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Signs It's Time to Call a Litigation Lawyer When Your Real Estate Purchase Didn't Go as Planned

  • Sergio Malcón Vega
  • Jul 17
  • 3 min read
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Buying property in Mexico can be a great investment opportunity — whether it's a vacation home, a rental unit, or a long-term development project. However, even with the most careful planning, real estate transactions can go wrong. When that happens, the consequences are often serious and financially damaging.

If your property purchase has not gone as expected, it's important to know when it's time to move from negotiation or informal communication to legal action. In many cases, this means calling a litigation lawyer — someone with the knowledge, experience, and authority to represent your interests in court.



Here are several key signs that it may be time to involve a litigation attorney.


1. The Property Was Not Delivered on Time — or at All

Delays in delivery are common in certain real estate developments, but if the agreed delivery date has long passed and the seller or developer is no longer responding or providing legitimate updates, this is more than a delay — it could be a breach of contract.

A litigation lawyer can help you evaluate whether the contract has been violated and what legal remedies are available, including rescission, damages, or enforcement.


2. The Seller Did Not Fulfill Key Contract Terms

In some cases, buyers discover that the property they received does not match what was promised — whether it's a different location, missing infrastructure, lack of legal permits, or other fundamental differences from what was agreed in writing.

If you’ve tried to resolve this with the seller and have been ignored or dismissed, a lawyer can take formal steps to protect your rights and enforce the original agreement.


3. The Transaction Involved Misrepresentation or Possible Fraud

Unfortunately, some buyers fall victim to dishonest sellers or developers who misrepresented ownership, title status, or even the legal existence of the property. If you later discover that key facts were hidden from you during the transaction — and especially if you’ve already paid — it may be time to explore legal action for fraud.

A litigation attorney can help you build a case and pursue criminal or civil remedies.


4. The Other Party Has Stopped Responding Entirely

Once communication breaks down, your chances of resolving a dispute on your own are significantly reduced. If you’ve sent multiple emails, letters, or formal requests with no response — especially regarding payments, delivery, or documentation — it’s a strong signal that the matter may need to go to court.

A lawyer can step in and send a formal legal notice or begin a claim to compel a response.


5. You Are Losing Money or Facing Financial Consequences

If the delays or failures in your transaction are already causing you financial harm — such as mortgage payments on undelivered property, rental income losses, or additional legal or tax costs — then timing becomes critical.

A litigation lawyer can assess your financial damages and guide you through the legal options to recover your investment or minimize further losses.


6. You’re Being Pressured to Sign a New or Modified Agreement

Sometimes, after failing to meet their original obligations, developers or sellers offer a new contract with different terms, hoping you’ll agree without seeking legal advice. This can put you at a greater disadvantage, especially if the new document waives rights or limits your ability to take legal action later.

Before signing anything, consult with a lawyer to review your position and assess whether litigation is a better path forward.



Waiting too long to take legal action can limit your options. Mexican law sets specific time limits for certain claims, and delays may weaken your case. If any of the signs above apply to your situation, it's time to move quickly and speak to a qualified litigation attorney.

How Pérez & Montero Can Help

At Pérez & Montero, we specialize in representing clients — especially foreign investors — when real estate transactions in Mexico go wrong. With over 17 years of experience in civil and commercial litigation, we focus on building strategic, court-ready cases that aim to recover your investment and protect your rights.

If your property purchase didn’t go as planned, don’t navigate the legal system alone. We’re here to help.

Contact us today to schedule a consultation.

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