# How do I get out of Tafer membership??



## NolaTee (Aug 25, 2021)

So my husband and I purchased what I thought was just a “membership” with Tafer Club at Garza Blanca not realizing that it was indeed a timeshare. We put a down payment of $1,000 on my credit card and made payment arrangements for the rest. They didn’t take my social security number at the time of signing am I really legally liable? I’ve had a huge change of heart and I now want out.  How can I get out? This all happened on 8/14/21 and it was so called on someone had upgraded to a higher plan so I purchased theirs.  I’m so confused, I want OUT and I need HELP PLZ!!!


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## Passepartout (Aug 26, 2021)

Sure. Just stop paying. Mexican resorts and 'clubs' are just 'Right To Use'. You don't actually own anything. So all you lose is what you already paid. That $1000 is probably gone, but in the overall view, that's a pretty cheap lesson. You can dispute the charge, but the credit card may side with the merchant. You might get some phone calls and letters, but eventually, it stops.


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## bjones9942 (Aug 27, 2021)

Passepartout said:


> Sure. Just stop paying. Mexican resorts and 'clubs' are just 'Right To Use'. You don't actually own anything. So all you lose is what you already paid. That $1000 is probably gone, but in the overall view, that's a pretty cheap lesson. You can dispute the charge, but the credit card may side with the merchant. You might get some phone calls and letters, but eventually, it stops.



While it may be so in this case, this is not always true.  My timeshare in Puerto Vallarta is not right to use.  Most are, but not all.


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## NolaTee (Aug 27, 2021)

Passepartout said:


> Sure. Just stop paying. Mexican resorts and 'clubs' are just 'Right To Use'. You don't actually own anything. So all you lose is what you already paid. That $1000 is probably gone, but in the overall view, that's a pretty cheap lesson. You can dispute the charge, but the credit card may side with the merchant. You might get some phone calls and letters, but eventually, it stops.


We signed on 8/14/21 and I read in the contract that I had 15 days but its hard to contact them and get a direct person to speak with. would this hurt me in anyway if I cancel my credit card and don't pay? I wouldn't want that to show up on my credit report.


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## dioxide45 (Aug 27, 2021)

NolaTee said:


> We signed on 8/14/21 and I read in the contract that I had 15 days but its hard to contact them and get a direct person to speak with. would this hurt me in anyway if I cancel my credit card and don't pay? I wouldn't want that to show up on my credit report.


If your contract indicates 15 days, it should also provide a mailing address to send a cancellation letter to? No? You don't need to call and talk to them if there are instructions in the contract that provide other instructions. What does the contract say specifically?


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## DRIless (Aug 27, 2021)

NolaTee said:


> So my husband and I purchased what I thought was just a “membership” with Tafer Club at Garza Blanca not realizing that it was indeed a timeshare. We put a down payment of $1,000 on my credit card and made payment arrangements for the rest. They didn’t take my social security number at the time of signing am I really legally liable? I’ve had a huge change of heart and I now want out.  How can I get out? This all happened on 8/14/21 and it was so called on someone had upgraded to a higher plan so I purchased theirs.  I’m so confused, I want OUT and I need HELP PLZ!!!


I'm not a lawyer and don't play one on TUG.  What does not having your social security number got to do whether you entered into as a legal contract?  You signed what you signed and nothing they said in person that's not in that contract is any good.  The trade in for upgrade crap is just crap, they're selling you what they're selling you.

You seem to have found something that says you have 15 days, 15 days is almost up.  By traceable means DHS, FedEx, USPS whatever, you need to immediately send the rescission to whatever address you have for them.  Additionally I would read up on PROFECO and send them a copy at the same time, telling them what you feel about your sales processes


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## dioxide45 (Aug 27, 2021)

DRIless said:


> You seem to have found something that says you have 15 days, 15 days is almost up. By traceable means DHS, FedEx, USPS whatever, you need to immediately send the rescission to whatever address you have for them. Additionally I would read up on PROFECO and send them a copy at the same time, telling them what you feel about your sales processes


Internationally, Registered Mail through the postal service is going to be the best option.


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## lkc1234 (Aug 27, 2021)

NolaTee said:


> We signed on 8/14/21 and I read in the contract that I had 15 days but its hard to contact them and get a direct person to speak with. would this hurt me in anyway if I cancel my credit card and don't pay? I wouldn't want that to show up on my credit report.


Call your credit card company and question the $1000 charge since you have 15 days to cancel and you cannot contact them. The credit card company will refund your $1000.


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## NolaTee (Aug 27, 2021)

dioxide45 said:


> If your contract indicates 15 days, it should also provide a mailing address to send a cancellation letter to? No? You don't need to call and talk to them if there are instructions in the contract that provide other instructions. What does the contract say specifically?



Right of cancelation:  the period within which the consumer can cancel this purchase agreement without suffering loss of payments : made


dioxide45 said:


> If your contract indicates 15 days, it should also provide a mailing address to send a cancellation letter to? No? You don't need to call and talk to them if there are instructions in the contract that provide other instructions. What does the contract say specifically?



This is what it says The right of cancellation: The period within which a consumer can cancel this purchase agreement without suffering the loss of payment me must be not more than five working days from the next working day of signature of this purchase agreement.  This is in accordance with the article 56 of federal law for consumers protection.  If the request for cancellation is within the aforementioned Period the return of the total investment must be made  within 15 working days of the date of cancellation of the purchase agreement.

After I read it again as wrote it out I think it’s too late. I’ve made a huge mistake


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## NolaTee (Aug 27, 2021)

lkc1234 said:


> Call your credit card company and question the $1000 charge since you have 15 days to cancel and you cannot contact them. The credit card company will refund your $1000.


 I have since cancelled that card


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## dioxide45 (Aug 27, 2021)

NolaTee said:


> Right of cancelation:  the period within which the consumer can cancel this purchase agreement without suffering loss of payments : made
> 
> 
> This is what it says The right of cancellation: The period within which a consumer can cancel this purchase agreement without suffering the loss of payment me must be not more than five working days from the next working day of signature of this purchase agreement.  This is in accordance with the article 56 of federal law for consumers protection.  If the request for cancellation is within the aforementioned Period the return of the total investment must be made  within 15 working days of the date of cancellation of the purchase agreement.
> ...


The recission period is 5 days in Mexico and the contract wording supports that. You are indeed too late to rescind legally.


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## lkc1234 (Aug 27, 2021)

NolaTee said:


> I have since cancelled that card


You may have lost the down payment but don't pay the maintenance fee and there is nothing they can do.


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## clifffaith (Aug 27, 2021)

NolaTee said:


> I have since cancelled that card



Cancelling the card does not get you out of charges already on it. You need to dispute the charge if you want to have a chance to get your $1,000 back -- lay it on thick, "Mexico, hard sell, timeshare". Might work, might not.


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## bogey21 (Aug 27, 2021)

Cancelling the card has no impact if the $1,000 down payment has already posted to the card but it should stop them from collecting the "payment arrangements" you agreed to if the future payments are to come out of the same card...

George


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## NolaTee (Aug 27, 2021)

lkc1234 said:


> You may have lost the down payment but don't pay the maintenance fee and there is nothing they can do.



I understand the $1000 may be lost. I  don't want the timeshare and I don't want it to hurt me financially. Will walking away from it hurt me in the long run?


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## NolaTee (Aug 27, 2021)

bogey21 said:


> Cancelling the card has no impact if the $1,000 down payment has already posted to the card but it should stop them from collecting the "payment arrangements" you agreed to if the future payments are to come out of the same card...
> 
> George



Will it come back on me later?


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## bogey21 (Aug 27, 2021)

NolaTee said:


> Will it come back on me later?


Most likely not...

George


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## lkc1234 (Aug 28, 2021)

NolaTee said:


> I understand the $1000 may be lost. I  don't want the timeshare and I don't want it to hurt me financially. Will walking away from it hurt me in the long run?


Probably not. I would not worry about it. You could call the resort and let them know you made a mistake and can not afford to pay the maintenance fees and would like them to take it back. Otherwise you will not be paying the maintenance fees. They may decide to take it back after you fail to pay the maintenance fees for a few months.


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## easyrider (Aug 28, 2021)

NolaTee said:


> Will it come back on me later?



Sometimes it depends on how much you owe. If you owe a large contract amount and maintenance fee that might be enough to be worth trying to collect. The Laws that apply to the transaction are Mexican Laws that are not recognized in the USA so there would be costs to pursue the matter. I kind of doubt that anything could happen unless a person signs an acknowledgement of the debt in the USA.

Most timeshares that American's purchase in Mexico are on a coastline which makes the ownership a "right to use" because American's can only buy property about 30 miles away from the coast and 60 miles from a International border. Since the contract is a RTU it is basically a membership. There is nothing to foreclose. 

Claiming fraud to the credit card company is the only way to get the money back. This would also prove that a person had claimed fraud off the get go if it came up latter.

Bill


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## bjones9942 (Aug 29, 2021)

easyrider said:


> ... Most timeshares that American's purchase in Mexico are on a coastline which makes the ownership a "right to use" because American's can only buy property about 30 miles away from the coast and 60 miles from a International border. Since the contract is a RTU it is basically a membership. There is nothing to foreclose. ...



[apologies for hijacking this thread for a moment]

Bill,

All due respect, and just for clarification ... foreigners (not just 'American's') can buy property anywhere in México.  The issue with the restricted zone (within 100 km of a border, and 50 km of a coast) is that it disallows foreigners from direct ownership of what they've bought.  There is a simple mechanism to deal with this - the fideicomiso (bank trust where the bank is the direct owner, but grants the buyer all rights for a renewable 50 year period); as well as forming a Méxican corporation with the buyer as an officer, then using the corporation to buy the property.

And yes, most Méxican timeshares are right-to-use.  A handful, including the one I have in Puerto Vallarta, are owned by Méxican corporations whose 'officers' are either persons or other corporations in other countries.

Foreclosure is not an issue - it's breach of contract.  Proving fraud would be difficult when the timeshare company would just provide a copy of the contract to the credit card company/bank, stating what you agree to pay, and pointing out your signature on said contract.  And taking a position that they 'told' you you would receive benefits that they later never provided is moot because, again, it wasn't in the contract that you signed.

Again ... apologies for the temporary hijack.


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## easyrider (Aug 29, 2021)

bjones9942 said:


> [apologies for hijacking this thread for a moment]
> 
> Bill,
> 
> ...



What I thought, it's been a while, but only Americans and Japanese are not allowed to own property on the coastlines and border areas in Mexico. What you are describing regarding a bank trust is a RTU and not deeded ownership. 

Many people do claim fraud after purchasing a timeshare in Mexico. Mainly because it is fraudulent to sell a defective product. A person purchases a RTU because of the sales pitch. Often times the sales pitch involves things that never will materialize like extra vacations, a golf course, a theme park or what ever. 

The recourse for a Mexican company to collect a Mexican debt is to go to a Mexican court which they usually won't because they know its a waste of time. If a person doesn't need credit in Mexico or has nothing to garnish in Mexico there is really no good recourse for bad International debt collection, imo. Collection efforts on this type of debt relies on the debtors cooperation. They can't report or record the debt outside of Mexico without getting a judgement in the USA which would also be a waste of time. 

Bill


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## bjones9942 (Aug 29, 2021)

easyrider said:


> What I thought, it's been a while, but only Americans and Japanese are not allowed to own property on the coastlines and border areas in Mexico. What you are describing regarding a bank trust is a RTU and not deeded ownership.
> 
> Many people do claim fraud after purchasing a timeshare in Mexico. Mainly because it is fraudulent to sell a defective product. A person purchases a RTU because of the sales pitch. Often times the sales pitch involves things that never will materialize like extra vacations, a golf course, a theme park or what ever.
> 
> ...



Again, respectfully, this is not correct.  Foreigners of any nationality are restricted from owning property outright in México's restricted zones.  Not just American's.  Not American's and Japanese.  All foreigners.  And no, while owning via a fideicomiso may not be directly deeded, it is much more than right to use.  I can do anything I want with my property here in Mazatlán.  I can sell it.  I can build on it.  I can change the structure.  And I don't need permission - for all practical purposes, it's mine.  My heirs will even inherit it, and the fideicomiso too.

And you missed the point of my description of using a Méxican corporation to own the timeshare.  In my circumstance, the Méxican corporation is owned by a US corporation.  And I believe my timeshare agreement is between myself and that US corp.  They definitely WOULD go after me were I to stop performing under the conditions of our contract.

In the scenario you described, it is more likely than not that you will not prevail in court.  Courts look at contracts.  If the items a salesperson said were included in the sale, but they weren't listed in the contract - and you then signed the contract, then there is no recourse in any court.  Is lying to someone to make a sale moral?  No.  Legal, (in this scenario) yes.  Sure, you can sue.  You can claim fraud or anything else you want.  Will you win?  No.


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## easyrider (Aug 29, 2021)

bjones9942 said:


> In the scenario you described, it is more likely than not that you will not prevail in court. Courts look at contracts. If the items a salesperson said were included in the sale, but they weren't listed in the contract - and you then signed the contract, then there is no recourse in any court. Is lying to someone to make a sale moral? No. Legal, (in this scenario) yes. Sure, you can sue. You can claim fraud or anything else you want. Will you win? No.



The scenario I am describing is a person residing in the USA or Canada that is funding a timeshare purchase with a Mexican line of credit. The Mexican company has no recourse in the USA to collect the debt without obtaining a judgement in the USA which is very unlikely to happen because that judgement does not force payment. To affect a persons credit score a non-reporting company would need a judgement. Why would a company throw away money for a judgement that does not provide satisfaction ? They don't.

The senario you are describing is a person living in the same country where they default.

The idea that a Mexican timeshare presentation is purely a sale without deception is false. Right off the get go, by offering a gift to attend a presentation there is deceit and misrepresentation. You get this gift for 90 minutes. NO, you don't. Once the presentation begins there are many obscure ideas floated like renting this week is profitable and these profits could be used to pay for the timeshare, we will buy your other week but after the presentation if you do buy a week you still own your week they said they would buy, this property trades very well, this property is building xyz and you will have access to xyz , this property is built to IBC (lol), you will have access to this property by simply making a reservation and so many more deceptive statements and any one of these statements constitutes fraud.


Bill



			https://www.ftc.gov/system/files/documents/public_statements/410531/831014deceptionstmt.pdf
		


*II. THERE MUST BE A REPRESENTATION, OMISSION, OR PRACTICE THAT IS LIKELY TO MISLEAD THE CONSUMER. 

Most deception involves written or oral misrepresentations, or omissions of material information. Deception may also occur in other forms of conduct associated with a sales transaction. The entire advertisement, transaction or course of dealing will be considered. The issue is whether the act or practice is likely to mislead, rather than whether it causes actual deception.6*


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## LadyDi2021 (Aug 30, 2021)

NolaTee said:


> So my husband and I purchased what I thought was just a “membership” with Tafer Club at Garza Blanca not realizing that it was indeed a timeshare. We put a down payment of $1,000 on my credit card and made payment arrangements for the rest. They didn’t take my social security number at the time of signing am I really legally liable? I’ve had a huge change of heart and I now want out.  How can I get out? This all happened on 8/14/21 and it was so called on someone had upgraded to a higher plan so I purchased theirs.  I’m so confused, I want OUT and I need HELP PLZ!!!



Thank you so much for posting this...I purchased a Tafer timeshare a few days later than you. I was definitely blindsided because they pushed how much they weren't a timeshare, they marketed themselves like you were purchasing an investment property...after foolishly spending $1,000, I got back to the states and realized they were indeed a timeshare which I personally didn't want. I've called them a few times and got the run-around...according to them, they couldn't locate my account so they couldn't help me. 

My mom basically told me to hit my credit card company up and do a stop payment for their future payments and to take a loss with the $1,000 because they don't ask for your social security number so it never hit my credit report. 

I didn't realize how foolish and non-informed I was at the time plus I was blinded by the beauty of their resort. I will call them and straight-up tell them I can't afford the maintenance and fees for this timeshare plus call my credit card company to stop payments. I'm not saying this is going to be a pretty process but it is a valuable lesson learned...I will never visit a beautiful place and get sucked into this mess.

If anyone has any suggestions about what I should do please let me know...I could use all the help I can get right now.


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## Aun8311 (Jan 12, 2022)

Has your account done to collections?


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## Passepartout (Jan 12, 2022)

Aun8311 said:


> Has your account done to collections?


I don't know to whom you are addressing this inquiry, but the poster above this hasn't been back to TUG in 4 months. You can try clicking on their blue username and emailing them.

It's highly unlikely that a Mexican resort will do anything but cancel the membership, and even if it were a US based TS it would take years to be turned over to collection- after many many letters and late charges etc. etc.

Jim


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