The housing NOM, between professionalization and overregulation in the real estate sector

For members of the real estatethe Mexican Official Standard (NOM) 247 regarding marketing of housing andIt is a measure that, although it adds new regulations to comply with in the industry, this could trigger acts of corruption in operations.

However, some of the established parameters must have been the initiative of the participants themselves. real estate to regulate the industry, concluded Federico Sobrino, specialist member of organizations such as Coparmex and the Mexican Association of Real Estate Professionals (AMPI), and Gene Towle, managing partner of the firm Softec.

And it is that, according to the NOM published in March, which will enter into force approximately next September, all the members involved in a real estate marketing operation for housing must meet the requirements established for the benefit of the buyers.

For Federico Sobrino, regardless of the initiative promoted by the Ministry of Economy, the real estate they had to promote the defense of those involved in the operations, to provide training and certifications.

“Today I see bankers or insurers with strong associations, notaries, and us as real estate we have not managed to get to this, to self-regulate, to be able to generate the self-confidence that should exist in our clients,” said Sobrino.

Due to the entry of more people to the real estate industrythe lack of training and knowledge has become a challenge, which should have been addressed by the industry and not by authorities such as the Ministry of Economy or the Consumer Protection Agency (Profeco).

“This sector is growing disorganized, where we require training, where we know that many times it is not because of bad faith, but because of lack of knowledge.

“The real estate that we have spent time we have not been able to self-regulate and to marginalize all those new people to be trained or, for those who in bad faith, put you aside, ”said the specialist.

The growth recorded by the real-estate market; however, it requires order and addressing the deficiencies generated by this increase in operations, the experts assured.

“We do not need other unions or the authority to be able to access all this and that finally, urgently, this Official Mexican Standard is generated due to all the irregularities, which the authority comments, have been presented,” said Sobrino.

Watch out! Corruption in sight

For Gene Towle, organizer of the seminar “Housing NOM. What do you have to do and how does it affect you? real estate industry it represents a greater burden of regulation to comply with, even in some points, the sanctions fall on the developers and operators.

For the head of Softec, a regulation is added to the real estate operations which implies an excess of responsibilities as occurred with the anti-money laundering law.

“On the subject of the money laundering law, the truth is that at the real estate industry They put a series of hurdles and padlocks on it that make no sense,” he considered.

For example, to whomever sells the home, having to know in detail who the buyer is and having the information available for years is an excess of responsibility, which the authority must rather fulfill.

The fine points to take care of

Among the parameters established by NOM 247 are issues ranging from adhesion contracts, sales and pre-sales, sale of services, among others.

However, specialists questioned the lack of segmentation by type of housing, for example new or used, and even the existence of required conditions for units financed with mortgage loans.

Among some of the points questioned by real estate gathered at the seminar, which consider that they should be reviewed, clarified and understood, highlighted the following:

  • Contracts, unilateral, that is, agreements prior to the purchase-sale operation, including “promise”, in which the final price of the commercialization has not yet been set.
  • Pre-sale operations, specific conditions on deliveries and payments.
  • Determine prices and down payments, as well as deed expenses and payments for included services (tied sales, even if they are offered with a benefit for the client).
  • Do not generate databases for data exchange with suppliers about customers.
  • Not have penalties for cancellation and determine deadlines for return.
  • Advertising to avoid misleading buyers.
  • Establishment of periods to claim alleged hidden defects.
  • Advertising on internet pages.

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