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Riviera Audit/Tools/Contract Clause Analyzer
Legal Intelligence

Pre-Sale Contract Clause Analyzer

Mexican developer contracts are structured to favor the developer. This checklist covers every clause that matters -- what to insist on, what to negotiate, and what signals a fraudulent or high-risk contract. Use it before signing anything.

Checklist Progress
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Clauses reviewed
0/7
Essential clauses confirmed
REVIEW
Contract status
Contract Clause Checklist
Escrow and Payment
Third-party escrow requirementESSENTIAL
Does the contract specify the exact bank, account number, and escrow agreement terms?
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Milestone-based fund releaseESSENTIAL
Are the release milestones specific, verifiable, and tied to independent inspection?
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Full refund on developer failure to deliverESSENTIAL
What exactly triggers a refund and what is the timeline?
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Delivery Terms
Specific delivery dateESSENTIAL
What is the specific delivery date and what is the defined grace period?
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Delay penalties payable to buyerNEGOTIATE
Is there any financial consequence to the developer for late delivery?
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Force majeure definitionNEGOTIATE
What events specifically constitute force majeure and for how long can they extend delivery?
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Property Specifications
Exact unit specificationsESSENTIAL
Is the exact square meter measurement, floor plan, and finish specification contractually committed?
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Common area specificationsIMPORTANT
Are the amenities that influenced your purchase decision in the contract or only in marketing materials?
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Title and Ownership
Clear title commitmentESSENTIAL
Does the developer explicitly warrant clean title in the contract?
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Fideicomiso establishment timelineESSENTIAL
Which bank is the proposed fideicomiso trustee and can you choose an alternative?
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Pre-registration of rights (inscripcion preventiva)IMPORTANT
Will your purchase rights be registered at the public registry before delivery?
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Legal Jurisdiction and Dispute
Jurisdiction clauseREVIEW
In which court and which state are disputes resolved?
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Arbitration clauseREVIEW
Is arbitration mandatory and who selects the arbitrator?
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Legal Notice
This checklist does not replace independent legal counsel

Engage a Mexican real estate attorney independent of the developer before signing any purchase agreement. Attorney fees for contract review typically run $500-1,500 USD -- negligible relative to the transaction size and the risk of an unfavorable contract. Riviera Audit can connect you with vetted attorneys in the corridor.

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