# 5 day cancellation (Solmar in Cabo)



## u238ed (Nov 29, 2012)

Hey guys,

New here. I found the forums by searching for more information on the TS I just purchased in Cabo over Thanksgiving. 

After 5 hours of reading through all the threads I could find, I came to the conclusion that I made a mistake in my purchase. The salesman lied to me (promised 3 weeks, it's actually only one), and I really don't think this is the right choice for my family. Regardless of the reasons, I just want to get out of the deal and under Mexican law I have 5 days to do so.

The same day of purchase I sent an email to the email on the forms to Mr Calleros expressing my interest to cancel. I basically copy/pasted a version of this cancellation email (http://mexisham-timeshare.blogspot.com/2009/03/how-i-spent-my-winter-vacation.html). This was at 11/25/2012 at 11pm. 

I didn't receive a response on 11/26 so I went down to the local PROFECO office in Cabo and filed a formal complaint with Solmar's parent company. 

On 11/27 I received an email from Solmar and they said they needed 7 business days to respond to my email.

_Does anyone have any idea why they might be delaying? Should I go ahead and send a certified letter to them even though they responded to my cancellation email (confirming that they have indeed received my cancellation request)?_

Any help here would be great!

Thanks, TUGers!

u238ed


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## sjuhawk_jd (Nov 29, 2012)

u238ed said:


> Hey guys,
> 
> New here. I found the forums by searching for more information on the TS I just purchased in Cabo over Thanksgiving.
> 
> ...



Yes, I have an idea why they might be delaying. They want to steal your money and cheat you. Plain and simple. 

While you were in Cabo, instead of going to the office to complain, you should have gone to the post office and mailed Solmar a letter of cancellation via registered mail (with proof of mailing etc). Anyhow, I would still printout the email that they received your email for cancellation, and mail that via registered mail to be safe.


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## pacodemountainside (Nov 29, 2012)

Developers and their sales weasels hate rescissions and do absolute minimum to comply  with laws.

They generally harshly enforce terms so one must be  very meticulous in   doing.

Generally specify notice must be sent  via certified or registered mail to a specific  address and post marked by  deadline.  So, you are down to wire.

I am pretty sure e-mailing  sales manager is a waste of time and he will  stall.

Likewise, I do not think filing a complaint with a government agency  complies.


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## oldbuyer (Nov 29, 2012)

Here is the phone number for the Profeco office in Mexico City. Call them today to see if you need to send a certified letter of rescission. Call today
52 55 5211 1723


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## maja651 (Nov 29, 2012)

Good luck to you!  We experienced a similar situation in January of this year with the Grand Solmar sales people lying  to us.  We ultimately got out of the deal, but only because I was relentless on their Facebook page, and posted many bad reviews everywhere I could think of, including here.  

Michelle


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## oldbuyer (Nov 29, 2012)

Also call your credit card company and let them know you have filed for rescission and you are contesting the charge. Ask them to open a case.


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## u238ed (May 28, 2013)

Just a quick update. Everything was cancelled and I was refunded. I did end up sending a certified letter as soon as I got back to the US. I also contacted AmEx and had them start a refund. All good now!

Thanks for all your help!


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## pjrose (May 28, 2013)

That's great to hear; thanks for posting!  We love success stories


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## Karen G (May 29, 2013)

u238ed said:


> Just a quick update. Everything was cancelled and I was refunded. I did end up sending a certified letter as soon as I got back to the US. I also contacted AmEx and had them start a refund. All good now!
> 
> Thanks for all your help!


Excellent! Thanks for posting.


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## patnov16 (Dec 22, 2014)

*Help need grand solmar address and email address*

We just purchased the timeshare at Grand Solmar on Dec 19. and are trying to cancel the contract w/in the 5 business day window.  We've drafted a letter only to find the contract doesn't list an address, phone number, or email address. Obviously this is one of their tactics to prevent consumers from rescinding contracts.  Can anyone who has successfully received a refund with with Grand Solmar confirm that this is the address to send the letter to?

Also can any provide the correct email address?

Grand Solmar Land’s End Resort & Spa Cabo San Lucas
Av. Solmar No. 1A Col. Centro
Cabo San Lucas, BCS, C.P. 23450
México 23450

Thank you for the help!


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## Passepartout (Dec 23, 2014)

Can't help you with the address if it isn't in the contract somewhere, but if it was me, I'd hand carry it right into the PROFECO office in Cabo. They'll open a file, provide you with the necessary address, and hold the developer's feet to the fire to treat you fairly. Here are instructions, and the directions to the office are in about the 3rd paragraph. http://caborealestate.me/2011/05/13/living-in-los-cabos-going-to-profeco/

Good Luck!

Jim


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## patnov16 (Dec 23, 2014)

Thanks Jim! We are actually back in the U.S. so we cannot get it to the Cabo office. 

I actually emailed the resort earlier and copied PROFECO, only to get an auto response from PROFECO saying that they are closed until Jan 7th, 2015. I tried their 1-800 numbers and get a weird voicemail saying "this number is not in service". If PROFECO is not working, I am not sure if they will still be able to verify the fact that we send the request within 5 business days ... is there anything else we can do, or should do??


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## Karen G (Dec 23, 2014)

patnov16, can you just use the physical address of the resort that you posted in post #10? Send a certified rescission letter to that address and get a receipt from the post office showing the date you mailed it. That will be your proof that you rescinded within the five business days.


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## MuranoJo (Dec 23, 2014)

Agree with Karen.  And don't worry about Profeco being closed.  You can bring them into the picture if needed should you run into problems with the cancellation--save all the documentation as proof.

You may also want to alert your CC (if you used one) that you're trying to rescind.


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## oldbuyer (Dec 23, 2014)

the direct dial numer to Profeco in Mexico City is 52 55 5211 1723. email is: extranjeros@profeco.gob.mx


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