# Lost a deposit buying property in Mexico?

> You paid to reserve or toward a purchase, and now the money, or the deal, is gone. What decides whether a deposit is recoverable, and how to pursue it.

- Author: Jorge Sánchez (LL.B. UDLAP · Master in judicial review (USC) · Maestría en Derecho Constitucional y Amparo (IBERO)), Riviera Maya Law
- Reviewed: 2026-06-16
- Canonical page: https://rivieramaya.law/guides/lost-deposit-mexico

Losing a deposit is one of the most common ways foreign buyers get hurt in Mexico, and, depending on a few specific facts, one of the more recoverable. Whether you put down earnest money to reserve a property, an *enganche* toward the price, or a larger payment on a *preventa*, what you can do now turns on three things.

## What decides whether a deposit comes back

- **What the contract says.** The terms, the refund conditions, and any penalty clause usually decide your rights on paper. The document controls, not what you were told out loud.
- **Who holds the money.** A deposit paid to an agency (*inmobiliaria*), a developer, or a private seller each opens different routes.
- **How it moved.** A bank transfer or a card payment leaves a trail that is far easier to follow than cash.

## Common ways a deposit disappears

1. **A reservation with no real contract.** You paid to hold a property on a thin receipt, and the seller walked.
2. **A deposit on a preventa that stalled.** Pre-construction that was delayed, abandoned, or never delivered.
3. **A seller or agent who simply won't return it.** The deal fell through on terms that, read closely, may actually entitle you to a refund or a penalty in your favor.

## Your realistic options

1. **Read the contract for your refund right.** The first question is often whether the contract already entitles you to the money back.
2. **A formal demand with standing.** A demand that real action can follow, not a letter the other side can ignore.
3. **PROFECO, or CONDUSEF if the purchase was financed.** A consumer complaint can bring the parties to conciliation and create an official record.
4. **A criminal *denuncia*.** Where the deposit was taken by deceit, fraud is a crime, and a *denuncia* before the Fiscalía can run alongside civil recovery.
5. **Payment-channel recovery.** Depending on how you paid, your bank or card network may have a recovery path worth checking early.
6. **Civil action** to recover the money or enforce the contract.

## What to bring to a review

- The contract or receipt, and any messages about what the deposit was for.
- Proof of payment: transfers, card statements, receipts.
- Who you paid (agency, developer, or seller) and their details.

## Frequently asked questions

### Can I get an earnest-money deposit back in Mexico?

Sometimes. It usually turns on what your contract says, who holds the money, and how it moved. A well-drafted contract often spells out when a deposit is refundable and may set a penalty (*pena convencional*) if the other side fails to perform. If the deposit was taken by deceit, recovery becomes a fraud question too. There is no guarantee, but a contract and a payment trail are exactly what a review reads first.

### I paid a deposit in cash. Is it gone?

Not necessarily, though cash is harder. Written proof helps most: a receipt, a signed contract, messages confirming what the payment was for. Where the money was taken by deception, a criminal *denuncia* does not depend on how you paid. The sooner the facts are reviewed, the more options tend to remain.

### Is a 'reservation receipt' a binding contract?

Often it is far weaker than buyers assume. A thin receipt to 'hold' a property may create few obligations on the seller. Whether you have a real claim depends on the document's actual terms, not its label, which is why having it read closely is the first step.

### What does it cost to find out where I stand?

A confidential first review is a flat-fee consultation (currently $150 USD). If recovery is worth pursuing, you get a fixed scope and price in writing before any work begins, and an honest answer if it is not worth it.