Down Payment in Pre-Sale: What the Law Must Inform You and What Determines if It Returns

The down payment on a pre-sale apartment is not compared by percentage: it is compared by the total amount to pay in each payment option, which is the standard the law itself establishes. And its fate—whether it is applied to the price, whether it generates a tax before delivery, whether it returns to your hands—is not decided by the payment name, but by three things that live in the contract and not in the quote: the value on which the tax is calculated, when it is incurred, and under what conditions the money returns. This piece describes that mechanism and the comparison method. It does not publish down payment percentages, and below I explain why.

What do you buy with the down payment in each scheme?

What you buy with the down payment depends on what exists the day you deliver the money. There may be a finished property, a mortgageable property, or a property under construction. These are three different situations, and the money you deliver does not mean the same thing in each one.

It also matters what does not change with the label. "Reserve," "advance," and "down payment" are commercial names. The fate of that money is set by the contract clauses: cancellation clauses, reimbursable expenses clauses, and penalty clauses. Two payments with the same name can end up differently, and two with different names can behave the same.

About the percentage: this piece does not quantify the down payment of any scheme, neither pre-sale, nor bank credit, nor cash payment. It is operational data specific to each developer and each bank, and is not published in a source we can cite. We also do not explain why a bank sets the percentage it does: none of the sources we read states this. Any figure someone gives you without their contract attached is a commercial reference, not comparable data.

Before proceeding with what the law requires, the boundary. The Federal Consumer Protection Law (LFPC) applies to acts regarding real estate only in the case named in its art. 73: "Acts related to real estate shall only be subject to this law when the suppliers are subdividers, builders, developers, and other persons who participate in advising and selling homes to the public intended for residential purposes." This piece does not classify your case. Whether your purchase falls within that case or not is a question for a lawyer with the contract in hand.

For you, this means the first thing you should ask is not "how much down payment?," but "what exists today, and what clauses govern this money?".

The standard the law gives to compare schemes, and it is not the percentage

The LFPC, as it applies to homes within its scope, requires the supplier to provide you with payment options "specifying the total amount to pay in each of the options" (art. 73 BIS, decree DOF 04-02-2004). The standard is the total of each option, not the down payment percentage. It applies only in the case of art. 73 of the LFPC cited above.

That total is not the list price. According to art. 7 BIS of the LFPC, it must be disclosed in a clear and visible manner and include "taxes, commissions, interest, insurance, and any other cost, charge, expense, or additional disbursement," whether the transaction is cash or credit. And if cash payment and credit payment differ, art. 66 requires that difference to be pointed out to the consumer, for example when discounts or bonuses exist. This answers another frequent question: the law does not promise you a discount for paying cash, but if there is a difference between cash and credit, it must be visible.

If the scheme can be modified or renegotiated, art. 73 BIS requires disclosure of the mechanisms, their conditions, and their economic implications, both for the supplier and for you. That information also enters the comparison.

A methodological trap: Annual Percentage Rate (APR) does not work for comparing two purchases. The Law for Transparency and Ordering of Financial Services defines it in its art. 3 as "the total annual cost of financing expressed in annual percentage terms that, for informational and comparison purposes, incorporates all costs and expenses inherent to credits, loans, or financing granted by Entities." It compares credits, not purchases. Use it to contrast two mortgage credits; not to decide between paying the developer or paying with a bank.

For you, this means requesting in writing the total amount of each option, with all disbursements included, and comparing those totals to each other.

What you should be shown before you release the down payment

The boundary still applies: what follows governs in the case of art. 73 of the LFPC, and this piece does not classify your case.

Art. 73 BIS lists what the supplier must provide to you before the transaction. A note on degree: arts. 73 BIS and 73 TER are cited here from the decree published in the DOF on 04-02-2004, because the published consolidated versions of the LFPC are truncated within art. 73. This does not mean that is the current text; it is the text we were able to read completely.

What that article lists:

• In pre-sale, the complete construction executive project, the scale model, and, where applicable, the model property.
• The payment options, with the total amount of each one.
• In credit operations, the type of credit, the projection of the amount to pay, the rate, commissions, and charges; in variable rate, also the reference rate and calculation formula.
• The conditions of the title registration process and disbursements other than the price: title registration expenses, taxes, appraisal, administration, credit opening, and investigation expenses.
• The existence, establishment, and documentation of the mortgage guarantee, fiduciary, or any other type.
• The conditions under which you can cancel the transaction.

That list of disbursements answers another of your questions: no, the down payment is not all you need to have the day you sign. The law itself names expenses that are added to the sale price, and some of them are paid at different times.

For you, this list is a checklist: if any piece is not shown to you before delivering money, request it in writing.

The tax does not wait for delivery: object, base, and timeline in Tulum

This section reads a single municipal law: the Finance Law of the Municipality of Tulum, current consolidated version, with latest reform published December 10, 2025. If you buy in Cancún, Playa del Carmen, or Mérida, you must read the finance law of the municipality where the property is located: here we do not state whether they say the same or something different.

In Tulum, the tax on acquisition of real estate (ISAI) is not limited to the title. Art. 47 includes among its objects "The promise to acquire, when it is agreed that the future buyer will take possession of the goods or that the future seller will receive the sale price or part of it, before the promised contract is executed." In plain terms: agreeing that the seller receives part of the price before the promised contract is, by itself, one of the cases the tax names. The subject is whoever acquires (art. 48).

The base is not what you have already delivered either. Art. 49 states: "The base of this tax shall be the value of the real estate that is higher between" the agreed price updated by INPC, the cadastral appraisal, and the expert or registered banking institution appraisal, the latter two no older than 180 days. The higher value, not the down payment.

The timeline is set by art. 51: fifteen days following the day the case in question occurs. And here there is an asymmetry worth noting. Art. 47 names the promise with advance payment as an object of the tax; but the closing fraction of art. 51 sets the payment time by title registration or registration for cases not provided for in the previous fractions: "when the acts in question are executed as a public deed or are registered in the Public Registry of Property and Commerce of the State of Quintana Roo to produce effects under common law; and if they are not subject to this formality, upon acquiring ownership in accordance with the laws." This piece does not resolve which of the two governs a specific promise. That is, it does not decide if your contract incurs the tax today or when: that is defined with your contract and your notary.

Two more facts to help you get oriented. In acquisitions documented by public deed, art. 52 places the notary (notaries, judges, brokers) to calculate the tax, make it appear in the deed, and remit it to the Municipal Treasury, under their responsibility. And in Tulum the assignment of rights of the buyer or future buyer is also subject to the acquisition tax (art. 47): "The assignment of rights of the buyer or future buyer in the case of purchase and sale and the promise." We do not develop anything further on that option here.

We also do not publish rates: the law contains them, but this piece does not use them.

For you, this means asking the developer and notary, before signing, whether the agreed scheme fits art. 47 and when the timeline of art. 51 starts.

If you change your mind: what clause decides if the money returns

First, what the supplier must inform you before: "the conditions under which the consumer can cancel the transaction" (art. 73 BIS). This is a prior disclosure obligation, separate from what the contract may agree to afterwards.

Second, what the contract must contain. The requirements of art. 73 TER govern the contract intended to be registered in the terms of the second paragraph of art. 73, not every pre-sale contract. In that registrable contract, three clauses decide the fate of the down payment:

• Reimbursable expenses. Among the requirements of the contract intended to be registered is "Where applicable, the guarantees for contract compliance, as well as reimbursable expenses and how they are applied." What is reimbursed and how it is applied.
• Cancellation procedure. The contract intended to be registered must contain "The procedure for cancellation of the adhesion contract and the implications that result for the supplier and the consumer."
• Penalties. In the contract intended to be registered, "The conventional penalties applicable to both the supplier and the consumer for breach of the obligations undertaken, which must be reciprocal and equivalent."

This piece does not promise you that the down payment will be recovered or tell you it will be lost: it depends on what those three clauses say in your contract, and that is why they are the ones to read. What happens when payment stops, the penalty clause, and rescission have their own development in another piece; here only their existence matters. To review the rest of the document, there is the guide on what to review before signing the purchase-sale contract.

For you, this means underlining those three clauses with a lawyer before delivering the first peso.

The limits of this piece

• The LFPC applies to acts regarding real estate only in the case of its art. 73, cited above. This piece does not classify your case, nor whether you are buying to live in or to rent.
• Arts. 73 BIS and 73 TER are cited from the decree DOF 04-02-2004, because the published consolidated versions of the LFPC are truncated within art. 73. We do not state that is the current text.
• The only municipal layer read is that of Tulum; it is not generalized.
• The piece does not quantify the down payment of any scheme, for the reasons explained above: it is operational data specific to each and there is no published source to support it.
• This is general information, it does not replace professional advice. Professional review of subject matter: PENDING at close of this edition.

Validity of what is cited: LFPC, mobile consolidated version of the Chamber of Deputies, latest reform published DOF 12-12-2025, read on 24-09-2026; arts. 73 BIS and 73 TER, decree DOF 04-02-2004, read on 24-09-2026; Law for Transparency and Ordering of Financial Services, latest reform DOF 14-11-2025, read on 24-09-2026; Finance Law of the Municipality of Tulum, latest reform published 10-12-2025, read on 24-09-2026.

Frequently Asked Questions

How much down payment is normally requested in a pre-sale?

There is no published percentage we can cite: it is operational data for each developer and varies by scheme. What is useful is to request in writing the total amount to pay in each payment option, with taxes and other disbursements included, and compare those totals, not the initial percentage.

Why does the bank ask for more down payment than the developer?

None of the sources we read explains why a bank sets the percentage it does, so we cannot state a reason. What you can do is ask the bank for their APR and credit information, and contrast it with the total amount of the direct payment option with the developer.

What is the difference between reserve, advance, and down payment?

The name does not determine the fate of the money. The contract clauses do: cancellation, reimbursable expenses, and penalties. Two payments with the same label can end up differently, so what matters is what the contract says about that money, not what the quote calls it.

What happens if I want to back out and sell my rights before title registration?

In Tulum, the assignment of rights of the buyer or future buyer is subject to the acquisition tax (art. 47 of the Finance Law of the Municipality of Tulum). This piece does not develop that option further: ask your notary how it would apply to your contract.

If you want to carefully review what you are shown and what you sign before delivering a down payment, a Propyte advisor can accompany you to read the contract with the questions from this piece in hand.