Delivery Dates vs. Closing Dates in Cabo Pre-Construction

When buying pre-construction property in Los Cabos, especially if it’s your first purchase outside your home country, it’s easy to assume the date you see in your contract is when you’ll be walking into your new home. In reality, there are two very different timelines you need to understand: the delivery date and the closing date. When a developer acquires land, it initially has one tax ID number. Before selling, they confirm zoning, density, amenities, and green space requirements. Suppose the plan allows for 80 condos across four stories with common areas. Once construction begins and your unit is physically complete, the developer can invite you to take delivery—meaning you can move in, furnish, or even rent it out. However, at this point, you don’t legally own the property. Ownership only occurs once the developer registers the condo regime (“régimen de condominio”) with the municipality, giving each unit its own tax ID number separate from the original lot.

The delivery date is when your unit is ready for occupancy—you can live in it or rent it if infrastructure and amenities are in place. The closing date is when ownership is legally transferred at the notary’s office, with your name officially recorded on the deed. In pre-construction, these two milestones can be months apart—sometimes three to six months, and in some recent cases up to five months between delivery and title registration. The delay often isn’t the developer’s fault. Once the condo regime paperwork is filed, the process depends on municipal bureaucracy, which can be slow. Many developers now include grace periods in contracts to account for such delays.

Most contracts state your final payment is due at closing—not at delivery—so you’re not paying in full until legal ownership is ready. However, if you want early possession to use or rent the property, some contracts allow a “soft closing.” If you choose this route, always hire independent legal counsel, confirm all condo regime paperwork has been filed, and understand that you’re taking possession without full title until closing. Early possession can make sense if you want to generate rental income right away, use the property personally for an upcoming trip, or plan to resell quickly once the title is ready. But if the community is incomplete with no residents or amenities, there’s often little benefit to early possession unless you have an immediate need.

To protect yourself, always ask about both delivery and closing timelines before signing, hire an attorney to confirm paperwork has been submitted, read your contract carefully to understand payment triggers, and plan ahead for possible delays. Bottom line: in Los Cabos pre-construction, getting the keys doesn’t mean you own the property yet. Understanding the difference between delivery and closing helps you manage expectations, safeguard your investment, and plan your move—or rental strategy—accordingly.

For guidance on Cabo real estate or navigating pre-construction purchases, contact Fletcher Wheaton at fletcher@remexico.com