In order to avoid fraud and for consumers to have greater legal certainty when making a real estate transactionthe Ministry of Economy recently published the NOM-247-SE-2021 in the Official Gazette of the Federation.
the NOM It is related to commercial practices and requirements of commercial information, as well as with the advertising of real estate destined for homes and minimum elements that must contain the related contracts.
According to the Wiggot platform, this NOM It is relevant because currently the sale of houses is an economic activity that generates, according to INEGI data, 215,502 jobs, plus 15,278 professional services.
Despite this, Wiggot points out that it is an activity that is not fully regulated, which leads to fraud, deception or abuse for both owners, advisors and buyers.
Given this, Wigot indicated that said NOM It is extremely important in order to establish operating guidelines for production processes that pose a risk to the safety of people or to the environment.
“The NOM They can be carried out in terms of health, safety, organization or product. In the case of the real estate sector, a regulation has been published regarding the home sales industry,” said Wiggot.
In this sense, the digital platform of real estate advisors highlighted that the user must take into account the following points of the NOM recently published in the DOF, which force the industry to adhere to these criteria:
one.- Have channels for dealing with complaints and requests: The provider must have free and accessible service mechanisms.
two.- Clarity in your Internet portal: According to Wiggot, the real estate service provider must have updated, accessible information on its Internet page that is visible to the consumer.
3.- Personal data protection: According to the platform, this NOM requires suppliers that all personal data obtained must be treated in accordance with the principles of legality, consent, information, purpose, loyalty, proportionality and responsibility.
4.- Transparency in advances: Wiggot pointed out that when an advance payment is made, the supplier will have the obligation to deliver a receipt to the consumer.
5.- hitches: In terms of down payments, for the cases of purchase and sale of fertilizers, where the consumer makes a down payment at the time of the conclusion of the contrary, it must be stipulated that the amount paid is part of the price of the acquired real estate.
6.- real estate promotion: In terms of advertising, the NOM prohibits the application of commercial, abusive or coercive methods, conduct or practices, according to Wiggot.
7.- Delivery of the Bill of Rights for Consumers: The platform indicated that the provider is obliged to deliver to consumers a letter of rights in physical, printed or electronic media.
It should be noted that this NOM will enter into force 180 calendar days, counted from the day after its publication in the DOF.