With the recent publication of the Mexican Official Standard (NOM) for the housing marketingspecialists from real estate pointed out a series of challenges for its implementation, which range from the review of contracts by the Federal Consumer Protection Agency (prophet), the regulation on individual sales and used houses, until the lack of a federal law that accompanies the norm.
In the forum “New NOM for the real estate marketing”, Florencia Estrada, national president of the Mexican Association of Real Estate Professionals (AMPI), pointed out that, because the housing marketing It will require the accompaniment of a structural opinion of the property, many owners will not have the resources for it.
“It is not only for the suppliers, it is also for the owners who want to sell to you, because they require you now, that the person who wants to sell has a structural technical opinion in living place used. Not all people have the money, especially in affordable housing, to be able to pay,” said the AMPI representative at the forum organized by the Tiburones Inmobiliarios platform.
Aníbal Pedrero, a specialist lawyer in the sector, noted that the regulations speak of the obligation to comply with it to anyone who intervenes in the sale to the general public, so it should be noted that even if a single house is sold, but is offered through social networks, real estate portals or even door to door, the requirements of the normative.
“If you pick up the phone and say ‘Florencia Ernesto, here is my house for sale’, nothing happens, but if you put it in the general public, the rule strictly applies,” explained Pedrero.
In addition, since the NOM urges for the registration of contracts before the prophetit will be necessary to check if the body has the capacity to allow the pertinent review in each operation.
“On the subject of Rule 247 (housing), it is very clear, the steps to follow and the documents that must be included in the contract are indicated, assumptions for land and house, and all terms and deadlines, that is what Care must be taken when drafting the contract.
“But the prophet will be saturated, because if the promoters real estate They present Profeco at this moment ‘you have 30 days to answer’, you are going to kill them, you have to take the initiative at this juncture”, said Pedrero.
Meanwhile, Ernesto Meana, former head of AMPI in Mexico City, pointed out that the lack of a federal law real estate restricts the scope of the NOM at the national level due to the lack of laws that regulate the aforementioned issues, which prevents determining the sanctions for non-compliance with the measures.
“Each of the states of the federation has a real estate lawand AMPI has a law in Mexico City, but what it does not have is a regulation for the application of the law, and therefore it cannot be sustained if I do not have a form of procedure for the law created, how am I going to regulate or apply”, he sentenced.
“In other states of the republic, they already have professional laws real estate local, in this particular case there is still no federal law for the 32 states. If you raise the problem with me in Mexico City, we have a serious conflict, but there can be no sanction,” Meana said.
The former head of the local AMPI indicated that article 87 of the NOM points out that, once the contract is sent to Profeco, there is a period of 30 days to respond, but if there is no response within the period of 30 more days, the contract will be considered valid.
Successes of the NOM
Specialists agreed that the NOM represents important advances in terms of regularization of the sector, since, although most of the states in the country have a real estate lawthere was no norm that dictated the rules.
Florencia Estrada stressed that the difference between achieving a healthy operation or not, will be determined by the knowledge in the sector, for which the real estate professionals certificates will be a better choice.
“I am pleased with this rule, because AMPI has been working since 2003 or 2004, since we already have the adhesion contracts registered in Profeco”, he mentioned.
“He is going to put an order in the real estate servicesrequires that people who are engaged in marketing are registered, have federal certification, “added the president of the national AMPI.
Aníbal Pedrero considered that the regulation through the standard allows people involved in the sale of real estate to be professionals, due to the specialization of the requirements.
Currently, AMPI has more than 5,000 real estate professionals registered in its registry.