Buying pre-construction from a developer in Rosarito

When you sign with a developer, you usually do not receive title. You sign a contract, often a contrato de promesa de compraventa (promise to buy and sell) or a reservation agreement, in which the developer promises to finish a specific unit and sign the deed for it. Until that deed is signed before a notario and recorded in the Registro Público de la Propiedad y del Comercio (RPPC), what you hold is a contract right against the developer, not ownership of a unit.

That is why the developer matters as much as the building. If the developer is solid, the contract is a path to title. If it is not, the contract may turn into a claim you have to pursue in court.

Foreign buyers also need a fideicomiso (bank trust) to hold title, because all of Baja California is inside the restricted zone of Article 27 of the Mexican Constitution. In many projects, the trust is set up when the deed is signed at delivery, not when you reserve. Ask the developer when and how your unit will pass into your trust.

Ask for the documents that identify the seller legally, then check them against the registry:

A developer can market a project before it has every permit. A buyer should know which permits exist on the day of signing and which are still pending. The main ones in Playas de Rosarito are:

In a building or gated project, each unit becomes a separate property only when the developer forms a régimen de propiedad en condominio (condominium regime) before a notary and records it at the RPPC. The regime deed describes each unit, its percentage share of the common areas (the indiviso), and the common areas themselves. It comes with the reglamento, the building's rules. Until the regime is recorded, the unit you bought cannot be deeded to you on its own.

Ask whether the regime is already recorded. If it is not, the contract should commit the developer to record it before delivery, attach or describe the unit plan, and state that your unit's number, area and indiviso will match what you were sold. Read the draft reglamento as well: it will decide your fees, your rental rights and how long the developer controls the administration.

A common structure is a reservation deposit, a down payment at contract signing, installments during construction, and the balance at the deed signing. What matters is what triggers each payment. The safest schedule ties each one to something you can verify:

Pay deposits and installments only into the developer company's own bank account, in the same name as the contract and the land title, or into an escrow company's account if the parties agree to use one. Never pay cash, and never pay a salesperson, a broker or any individual who offers to pass the money on. Get a receipt from the company for each payment and keep the transfer records.

Ask what the developer does with the money. Some projects keep buyers' payments in a separate account or trust dedicated to the construction; many do not. At a minimum, the contract should say how your payments are refunded if the developer does not deliver. Galarza Legal does not receive, hold or pass along deposits or installments. We review where your money is going before you send it.

Late delivery is the most common pre-construction problem. A good contract sets a delivery date, a short grace period, and a penalty (pena convencional) the developer pays for each month of delay. It also lets you cancel and recover what you paid, plus the penalty, if the delay passes a set point. Watch for one-sided terms: a contract that fines you for a late installment but lets the developer move delivery indefinitely, citing causes it alone decides are beyond its control, is not balanced.

If the project stalls, your options depend on the contract and on what the developer still owns. You can negotiate, demand that the developer perform or refund, or go to court. Developers and builders who sell homes to the public are also subject to Mexico's federal consumer protection law. They must register their sales contracts with the Procuraduría Federal del Consumidor (PROFECO), show buyers documents such as proof of ownership and the construction permits, and give a warranty of at least five years on structure; PROFECO also receives complaints. Ask your lawyer early whether any step can be taken at the registry to make your claim visible to third parties.

In Playas de Rosarito, new civil cases filed since 1 March 2026 follow the national civil and family procedure code (CNPCF), with oral hearings (state Congress declaratoria, Periódico Oficial, 30 January 2026).

Ask for the full contract in advance and have it reviewed before you pay anything beyond a refundable reservation. These problems come up again and again:

Before you reserve, Galarza Legal can check the developer's company, the land title and liens, the permits and the condominium regime, and review the reservation and promissory contracts with you in English. Lic. Pati Claudia Galarza (Cédula Profesional 15176510) can negotiate clearer milestones, delivery penalties and refund terms, and at delivery coordinate the deed and your fideicomiso with the notary and the bank.

We do not give U.S. or Canadian tax advice; ask a U.S. (or Canadian) tax professional about your situation at home. Book a consultation, call +1 619-568-2424 or write to info@galarza.mx.