LAW ON THE PROVISION OF REAL ESTATE SERVICES OF THE STATE OF QUINTANA ROO (Published in the Official Gazette of the State on June 6, 2014)
SOLE ARTICLE The following Law on the Provision of Real Estate Services of the State of Quintana Roo is enacted:
TITLE ONE – GENERAL PROVISIONS AND AUTHORITIES
CHAPTER ONE – GENERAL PROVISIONS
Article 1. This Law is of public order and social interest. Its purpose is to regulate the provision of Real Estate Services in the State of Quintana Roo. Its enforcement is the responsibility of the Head of the State Executive Power through the Secretariat of Urban Development and Housing.
Article 2. For the purposes of this Law, the following definitions apply: I. Accreditation: The document granted by the Secretariat to individuals or legal entities authorizing them to provide Real Estate Services in the State of Quintana Roo. II. Real Estate Association: Any legally constituted association composed of individuals who provide Real Estate Services in the State, whose purpose includes training, updating, and protecting the real estate profession for the benefit of both users and members. III. Registry: The roll maintained by the Secretariat of registered Real Estate Advisors. IV. Real Estate Advisor: Any individual or legal entity that regularly provides Real Estate Services for a fee in relation to properties within the territory of the State, and who holds valid accreditation from the Secretariat. V. Training: Any means through which a Real Estate Advisor acquires knowledge and skills related to real estate services. VI. Regulation: The Regulation of this Law. VII. Secretariat: The Secretariat of Urban Development and Housing of the State of Quintana Roo. VIII. Users: Individuals or legal entities that contract the services of a Real Estate Advisor.
Article 3. For the purposes of this Law, Real Estate Services include: I. Promotion: Public offering related to intermediation services provided by Real Estate Advisors. II. Intermediation: Services provided on behalf of third parties related to purchase, sale, leasing, trusts, or any transfer of ownership or use of real estate. III. Management: Services related to the administration of leased properties. IV. Consulting: Specialized activities offering advice and support in other real estate services.
CHAPTER TWO – POWERS OF THE SECRETARIAT
Article 4. The Secretariat has the following powers regarding Real Estate Services: I. To receive applications, authorize, register and issue accreditation to Real Estate Advisors. II. To renew registrations and accreditations. III. To establish training programs with reputable educational institutions, associations, or chambers. IV. To implement training programs, either directly or through third parties. V. To register legally constituted Real Estate Associations in the State. VI. To update the registry, including sanctions. VII. To operate a public information and consultation system on registered Advisors. VIII. To propose state policies and strategies to protect the rights of Real Estate Advisors and users. IX. To develop and issue training programs. X. To carry out verification visits. XI. To apply the sanctions established in this Law and its Regulations. XII. Any other responsibilities assigned by this or other laws.
CHAPTER THREE – REGISTRATION OF REAL ESTATE ADVISORS
Article 5. The Registry of Real Estate Advisors is established to ensure transparency, public access, and proper control of those providing Real Estate Services.
Article 6. To legally provide Real Estate Services in the State of Quintana Roo, individuals or legal entities must be registered and accredited by the Secretariat. Foreign individuals must also fulfill immigration requirements and have legal status to perform paid activities.
SECTION TWO – REGISTRATION AND ACCREDITATION
Article 7. To be registered and accredited, the applicant must submit a written application with supporting documentation. Requirements vary for:
- Individuals (e.g., ID, proof of address, no criminal record, tax registration, migration status).
- Legal entities (e.g., articles of incorporation, legal representative’s ID and power of attorney, staff list).
- Real Estate Associations (e.g., incorporation documents, legal representation, proof of address).
Payment of applicable fees is also required.
Article 8. Upon registration, the Secretariat issues accreditation. Only accredited individuals may publicly present themselves as “Certified Real Estate Advisor in Quintana Roo.” For companies, all staff providing real estate services must also be individually accredited.
Article 9. Accreditation must include: name and signature, address, type of entity, company affiliation (if applicable), accreditation date, validity period, and issuing authority’s signature.
Article 10. Registration and accreditation are valid for one year and must be renewed within five business days after expiration. Non-renewal will result in immediate cancellation.
Article 11. Legal entities must have accredited advisors responsible for their services and must comply with all individual registration requirements.
TITLE TWO – OBLIGATIONS, DUTIES, AND RIGHTS
CHAPTER ONE – OBLIGATIONS AND DUTIES OF REAL ESTATE ADVISORS
Article 12. Advisors must act ethically, transparently, and honestly, with the following duties: I. Obtain and renew registration and accreditation. II. Participate in mandatory training. III. Notify the Secretariat of changes to registered information. IV. Allow verification visits. V. Act in good faith, protect users’ legal and financial interests. VI. Provide receipts or invoices for advance payments. VII. Respect user-defined pricing. VIII. Report suspicious or potentially criminal transactions.
Article 13. Advisors must: I. Show valid accreditation to clients. II. Disclose defects or special conditions of the property. III. Remain impartial in negotiations. IV. Respect all contractual terms. V. Educate clients on legal and financial aspects of transactions. VI. Never prevent clients from seeking independent professional advice.
CHAPTER TWO – RIGHTS OF REAL ESTATE ADVISORS
Article 14. Advisors have the right to: I. Fair compensation. II. Publicly use their accreditation. III. Be accredited by the Secretariat. IV. Exercise any other legal rights.
Article 15. Advisors may charge fees as agreed with the user, whether as a percentage, a fixed amount, or based on gross/net income in management cases.
TITLE THREE – TRAINING
Article 16. Training is mandatory and intended to ensure competence in real estate practices. The Secretariat can supervise or mandate specific courses for revalidation.
Article 17. Training must include: I. Urban development. II. Legal property regime in Quintana Roo. III. Public Property and Commerce Registry. IV. Administrative procedures. V. Tax and environmental obligations. VI. Other relevant topics.
TITLE FOUR – VERIFICATION VISITS, SANCTIONS, AND REVIEW
CHAPTER ONE – VERIFICATION VISITS
Article 18. Verification visits conducted by the Secretariat aim to ensure compliance with the legal requirements for operating as a Real Estate Advisor in the State, as well as adherence to all provisions established by this Law and its Regulations.
These verification visits shall be carried out in accordance with the procedures outlined in the Administrative Procedure Law of the State of Quintana Roo.
CHAPTER TWO – SANCTIONS
CHAPTER TWO – SANCTIONS
Article 19.
Violations can lead to:
- Warning.
- Reprimand.
- Fine up to 1,000 times the minimum wage.
- Suspension for up to 30 business days.
- Cancellation of registration and accreditation.
- Disqualification for three years.
Article 20.
Fines between 500 and 1,000 minimum wages apply to:
- Unregistered individuals/entities acting as advisors.
- Advisors operating without valid accreditation.
- Failure to fulfill certain legal requirements.
- Obstructing verification visits.
Article 21.
Permanent cancellation will apply for:
- Fraudulent information.
- Improper retention of money/documents.
- Misuse of client funds.
- Submitting false information to the Secretariat.
- Violating agreed sale/rental terms.
Article 22.
Three-year suspension for those convicted of intentional property crimes.
Article 23.
Sanctions will consider: damages caused, severity, intent, repeat offenses, and financial capacity.
Article 24.
Fines will be collected by the Finance Secretariat. Funds will be used for real estate-related programs.
Article 25.
Users may file complaints before the Secretariat.
Article 26.
All infractions and sanctions will be recorded in the public registry.
CHAPTER THREE – REVIEW APPEALS
Article 27. Individuals or entities affected by the acts or resolutions issued by the Secretariat under this Law may file an appeal for review, in accordance with the provisions of the Administrative Procedure Law of the State of Quintana Roo.
The appeal must be submitted within fifteen business days following the date on which the affected party is notified of the act or resolution.
TRANSITIONAL PROVISIONS
These remain as previously translated.
This version reflects the amendments introduced by Decree 183 (December 21, 2023).
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