New home warranties in Mexico

New home warranties in Mexico

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My husband and I are buying a new home in Los Ayala, Nayarit. The home is gorgeous but we have been advised that thier have been some problems with the above ground pool and eijaba (water tank) leaking. Our realtor advises that new homes in Mexico come with a one year warranty, and the owner has also advised us that he will give us a one year warranty on the pool, and a three year warranty on the structure of the home.

This sounds wonderful, but I was told that warranites in Mexico do not mean much as thier is no better business bureau or small claims court. Our main concern is that when we buy the home if we have major problems with the pool, will it be difficult to have the pool repaired at the sellers cost. ie; will they do it in a timely manner at their cost.

If anyone has any knowledge on this that they could share, we would be most appreciative.

Thank you

Christina & Robert
www.MagicalLosAyala.com
Everything you need to know!

Georgia

Jun 22, 2008, 12:33 PM

Post #2 of 11 (862 views)

Re: [Tippy] New home warranties in Mexico

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It really depends on the builder and his reputation. Check around and ask on fora in that area. Here on Lake Chapala we purchased a condo that developed a crack in the wall after about 9 months: the builder had his guys there the next day to start repairs which were finished to our satisfaction. I should add that not everyone in the condo has had that experience: it seems to depend on your attitude with them and whether or not you are up to date on your condo fees.

By the way, the aljibe is an underground tank, and the tinaco is a tank on the roof - both for water.

Jun 22, 2008, 12:44 PM

Post #3 of 11 (859 views)

Re: [Georgia] New home warranties in Mexico

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Georgia is quite right -- a home warranty is only as good as the man's word. Trying to enforce it in court will only enrich your lawyer.

Rolly Pirate

Jun 22, 2008, 2:20 PM

Post #4 of 11 (842 views)

Re: [Rolly] New home warranties in Mexico

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However, Profeco can be a fairly strong agency when it comes to these problems and doesn't require all that court stuff. It all depends where you live as to how strong a Profeco complaint will go.

Jun 22, 2008, 5:01 PM

Post #5 of 11 (821 views)

Re: [Esteban] New home warranties in Mexico

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Yes, PROFECO can be useful (forgot about them) if you are dealing with a professional builder, developer, etc. They do not take these cases between two private parties. I guess private parties have to slug it out at the OK Corral.

Rolly Pirate

Jun 22, 2008, 5:27 PM

Post #6 of 11 (814 views)

Re: [Rolly] New home warranties in Mexico

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I've seen it done between two parties. I don't know where you got that idea.
I sat in on a hearing between a homeowner and a guy who did tile for him.

(This post was edited by Esteban on Jun 22, 2008, 5:28 PM)

Jun 22, 2008, 7:22 PM

Post #7 of 11 (792 views)

Re: [Esteban] New home warranties in Mexico

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I got my information here: http://www.geocities.com/estebanwt/ in Section 14:00

The Consumer Protection Law is designed to promote and protect consumer rights and to procure equity and legal certainty between consumers and commercial suppliers (these terms are defined below). Consequently, it provides actions exclusively to parties who purchased real property from a builder, developer or other institutional seller, or through a broker, agent or real estate professional. Parties injured in the purchase of real estate from another individual (non-commercial party) are precluded from using the Consumer Protection Law.

The example of the tile guy was not a real estate matter as the OP was asking about.

Rolly Pirate

Jun 22, 2008, 9:20 PM

Post #8 of 11 (771 views)

Re: [Rolly] New home warranties in Mexico

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I don't care what words you quote, I just know what I witnessed. Many times, in Mexico, policy is VERY different than what you read in print. My experience comes from the Profeco office in Mazatlan. It could very well be different where you live or where the OP lives. I'd still give it a shot and it's free so you have nothing to lose. I should say that filing a claim is minimal but nothing like having to pay a lawyer. However, if you so desire, you can bring a lawyer to the hearing with any and all paperwork you feel is pertinent.

Jun 22, 2008, 9:51 PM

Post #9 of 11 (763 views)

Re: [Esteban] New home warranties in Mexico

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Amigo, we don't have a disagreement here. The OP was asking about a real estate matter. The quote I posted also talked about real estate problems, saying PROFECO would take on disputes between a buyer and a professional seller, but would not intervene in real estate disputes between private parties.

The example you quoted about a home owner and a tile man was not a real estate issue. It was a customer vs workman issue, which PROFECO will take on. I understand that. I have used them in a dispute with an exterminator.

Rolly Pirate

Jun 22, 2008, 10:12 PM

Post #10 of 11 (758 views)

Re: [Rolly] New home warranties in Mexico

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I understand what you are saying. It's just that I don't see it as a real estate matter. It's not about owenership, fideicomiso's etc. It's about the building and possible poor construction techniques. Only notarios can do the real estate part.

Christina Stobbs

Jul 8, 2008, 8:26 AM

Post #11 of 11 (655 views)