What are the rights of condo-owners against developers in Mexico?
The condominium owners and property acquirers have the right to receive the property promised to them under the contracted terms and, in addition, to receive indemnification from damages when there are hidden defects or damages in the construction; but the term for claims of the latter is short (one year).
It is possible that you bought a house or an apartment and that upon receiving it, it was not to your total satisfaction because it did not fulfill the promised characteristics or, over time, a problem that you did not know at the time of buying it arose.
In these situations, it is very common to ask:
What can I do? Do I have a guarantee? Does the developer or construction company have to respond to the guarantee? To whom do I make these claims?
All starts with the Contract that you have signed with the developer. It is our main tool to assert each and every one of your rights in the event of a failure or some hidden faults in the property that you acquired.
The Contract is the main instrument to determine what can or cannot be claimed from the developer, but it is not the only one. The legal system in Mexico is based on written law and civil law covers rules when the parties did not agree on specific clauses in contracts or did not define them in detail, unlike common law where, generally, there are no supplementary laws. Thus, in Mexico, the buyer has more rights than those established in the contract.
What can we do?
Once the problem arises, our legal team could analyze your contract to determine the best course of action and raise a good defense.
Do I have a guarantee?
Of course, in addition to the guarantees that the Contract must have, the different laws in Mexico provide guarantees against a bad delivery under the conditions of the property.
Does the developer or construction company have to respond?
Indeed, the company must respond to any eventuality, as it is directly responsible for delivering the property in the promised conditions.
How long do I have to make the claim?
In this regard, some laws consider broad terms to make claims, but in the case of the State of Quintana Roo, or Mexico City, the term to carry out the claim is only 1 (one) year, according to the Code Civil for the State of Quintana Roo, in its article 2339 and article 2149 of the Civil Code for Mexico City.
To whom do I make these claims?
Our legal firm, can guide you to go to the competent Court and make the claim and in due course, force compliance to the developer or construction company. Then, with our legal services, we can ensure that each and every one of your rights is asserted.
Can I share legal expenses with other people in my same situation?
Of course, in any situation in which a group of people are affected by the same developer, that group of people can meet and collectively sue. So, it is also possible that the expenses generated by that claim may be shared.
Currently, in some countries, these types of lawsuits are known as Class Action, in which a group of people who were affected by the same company, meet and appoint a representative to file before a judicial authority and claim on behalf of all, the payment of damages.
Likewise, it is common for a group of people (for example, condo owners living in a Condominium), to be affected in terms of their rights by a single company (for example, a real estate developer).
Expenses can be shared, but the compensation could be divided in different terms depending on direct damages. For example, in Condominium, if the damage is located on the ground floor, mainly the owners of the ground floor would be paid for their damages. But if the damage is in the foundation of the building, this problem will affect the entire Condominium and not just the ground floor apartments. In this sense, the repair of the foundations will benefit both those living in the ground floor and those living in the Penthouse.
These kinds of lawsuits and lawsuits are very common in the United States and some parts of Europe, but in Mexico, our legislation is being is just starting to regulate Class Actions. However, in terms of damages, the law in Mexico requires to demonstrate direct damages suffered. Discuss your case with us. Schedule a Free Call.