In Mexico, can I sue a supplier for delivering defective goods and refusing a refund?

Yes. Under Mexican law, you can sue a supplier for delivering defective goods and refusing to provide a replacement or refund. This situation typically constitutes a breach of contract and may also give rise to damages.

Depending on your agreement and the evidence available, you may take the following legal steps:

First, you should formally send a written demand notice (requerimiento formal) requesting compliance with the contract. This includes replacement of the goods, repair, or refund within a specific deadline. This step is often required before filing a lawsuit and can sometimes lead to a settlement.

If the supplier fails to comply, you may file a civil or commercial lawsuit (juicio mercantil) to:
- Enforce the contract
- Demand replacement or refund
- Claim consequential damages and losses
- Request penalty clauses if included in the agreement
- Recover legal costs and interest

If fraud or intentional misconduct is involved, additional legal actions may also apply.

Key evidence will be important, such as:
- Signed contract or purchase order
- Payment receipts or wire transfers
- Technical specifications
- Delivery records
- Photos or inspection reports of defects
- Communications with the supplier

If the contract includes an arbitration or jurisdiction clause, the dispute must follow that procedure.

Because Mexican commercial litigation has specific procedural requirements, it is advisable to work with a local attorney to structure the claim properly and protect your recovery rights.

If you would like, we can review your contract and documents to evaluate the best strategy and timeline for enforcement. IBG Legal