Condiciones Suspensivas (Conditions Precedent / Contingencies)con-dee-see-OH-ness soos-pen-SEE-vas
Condiciones suspensivas are conditions written into a contract that must be fulfilled before the parties' obligations become legally enforceable, defined in Federal Civil Code Article 1939 and Quintana Roo Civil Code Article 338 as conditions on which the existence of an obligation depends.
By Daniel Ortega · Last reviewed 8 November 2026
How it works
In a Mexico real estate transaction, condiciones suspensivas are clauses in a promissory contract (contrato de promesa de compraventa) that suspend the buyer's and seller's obligation to complete the purchase until specific events occur. Common conditions for foreign buyers include obtaining the SRE permit to establish a fideicomiso (typically 5 business days), securing financing approval, receiving a clean title certificate (libertad de gravamen), or the developer completing condominium regime registration. If a condition is not met within the agreed timeframe, either party may typically withdraw and recover deposits per the contract. Federal Civil Code Article 1944 voids conditions that depend solely on the debtor's will, while Article 1945 deems a condition fulfilled if the obligated party intentionally prevents it. Quintana Roo Civil Code Article 338 provides that the obligation's birth depends on the condition's fulfillment. Once all conditions are satisfied, the parties must proceed to close and sign the final deed (escritura pública) before a notario público. A well-drafted condition protects the buyer from paying the full price before essential requirements are confirmed; poorly written conditions can void the entire contract under Civil Code Article 1944 if deemed impossible or purely discretionary.