POV and General Features of NOM-247-SE-2021

Aimed at developers, brokers, real estate agents and media related to the industry, early last month the NOM-247-SE-2021 Workshop was held in VITANIA Centro Urbano auditorium, presented by architect Miguel Arellano, who has had a career of 23 years in different branches of the real estate sector, in addition to being a trainer and instructor endorsed by AMPI National.

At this interesting forum, the Vallarta Real Estate Guide editorial team took the opportunity to speak with him regarding some of the key aspects of this Official Mexican Standard that came into action on September 18th, 2022.

NOMs: WHAT THEY ARE AND SCOPE

Arellano began by explaining, in a condensed way, the definition and importance of these regulations:

• The NOMs are a mandatory technical regulation issued by the competent agencies. They can be state or federal in nature.
• The purpose is to ensure that products marketed in the country, whether domestic or imported, contain commercial information in Spanish so that consumers can make an appropriate purchase decision.
• Give consumers confidence that the product is reliable and expand the power of choice and prevent the use or consumption of the product from posing a risk to health, heritage and the environment.
• The NOMs are beneficial to the public and for this reason, the Ministry of Economy promotes them and, through the Federal Consumer Protection Office, monitors compliance.

NOM-247-SE-2021
Commercial practices and requirements for commercial information and advertising of real estate intended for residency and the minimum elements that related contracts must contain.

GOAL OF NOM-247-SE-2021

According to its definition, this Official Mexican Standard is of general observance and mandatory for all natural or legal persons who are directly or indirectly engaged in marketing to the general public real estate intended to be residential.

“In short, the idea is to optimize the real estate sector, eliminating malpractices and establishing a standard of formality that guarantees the consumer purchase protection from those who market residential properties—in this case, real estate, developers, builders and other affiliates in the real estate industry.”

APPROACH TO NOM-247-SE-2021

• Empower the buyer to be sure that the real estate they acquire is reliable and of good quality.
• Establish the informative requirements for the commercialization of real estate for residential use, as well as the minimum elements that contracts of sale must contain.
• Establish the obligation of the supplier to inform and report the prices, guarantees, quantities, qualities, measures, interests, charges, and terms and conditions applicable in the commercialization of real estate.
• Standardize information, advertising and adhesion contracts in the purchase and sale of real estate.

“The expansion of this standard is the responsibility of the National Advisory Committee for Standardization of the Ministry of Economy (CCNNSE) and a working group that was voluntarily integrated by different associations, chambers, colleges, confederations, consortia, notaries and institutes.”

Finally, when asked expressly by who can provide overall advice regarding NOM-247-SE-2021, Arellano replied: “There are Inspection Units called UI, which are nationwide and are close collaborators with PROFECO.”

The full version of NOM-247-SE-2021 can be found online in the Official Gazette of the Federation.