A neutral checklist for anyone deciding whether to buy a pre-construction or off-plan property. It walks you through what to verify independently, what a good answer looks like, and what should make you pause. It is built to protect buyers — it will never tell you a purchase is safe. Use it alongside your own attorney.
How this tool works
Work through each item and mark where you actually stand. The tool only reflects what you confirm — it never fills in reassurance for you.
Every item tells you how to verify it at an independent or official source. Confirm it there — not from the seller's word or a copy they hand you.
A single unresolved critical red flag is enough to stop. Do not pay or wire funds until it is genuinely cleared.
Due-diligence checklist
Mark each item honestly. Your answers drive the assessment below.
Assessment
0/8 verified
Insufficient verification. Critical items remain unverified. Confirm each one at an independent source before proceeding.
Environmental authorizationCritical
Does the project hold a valid, current federal environmental authorization for its actual location and scope?
Why it matters: Work near wetlands, mangroves, dunes, or forest often requires a federal environmental impact authorization. A state or municipal sign-off does not replace it, and a missing one can nullify permits and freeze construction.
How to verify it yourself
Ask for the federal environmental impact authorization folio (in Mexico, a SEMARNAT MIA resolutivo).
Look the folio up yourself in the federal environmental authority's public records.
Confirm it is favorable, current, and matches the project's coordinates and size.
A good sign: A current, favorable federal authorization whose folio you verified independently and that matches the built project.
A red flag: Only a state/municipal approval; no federal folio; or a federal authority has flagged, denied, or is silent on the project.
Where do you stand?
Building permit & zoningCritical
Is there a valid, current building permit that matches the height, density, and unit count actually being sold?
Why it matters: A project can be marketed at a scale the permit does not allow. If the permit is missing, expired, suspended, or exceeded, the building may be unlawful and unfinishable as sold.
How to verify it yourself
Request the building-permit number and the zoning limits for the lot from the municipality.
Confirm at the municipality that the permit is active and authorizes the number of levels/units shown in the renders.
Compare the approved height/density to the marketing materials for any gap.
A good sign: An active permit whose approved scope matches what you are being sold, confirmed at the municipality.
A red flag: No permit, an expired/suspended/nullified permit, or a project taller/denser than the permit or zoning allows with no registered variance.
Where do you stand?
Litigation & closuresCritical
Are there any active lawsuits, injunctions, or government closures against the project, the land, or the developer?
Why it matters: An injunction or regulator closure can halt construction indefinitely. Buyers often discover this only after paying — by then a refund may require its own legal fight.
How to verify it yourself
Have an attorney search the courts by the project name, land, and developer/entity name.
Ask the environmental and consumer regulators whether any closure or sanction is on file.
Visit or have someone photograph the site to check for closure/suspension seals.
A good sign: Independent court and regulator searches come back clean, confirmed in writing by your own attorney.
A red flag: Any active injunction/amparo, a nullified permit, or closure seals on the site — do not pay further until fully resolved.
Where do you stand?
Title & liensCritical
Does the seller hold clear, registered title, free of mortgages, liens, or encumbrances?
Why it matters: You can only receive what the seller actually owns. Hidden liens or a mismatch between the titleholder and the person signing can leave you paying for something you cannot register.
How to verify it yourself
Get the property's registry folio and order your OWN lien-free certificate from the public registry — do not rely on the seller's copy.
Have a notary/attorney confirm the titleholder matches the party signing your contract.
A good sign: A recent lien-free certificate you ordered yourself, with the titleholder matching the signer.
A red flag: The seller will only show their own copy, the certificate shows liens, or the titleholder differs from the signer.
Where do you stand?
Ownership structureImportant
If you are a foreign buyer, is the ownership structure lawful and fully in your name (e.g., a proper bank trust with its permit)?
Why it matters: In restricted coastal/border zones, foreigners typically must hold through a regulated bank trust. Informal shortcuts (holding title under someone else's name) can leave you with no enforceable ownership.
How to verify it yourself
Ask which bank will act as trustee and request the trust contract and its government permit.
Have an independent attorney review the trust's fees, term, and your rights before signing.
A good sign: A regulated bank trust with a valid permit, reviewed by your own attorney, that names you as beneficiary.
A red flag: Pressure to use an informal nominee (prestanombre) or to skip the trust/permit to 'save costs'.
Where do you stand?
Payments & escrowCritical
Are your funds held by an independent, regulated escrow agent and released only on independently verified milestones?
Why it matters: Wiring deposits straight into a developer's account gives you no protection if the project stalls, is frozen, or fails. Independent escrow with milestone conditions is the single biggest safeguard.
How to verify it yourself
Ask who holds the funds; confirm they are an independent, regulated escrow/title company (not the developer).
Read the escrow agreement and confirm each release requires independent certification of the milestone.
A good sign: A signed escrow agreement with an independent agent, milestone-based releases, and written proof of every deposit.
A red flag: You are asked to wire directly to the developer — especially while the project is suspended or unpermitted.
Where do you stand?
Contract & consumer rightsImportant
Is the purchase contract in writing, independently reviewed, with clear refund and cancellation terms?
Why it matters: Your ability to walk away and recover money depends on the contract's exact terms. Consumer-protection registration and independent review are what make those terms real.
How to verify it yourself
Ask whether the contract is registered with the consumer-protection authority and for its registration number.
Have an independent attorney read it in full before you pay anything; confirm the refund/rescission clause.
A good sign: A written, independently reviewed contract with explicit refund conditions and a verifiable consumer registration.
A red flag: No written refund terms, verbal promises only, or pressure to sign/pay quickly before review.
Where do you stand?
Marketing vs. realityAdvisory
Do the renders, brochures, and active listings match what is actually approved and lawful to sell right now?
Why it matters: Continuing to advertise a suspended or over-scaled project is itself a warning sign about how the seller handles the truth.
How to verify it yourself
Compare marketing claims (floors, amenities, delivery dates) against the approved permit and environmental authorization.
Check whether the project is still being actively sold despite any suspension.
A good sign: Marketing that matches the approvals and pauses honestly when the project cannot lawfully proceed.
A red flag: Listings and sales continue during a suspension, or marketing promises more than the permits allow.
Where do you stand?
Your rights as a buyer
These generally hold in a consumer real-estate purchase. Confirm the specifics for your jurisdiction with an independent attorney.
—The right to read the full contract and have it independently reviewed before paying anything.
—The right to written, verifiable answers about permits, title, and legal status — not verbal assurances.
—The right to keep your funds in independent escrow rather than wiring them to a developer's account.
—The right to a refund or rescission under the contract's terms — read exactly what triggers it before signing.
—The right to file a complaint with the consumer-protection authority if the seller misrepresents the project.
—The right to walk away. No deposit is worth more than avoiding a project that cannot lawfully be delivered.
Walk-away red flags
Any one of these justifies pausing the transaction until it is resolved in writing.
▲Pressure to sign or wire money quickly, or a discount that expires 'today'.
▲Requests to wire funds directly to the developer or to a personal account.
▲Any active injunction, construction freeze, or government closure on the project.
▲A permit or environmental authorization the seller cannot show, or that you cannot verify at the source.
▲Marketing that promises more floors, units, or amenities than the permits allow.
▲Being told concerns are just 'rumors' instead of being given documents you can verify.
Closing-cost estimator
USD
Cost item
Rate / amount
Estimated
Acquisition tax (ISAI)
%
$6,000
Notary fees (honorarios)
%
$4,500
Registry inscription (RPP)
%
$1,500
Appraisal & certificates
%
$1,500
Fideicomiso setup (one-time, flat)
USD
$1,000
SRE trust permit (one-time, flat)
USD
$1,500
Fideicomiso annual maintenance (flat)
USD
$600 /yr
One-time closing costs
$16,000
5.3% of purchase price
Recurring annual cost
$600
per year
Editable estimates only. The commonly cited 5.0%–7.5% is total one-time acquisition cost, not the fideicomiso fee — the trust is the two flat lines above. Confirm every figure with your closing notario before relying on it.
Escrow milestone schedule
This is how a milestone-based escrow is structured. Escrow protects you only if the conditions below are actually met — confirm them in your signed escrow agreement before paying.
0
Title check — earnest money held
Release 0% · 0% cumulative
Earnest money held in independent, US-regulated escrow while title and liens are verified. Nothing is released to the developer yet.
1
Foundation & sub-structure
Release 20% · 20% cumulative
Foundation and sub-structure poured and independently certified (e.g., by the DRO / a third-party inspector).
2
Structural framing & slabs
Release 25% · 45% cumulative
Vertical structural framing and floor slabs completed and certified.
3
MEP rough-ins
Release 25% · 70% cumulative
Mechanical, electrical, and plumbing rough-ins installed and tested.
4
Interior finishes & punch list
Release 20% · 90% cumulative
Interior finishes, cabinetry, and fixtures complete; punch-list signed off.
5
Final holdback — deed & keys
Release 10% · 100% cumulative
Final holdback released only upon signing the Escritura Pública before the notario and delivery of keys.
Escrow agent (who holds the funds)
Not yet designated. Ask who will hold the funds and confirm they are an independent, regulated escrow agent — never wire deposits directly to the developer.
What makes this actually protect you
Funds go to an independent, regulated third-party escrow agent — not the developer's own account.
Each release requires independent certification of the milestone, not the developer's self-report.
You receive written proof of every deposit and every release.
The escrow agreement is a separate contract you have read and signed.