. 12.2 Normative references. The following referred documents or those that replace them are essential for the application of this Conformity Assessment Procedure: 12.2.1 NMX-EC-17020-IMNC-2014 , Conformity Assessment-Requirements for the Operation of Different Types of Units (Organizations) that perform Verification (Inspection) (cancels NMX-EC- 17020-IMNC-2000 ), published in the Official Gazette of the Federation on June 6, 2014. 12.3 Terms, definitions and abbreviations. For the purposes of this Conformity Assessment Procedure, the following terms, definitions and abbreviated terms are established: 12.3.1 approval act by which the General Directorate of Standards of the Ministry of Economy authorizes accredited persons to assess compliance with this NOM. 12.3.2 opinion of compliance document issued by the Inspection Unit through which compliance with this NOM is demonstrated. 12.3.3 Law Applicable and current legislation on quality infrastructure. 12.3.4 NOM Official Mexican Standard. 12.3.5 Inspection Unit (UI ) legal person accredited and approved in accordance with the provisions of the Legislation of the Matter and its Regulations, whose purpose is to perform functions to issue opinions of compliance with the provisions of this PEC. 12.3.6 PEC Procedure for conformity assessment. 12.3.7 Secretariat Ministry of Economy. 12.3.8 Inspection verification or visual verification by examining documents that is carried out to assess compliance with the provisions of this NOM and this PEC. 12.3.9 PROPHECY Federal Consumer Attorney. 12.4 General Provisions. 12.4.1 This PEC will be carried out by the RUs accredited by an Accreditation Entity and approved by the Secretariat, through the General Directorate of Standards in terms of the provisions of the applicable Legislation and its Regulations, for this NOM . 12.4.2 The compliance opinions issued by the RUs will be valid before the Authorities, Dependencies and Entities of the Public Administration of the different orders of government, for the purposes that may apply. 12.4.3 The Applicants, and consequently eventual holders of the compliance reports, may be the providers that are fractionators, builders, promoters, owners, possessors or holders and other natural or legal persons involved in advising and selling to the public of properties intended for residences that choose to resort to the services of the RUs, including the subscribers of the adhesion contracts on said properties. 12.4.4 The UI must conduct, at all times, its actions in accordance with the legislation on quality infrastructure and the NMX-EC-17020-IMNC-2014. 12.4.5 In any case, the use of information technologies for the submission and documentary review necessary for the Conformity Assessment provided for in this Procedure must be privileged. 12.5. Conformity assessment scheme. 12.5.1 In order to demonstrate compliance with the NOM, developers, builders, promoters and other persons involved in advising and selling to the public real estate intended for housing, may voluntarily resort to the services of the RU of their choice. 12.5.2 The foregoing without prejudice to the powers of verification and surveillance in the market of the competent authorities in accordance with their legal powers, which in any case must attend to and respect the conformity assessment procedures and their results provided herein in accordance with the provisions of current legislation. 12.6. Presentation of the application. 12.6.1 For the purposes of requesting the inspection service, applicants will submit to the accredited and approved UI, the corresponding compliance documentation with each one of the sections of the NOM in accordance with the provisions of Appendix B of this PEC, with the purpose of to obtain the corresponding compliance opinion. Once the application is integrated, the UI will review that it is complete and duly formulated in accordance with the provisions of the following numerals. 12.6.2 The UI must create a service file, assigning the applicant a care sheet so that he can follow up on the requested service. 12.6.3 In the event of any deficiency in the application; the UI will require the applicant to make the corrections of the deficiencies found. The previous requirement will be made to the Applicant within a term that does not exceed five business days after the inspection unit received the request, as provided below. 12.6.4 The applicant must make the corrections of the deficiencies within a term that does not exceed 20 business days from the day after receiving the notification from the UI. In the event that the applicant does not make the requested corrections, the application will be understood as rejected and a new procedure must be carried out. 12.6.5 The UI will internally establish the date and time for the documentary inspection visit, within a maximum period of five business days from the assignment of the attention sheet. 12.7 Documentary evidence. The documents that, including but not limited to, the Applicants may present to demonstrate compliance with the sections of the NOM will be those contemplated in Appendix B of this PEC (list of evidence). 12.8 Procedure for obtaining the opinion of compliance. 12.8.1 Presentation and analysis of requests for ruling services. To obtain the conformity opinion, the interested parties must consider the following: The applicant has the right to request the UI to inform him about the requirements or information necessary to start the process, which must be subject to the provisions of this PEC. The UI must provide the applicant with the information package (or make it available through publications, electronic means or others) that will contain: a) UI inspection service request form. b) The list of documents, information or requirements that are required to verify compliance with this NOM, subject to the provisions of Appendix B of this PEC. c) Service provision contract to be signed with the UI. d) The applicant must submit to the UI, the application duly completed and signed in duplicate in original, which must be signed by the legal representative or attorney of the Applicant. The application will include the technical and documentary documentation, both in physical and digital media, as the case may be, in accordance with Appendix B, which will be sufficient to demonstrate compliance with this NOM in accordance with the provisions of this PEC. e) In the event that the service of a RU is contracted, the contract for the provision of services signed in duplicate will also be presented, which must be signed by the legal representative or agent accredited with the applicant’s power of attorney. f) To prove the aforementioned representation, a simple copy of the constitutive act stating the power of attorney granted in his name or the notarial power of said representative and a copy of the official identification or with a power of attorney before two witnesses with copies of the official identifications of all signers. g) The RU must receive and review the technical documentation submitted by the Applicant. h) The UI must deliver the response within a maximum period of seven business days, counted from the day after the request is received. i) In case of lack or omission of documents, the UI must request them within a maximum period of five business days after the documentation is submitted by the applicant, otherwise, it cannot argue that the application is incomplete. j) The applicant has a period of 20 business days, counted from the day after the notification mentioned in the previous paragraph, to correct the omissions. If they are not resolved within the established period, the UI will generate a record in which the procedure is concluded and states the reason why the corresponding Opinion was not granted. k) Once the applicant corrects the omissions, the UI has a period of 10 business days to review and resolve the corresponding procedure. l) In the event that the UI does not provide a response to the procedure promoted by the applicant within the period of 10 business days that he has to review and resolve the procedure in accordance with the previous point, it will be understood that the resolution will be approving. m) In the event that the procedure is resolved favorably, the UI must issue the opinion of compliance with the NOM. 12.8.2 Ruling criteria. Technical and administrative considerations. The DU must make the inspection decision based on the following: 12.8.2.1 If the applicant presents the evidence stating that the requirements of the NOM are accredited in accordance with the provisions of Appendix B of this PEC, the UI must issue the opinion of compliance with the NOM. 12.8.2.2 If non-compliance with the NOM is determined, the UI will generate a document through which the applicant is made aware that the documentation and evidence provided did not comply with the requirements, either because the corresponding documentation has not been submitted or because the same is not validated in terms of its authenticity and must always found and motivate why the corresponding compliance opinion was denied. The UI must be clear and specific regarding the documentation that does not prove compliance with any requirement and the reason for such non-compliance. 12.8.2.3 The resolution must be signed by the person authorized in the TU, which must be accredited in the same document. 12.8.2.4 Once the inspection is complete, the UI will integrate a file with all the documents and records that support the inspection process; which it will guard for a minimum of five years, in compliance with the provisions of the international standards and guidelines applicable to the actions of the UI. The UI must inform the applicant about the final disposition of their file at the end of the established term, which must be contemplated in the corresponding service provision contract. 12.8.2.5 The compliance reports issued by the RUs must be issued on letterhead or with any other element that ensures their authenticity and traceability, and contain at least the following information: a) Name and position of the person issuing the Opinion; b) Date and place of issue; c) Name or company name of the Applicant; d) Address of the Applicant; e) Citing compliance with the NOM; f) Signature of authorized personnel. The compliance opinions issued by the RUs with respect to the NOM will be valid indefinitely and will remain in force as long as no change or modification is incorporated in the conditions or evidence that gave rise to them. In the event of a change in the conditions or evidence that gave rise to them, a new compliance opinion may be obtained . In relation to the foregoing, the applicant will request the extension and update of the prior compliance report, considering the corresponding change in specification or scope, complementing the request with the technical documentation or evidence that supports the change in the scope of the report obtained. 12.9. Suspension or cancellation of compliance reports. 12.9.1 The UI, without prejudice to the contractual conditions for the provision of the inspection service, may suspend or cancel the compliance report when: 12.9.1.1 The conditions established in the compliance report are not met; 12.9.1.2 The circumstances that gave rise to it are modified or cease to exist without having requested the extension and update of the prior compliance opinion provided for in this PEC; 12.9.1.3 it is shown to have been granted on the basis of falsified or altered documentation or evidence, and 12.9.1.4 The assumption established by article 154, section VI, of the Quality Infrastructure Law is updated , by mandate of the competent standardization authority, through a firm resolution. |
Subsection | Requirement to evaluate | demo form |
4 | Complaints and requests attention channels . | The provider will demonstrate that it has channels and mechanisms for customer service, free of charge and accessible through any of the following means: Telephones, email, forms on websites or any means of digital contact, having to state that they are enabled at least on business days and hours. The provider will show its format or means, digitally or physically, to receive complaints, requests or suggestions from consumers, at any of the points of sale or customer service, address of the provider’s headquarters or its branches. The supplier will state the digital or physical means by which he indicated an address to hear and receive notifications from consumers. |
4 | Information on the Internet Portal | In the event that the provider has an Internet portal, it is checked that it has the following information: I. Total prices in cash operations and the characteristics of the different types of property that are marketed through a link; II. Legend that indicates that in credit operations the total price will be determined based on the variable amounts of credit concepts and notarial expenses that must be consulted with the promoters, in accordance with section 5.6.7 of this NOM; III. Physical and electronic address where a complaint or claim can be filed, and opening hours; IV. Sample adhesion contract registered with PROFECO; V. Forms and payment plans for real estate; SAW. In the event that the property is financed by the provider, the provider must inform about the percentage of the interest rate, the total annual cost, the amount of the commissions, as well as the insurance attached to the financing and its existing coverage; and |
VII. The Privacy Notice |
4 | Information in physical attention office | In the event that the provider does not have an electronic portal, but does have a physical service office, the information provided in this numeral must be visible or indicate that it is available and be easily accessible to the consumer. I. Total prices in cash operations and the characteristics of the different types of property that are marketed through a link; II. Legend that indicates that in credit operations the total price will be determined based on the variable amounts of credit and notarial concepts that must be consulted with the promoters, in accordance with section 5.6.7 of this NOM; III. Physical and electronic address where a complaint or claim can be filed, and opening hours; IV. Sample adhesion contract registered with PROFECO; V. Forms and payment plans for real estate, and SAW. In the event that the property is financed by the provider, the provider must inform about the percentage of the interest rate, the total annual cost, the amount of the commissions, as well as the insurance attached to the financing and its existing coverage. |
4 | Advance | The supplier must demonstrate to the Inspection Unit that it has provided proof, in free digital or printed format, for the advance payments received. Likewise, it must demonstrate documentary evidence stating that it informed the consumer of the conditions to which said advance is subject, as well as the policies for its application, return or reimbursement in accordance with the provisions of this NOM in its subsection 4.4. In the event that the executive project of the property for which the advance was made needs to be modified during the work, the supplier must demonstrate by means of a copy of the physical or electronic communication that contains the date of said notification, that it notified the consumer about the modifications carried out, in accordance with the provisions of the fourth paragraph of 4.4. Likewise, it is demonstrated if the consumer decided to continue with the purchase of the property with a copy of the written communication of its acceptance, virtual or printed, as the case may be. In the event that the consumer has decided not to continue with the purchase of the property, the supplier must demonstrate to the Inspection Unit that the process of returning the property |
advance is made in accordance with the provisions of the second paragraph of 4.4 of this NOM. |
4 | hitches | The UI must verify compliance with the obligations established in section 4.5. of the NOM related to down payments, its application in the event of purchases and sales in installments and termination of the contract. In the event that the executive project of the property for which the down payment was made needs to be modified during the work, the Supplier must demonstrate by means of a copy of the physical or electronic communication made that it notified the consumer about the modifications made. Likewise, it is demonstrated if the consumer decided to continue with the purchase of the property with a copy of the written communication of its acceptance, virtual or printed, as the case may be. |
4 | presales | The supplier must present evidence that demonstrates that, during the pre-sale, it prominently and visibly displayed to consumers by digital or physical means, the sale price and the characteristics of the homes. |
4 | Nondiscrimination | The provider must demonstrate that it has a non-discrimination policy in accordance with article 58 of the LFPC and that it has been notified to consumers in digital or printed form or the media in which they can consult it. |
4 | Rights letter | The provider must demonstrate that it delivers the bill of rights to consumers , by printed, physical or digital media, in the terms established in 4.8 of this NOM. |
5 | Information and advertising / language | The information and advertising of the provider must be in Spanish, by digital or physical means in understandable and legible terms. Notwithstanding that it may be additionally in other languages. |
5 | Information and publicity/ general requirements | The provider must documentally demonstrate that it makes the information provided for in article 73 BIS of the LFPC available to the consumer, by digital or physical means, including the following: I. Trade name and business name of the provider; II. Contact information that includes address, telephone number and/or email address; III. Proof of ownership of the property, or , where appropriate, the right or power to market or dispose of it, and the encumbrances it has, except those derived from the credit used by the provider for the construction of the home; IV. Price of the property in cash operations; in credit operations, indicate that the total price will be determined based on the variable amounts of credit and notarial concepts; V. Payment methods available by private unit to be marketed, which may be, including but not limited to, INFONAVIT, FOVISSSTE, bank credit, from the same provider, from public or private organizations or unions; SAW. Licenses, permits or authorizations of the property granted by the competent authorities; VII. General specifications of the property that contain, as a minimum: location, boundaries, measurement data, service facilities, finishes and construction system; VIII. Data on the means available to the provider for the consumer to file a complaint or a claim, and the opening hours of these means; and IX. Registration number before PROFECO of the contract with which the properties are marketed. |
5 | Information and publicity/ endorsements | If advertising or information includes legends or information indicating that they have been endorsed, approved, recommended or certified by professional societies or associations other than the supplier, it must be demonstrated with documents from said professional societies or associations that prove that they give their endorsement or recommendation, thanks to the fact that they have scientific, objective and reliable evidence, which allows them to endorse, approve, recommend or certify the qualities or properties of the product or service, or any other requirement indicated in the applicable laws to prove them. |
5 | Information and advertising/ price | The supplier must demonstrate that the Price of the property was communicated to the consumers, by printed, physical or digital media, in cash transactions. The sale price of the property must be offered in national currency, notwithstanding that it may also be expressed in foreign currency; if applicable, it will be at the exchange rate in force in the place and date at the time the payment is made, in accordance with the applicable legislation. In credit operations, the supplier must demonstrate that consumers were informed, by printed, physical or digital means, that the total price will be determined based on the variable amounts of credit and notarial concepts that must be consulted with the promoters. |
5 | Information and advertising / offers and promotions | In the event of having offers and promotions, the provider must demonstrate that they informed consumers by printed, physical or digital media : the validity or, where appropriate, the volume of properties offered. |
5 | Information and publicity/ Executive project requirements , model, | The provider must prove that it has a physical or virtual representation (that is, by optical, digital or electronic means), available to consumers, which is intended to show the general characteristics, distribution and dimensions of the property that is the object of the sale and , where appropriate , the housing development where it is located, in terms of article 34 of the RLFPC. |
5 | Information and publicity/ Property information | The supplier must demonstrate that he made the structural, architectural and installation plans available to the consumer , or, failing that, an opinion on the structural conditions of the property, endorsed by a responsible or co-responsible expert, either physically or by any optical or e-mail or, where appropriate, expressly indicate the reasons why you do not have them, as well as the period in which you will have said documentation. |
5 | Information and publicity/ Civil protection | The supplier must demonstrate to the Inspection Unit that it has a Civil Protection Program for the property and that it was made available to consumers, whether by print, physical or digital media. |
5 | Information and advertising/ Finishes | The supplier must demonstrate to the inspection unit, in accordance with the provisions of numeral 5.6.6, the way in which consumers are informed about the finishes that the property will have, whether they are found in the information and advertising on the homes that it sells, specified as such in the sample property or, where appropriate , with those agreed with the consumer, which must be described in the respective contract. |
5 | Information and publicity/ Promoters | The supplier must demonstrate to the Inspection Unit that its promoters are obliged to use the credential issued by the supplier, or by the sales concessionaire that clearly contains its full name, logo of the concessionaire, if applicable, logo of the supplier , position, validity of the identification and a complaint attention number . |
6 | adhesion contract | To demonstrate that the adhesion contract model complies with the provisions of chapter 6 of this NOM, the supplier must provide the Inspection Unit that it has been registered with PROFECO. |
7 | Guarantee | The supplier must present to the Inspection Unit the guarantee offered to consumers in accordance with the provisions of chapter 7 of this NOM, accompanying evidence that demonstrates that it is informed to consumers in printed, physical or digital form. |
8 | Additional services | The provider must present evidence to the Inspection Unit that shows that it notified consumers in print, physically or digitally about the additional services, when they exist in the terms provided by chapter 8 of this NOM. |
9 | Deed and notaries | Valid documents to prove ownership of the property. The provider must prove ownership of the property through the following documents: I. Public deed granted by a public notary duly registered in the Public Registry of Property; in the case of real estate subject to the condominium property regime, public deed stating the constitution of this regime; either II. In the cases that proceed, by means of a private contract, once the signatures have been ratified before a notary or administrative authority and it is duly registered in the Public Registry of Property. Once the credit is authorized in favor of the consumer or the signature in cash operations is agreed, the provider must demonstrate physically or digitally or electronically, that it provided the Notary with the necessary documents and information to carry out the deed of the alienation of the property in favor of the consumer or, where appropriate , the reasons why it has not yet been carried out. |
10 | Bonus | The supplier must demonstrate through documentary evidence that in the cases provided for in chapter 8 of this NOM, it has carried out the discount in the percentages and terms provided for each case in said chapter, when there were cases in which said provision has been made. bonus. |
eleven | Social interest housing | The provider, when using ONAVIS images and brands , for the marketing of their homes, must demonstrate that they have the express authorization of said institutions, or that they comply with the general rules that may be issued, in accordance with the provisions of these General Rules. Non-compliance is not considered when the authorized allusion to ONAVIS is made, specifying that financing or credit scheme of the same can be accessed. For credits issued by INFONAVIT, FOVISSSTE or some other public body, it is important that the provider demonstrates that it displays and/or provides consumers, by physical or digital means, information that the worker may process his credit directly at said institutions . through the means that are available for it, or, that informed the consumer if he may request said procedure from the provider for free. By virtue of the foregoing, the provider must demonstrate that it provided the consumer, by physical or digital means, the data of the offices and electronic addresses of the institutional web pages or through advisors certified by the institutions. |
12 and 4.3 | Privacy | The provider must present the privacy notice, legible and visible to consumers in its physical establishment and, where appropriate, through any other physical, printed or digital means, including but not limited to : the page Internet or electronic communications, through its full text or link that leads to it, optical or auditory means or by any other technology. |
13. Surveillance and verification.
The Ministry of Economy is in charge of monitoring compliance with this NOM, through the General Directorate of Standards, while PROFECO is responsible for verifying compliance with this NOM, as well as sanctioning non-compliance with its provisions, according to in accordance with the provisions of the Law and other applicable legal regulations.
14. Concordance with international standards.
This Official Mexican Standard is not equivalent (NEQ) to any international standard, as there was no reference at the time of its preparation.
Appendix A
(Normative)
Content of the bill of rights
In all commercial house purchase transactions, the supplier agrees that they are carried out in accordance with the provisions of the LFPC, its Regulations and this NOM, for which reason it recognizes that consumers have the following rights:
1. Receive, regarding the real estate offered, truthful, clear and updated information and advertising, regardless of the means by which it is communicated, including digital media, in such a way that it allows the consumer to make the best purchase decision knowing truthfully the characteristics of the property you are acquiring, in accordance with the provisions of the Law.
2. Know the information about the characteristics of the property, among them: the extension of the land, constructed area, type of structure, facilities, finishes, accessories, parking space , common use areas, services available and general physical condition of the property. property.
3. Freely choose the property that best meets your needs and fits your purchasing power .
4. Not make any payment until the contractual relationship is recorded in writing, except for those referring to advances and operating expenses, under the terms provided by the LFPC.
5. Sign an adhesion contract under the model registered in the Federal Consumer Attorney’s Office, stating the terms and conditions of the sale of real estate. After signing , the provider has the obligation to deliver a copy of the signed contract to the consumer.
6. Acquire a property that has the safety and quality characteristics that are contained in the applicable regulations and reflected in the information and publicity that you have received.
7. Receive the property within the term and conditions agreed with the supplier in the respective adhesion contract.
8. If applicable, exercise the guarantees on real estate provided for in the LFPC, considering the specifications provided for in the respective adhesion contract.
9. Receive the corresponding bonus or compensation in terms of the LFPC, in the event that once the guarantee has been exercised, defects or failures persist in the property. Likewise, to carry out the necessary repairs in case of defects or failures attributable to the supplier, or opt for the substitution of the property or termination of the contract when appropriate.
10. Have free and accessible service channels and mechanisms for queries, requests, claims and suggestions to the supplier, and know the address indicated by the supplier to hear and receive notifications.
11. Right to protection by the competent authorities and in accordance with applicable laws, including the right to file complaints and claims before them.
12. Have at your disposal a Privacy Notice to know the treatment that will be given to the personal data you provide and consent to it, if applicable; that your personal data is treated in accordance with the applicable regulations and, to know the mechanisms available to exercise your Rights of Access, Rectification, Cancellation and Opposition.
13. Receive treatment free of discrimination, without being able to deny or condition the attention or sale of a home for reasons of gender, nationality, ethnicity, sexual preference, religious or any other particularity in the terms of the applicable legislation.
14. Freely choose the notary public to carry out the deed process.
15. Bibliography.
15.1 Political Constitution of the United Mexican States , published in the Official Gazette of the Federation on February 5, 1917, last reform published on May 28, 2021.
15.2 Federal Civil Code , published in the Official Gazette of the Federation on May 26, 1928, last reform published on January 11, 2021.
15.3 Monetary Law of the United Mexican States, published in the Official Gazette of the Federation on July 27, 1931, last reform published on January 20, 2009.
15.4 Federal Law for the Protection of Industrial Property , published in the Official Gazette of the Federation on July 1, 2020, without amendments.
15.5 Law of the Institute of the National Housing Fund for Workers , published in the Official Gazette of the Federation on April 24, 1972, last reform published on July 31, 2021.
15.6 Law of the Institute of Security and Social Services of State Workers , published in the Official Gazette of the Federation on March 31, 2007, last reform published on May 20, 2021.
15.7 Federal Economic Competition Law , published in the Official Gazette of the Federation on May 23, 2014, last reform published on May 20, 2021.
15.8 Federal Consumer Protection Law , published in the Official Gazette of the Federation on December 24 , 1992, last reform published on December 24, 2020.
15.9 Federal Law on Metrology and Standardization , published in the Official Gazette of the Federation on July 1 , 1992, repealed.
15.10 Quality Infrastructure Law , published in the Official Gazette of the Federation on July 1 , 2020, without amendments.
15.11 General Law on Human Settlements, Territorial Planning and Urban Development , published in the Official Gazette of the Federation on November 28, 2016, last reform published on June 1, 2021.
15.12 General Civil Protection Law , published in the Official Gazette of the Federation on June 6, 2012, last reform published on May 20, 2021.
15.13 Federal Law on Protection of Personal Data Held by Individuals , published in the Official Gazette of the Federation on July 5, 2010, without amendments.
15.14 Regulation of the General Civil Protection Law , published in the Official Gazette of the Federation on May 13, 2014, last reform published on December 9, 2015.
15.15 Regulation of the Federal Law for the Protection of Personal Data Held by Individuals , published in the Official Gazette of the Federation on December 21, 2011, without amendments.
15.16 Regulation of the Federal Consumer Protection Law , published in the Official Gazette of the Federation on August 3, 2006.
15. 17 Regulation of the Federal Consumer Protection Law , published in the Official Gazette of the Federation on December 19, 2019.
15.18 Regulation of the Federal Law on Metrology and Standardization , published in the Official Gazette of the Federation on January 14, 1999, last reform published on November 28, 2012.
15.19 Agreement issued by the Federal Consumer Attorney’s Office by which the models of adhesion contract in real estate matters are made known, published in the Official Gazette of the Federation on November 24, 2004.
15.20 Agreement issued by the Federal Consumer Attorney’s Office by which annexes 1 and 2 of the diverse are replaced by which the models of adhesion contract in real estate are disclosed , published in the Official Gazette of the Federation on May 25 of 2010.
15.21 Agreement issued by the Federal Consumer Attorney’s Office establishing the Guidelines for the Analysis and Verification of Information and Advertising, published in the Official Gazette of the Federation on July 24, 2012.
15.22 Rules for the Granting of Credits to Rightful Workers of the Institute of the National Housing Fund for Workers, published in the Official Gazette of the Federation on May 4 , 2020.
15.23 Housing Developers Rule s , Government of Singapore, hyperlink: https://sso.agc.gov.sg/SL/130-R1?DocDate=20171101 , accessed: June 16, 2020.
TRANSIENT
FIRST. This Official Mexican Standard will enter into force 180 calendar days from the day after its publication in the Official Gazette of the Federation.
SECOND. The obligated subjects according to chapter 6 must submit to the Federal Consumer Attorney’s Office the process of Registration of the Adhesion Contract, within 90 calendar days from the day after its publication in the Official Gazette of the Federation.
THIRD. Within 120 calendar days from the day after its publication in the Official Gazette of the Federation, obligated subjects in accordance with numeral 11.2 must enter the Institute of the National Housing Fund for Workers (INFONAVIT), Housing Fund of the Institute for Security and Social Services of State Workers (FOVISSSTE) or any other public body that grants loans for low-income housing real estate, the Authorization process for the use of images and brands of the National Housing Organizations.
ROOM. The day after the publication in the Official Gazette of the Federation, accreditations and approvals may be initiated and processed to Evaluate the Conformity of this Official Mexican Standard.
Mexico City, February 16, 2022.- The General Director of Standards and President of the National Advisory Committee for Standardization of the Ministry of Economy, Lic. Alfonso Guati Rojo Sánchez .- Heading.
