Sticky - Know Your Rights Of Rescission Before Attending A Mexican Timeshare Presentation

[Karen G]

We are still on the hook for $2900 for all the signing "bonuses" we got but I will take that over the potential $65000 over 25 years.

What does the $2900 include?

 

[Dariah]

What does the $2900 include?

-The 2.5 hour "yacht" ride..not really a yacht but a lovely boat none the less, with two crew, lunch, snorkeling
-First Club fee since they upgraded us from our studio to a 1 bdrm suite - which was a waste, I have 2 kids, we aren't spending time in the tiny members only pool or fancy lounge, we definitely did not fit the demographic in there.
-5 nights upgrade fee from the studio to the 1bdrm..which I feel bad also cause they downgraded ppl from this room checking in same day and put them in the studio room..a family

I signed something saying I would pay it if we rescinded.

You know I would absolutely love this program just not at this cost. Having bonus weeks you can share was a nice bonus for us who like to travel with family.

 

[Travellerneeding help]

"If you are asked to sign a note that you are waiving the 5-day rescission (cancellation) period granted by Mexico (in case you change your mind about the purchase) that waiver is a fraud...."



Here is a brochure from Profeco, the Mexican consumer protection agency about important things to consider BEFORE attending a timeshare presentation in Mexico.

PROFECO INFORMATION:

The Profeco has a dedicated office to assist non-Mexicans who are already outside the country, the Conciliation a Extranjeros. You can reach them by email at extranjeros@profeco.gob.mx or by phone at one of the following numbers:
(0155) 52 11 17 23,
(0155) 56 25 67 00,
(01 800) 46 88 722





SEE POST #262 IN THIS THREAD FOR UPDATED INFORMATION

The best protection of your rights and responsibilities on any contract is to take your time to completely read and fully understand all the provisions of the agreement. Do not rely on what a salesman tells you because only what is written in the contract will be enforceable. Don't be rushed or pressured to sign something you don't understand. If you feel you are being rushed or pressured to sign, that's a big clue to stop and walk away.

Added 4-24-15: Watch this tv report about a presentation in Puerto Vallarta:
http://sacramento.cbslocal.com/video/11423455-call-kurtis-investigates-mexican-timeshare-nightmare/
TUG owner Brian Rogers is in this report, too.

I tried calling all of the numbers you’ve written with and without the country code and none of them went through. I’ve also used that email and it’s just sent back, mailer daemon it says. I hope you can help me to contact profeco. I’m already back to the United States and I can’t go back there. Supposed to go to their office yesterday before my flight but it’s a holiday.

 

[Karen G]

I tried calling all of the numbers you’ve written with and without the country code and none of them went through. I’ve also used that email and it’s just sent back, mailer daemon it says. I hope you can help me to contact profeco. I’m already back to the United States and I can’t go back there. Supposed to go to their office yesterday before my flight but it’s a holiday.

I just googled and got the following info:

• At Profeco we are here to help: call us at 5568-8722 or 01-800-468-8722

PROFECO
From Mexico City: 5568-8722. From the rest of Mexico:
01-800-468-8722. www.profeco.gob.mx
Site in English: http://www.profeco.gob.mx/english.htm

National Immigration Institute
From Mexico City: 5387-2400. www.inami.gob.mx

Ministry of Tourism
From Mexico City: 5250-0123 or 5250-0151.
From the rest of Mexico: 01-800-903-9200. From the USA: 1-800-482-9832
www.mexico-travel.com

Let us know if any of those numbers help.

 

[cheech]

-The 2.5 hour "yacht" ride..not really a yacht but a lovely boat none the less, with two crew, lunch, snorkeling
-First Club fee since they upgraded us from our studio to a 1 bdrm suite - which was a waste, I have 2 kids, we aren't spending time in the tiny members only pool or fancy lounge, we definitely did not fit the demographic in there.
-5 nights upgrade fee from the studio to the 1bdrm..which I feel bad also cause they downgraded ppl from this room checking in same day and put them in the studio room..a family

I signed something saying I would pay it if we rescinded.

You know I would absolutely love this program just not at this cost. Having bonus weeks you can share was a nice bonus for us who like to travel with family.

Dariah, I own 2 agreements with OVC. 1 is a 2 BD/2 BA Grand Level Cozumel home resort, the other is a 1 BD Platinum First Club no blackouts. Bought them both on ebay for $1 each. You did the right thing....

 

[Dariah]

Dariah, I own 2 agreements with OVC. 1 is a 2 BD/2 BA Grand Level Cozumel home resort, the other is a 1 BD Platinum First Club no blackouts. Bought them both on ebay for $1 each. You did the right thing....

Teach me how! I want one.

 

[DarlingLove]

May I please ask your inputs or knowledge...
We just signed in the Royal Solaris Club Membership last week and were able to email the of our Cancellation within the 5 Day policy. The issue is that there is a 1-page document that we signed and part of it stating "No Cancellation - We Decline the right of rescission" (before signing the actual agreement/contract). Do you think this is valid? Can my Visa Card help me & refund my money I deposited once I disputed it?
Is Anyone there has this same issue?

 

[easyrider]

May I please ask your inputs or knowledge...
We just signed in the Royal Solaris Club Membership last week and were able to email the of our Cancellation within the 5 Day policy. The issue is that there is a 1-page document that we signed and part of it stating "No Cancellation - We Decline the right of rescission" (before signing the actual agreement/contract). Do you think this is valid? Can my Visa Card help me & refund my money I deposited once I disputed it?
Is Anyone there has this same issue?

The " no cancellation" document or the "We decline the right of rescission" document is invalid and the resort will not even use these as anything other than an attempt to make you think you can't cancel within the 5 day rescission period. They can't use these documents because it is fraud on their part.

Bill

 

[DarlingLove]

Just want to let you know the updates for my case. We filed a dispute with credit card company and finally we were successfully have our money refunded. Going forward from here, just wonder if we should worry about this Timeshare company from Cancun is going to threathen us with anything.....Any suggestions....would be helpful...

Hello As I understood, I have the same case as yours... my concern is that 1-page of paper that we signed & part of it is stating "NO Cancellation/We Decline any right of rescission offered on this membership" this is before signing the actual agreement/contract.
may I please ask what documents/paperwork you submitted to the credit card company & what information you provided? How long does it take for the CC to refund you and are they helpful?

 

[DarlingLove]

The " no cancellation" document or the "We decline the right of rescission" document is invalid and the resort will not even use these as anything other than an attempt to make you think you can't cancel within the 5 day rescission period. They can't use these documents because it is fraud on their part.

Bill

Thanks so much BILL
This is really helpful & made my day relax a bit on this matter!

 

[Passepartout]

Hello As I understood, I have the same case as yours... my concern is that 1-page of paper that we signed & part of it is stating "NO Cancellation/We Decline any right of rescission offered on this membership" this is before signing the actual agreement/contract.
may I please ask what documents/paperwork you submitted to the credit card company & what information you provided? How long does it take for the CC to refund you and are they helpful?

That person was last on TUG over 5 yars ago. Not likely they'll see your post. Don't sweat the paper that says you are waiving the right of rescission. It's illegal here, as well as in Mexico. Consider copying PROFECO (The Mexican Consumer Affairs Bureau). KarenG's posted their contact info upthread in post #354. You'll probably get your credit card down payment refunded, but it doesn't hurt to challenge the charge and file a complaint with PROFECO.

Good Luck!

Jim

 

[DarlingLove]

That person was last on TUG over 5 yars ago. Not likely they'll see your post. Don't sweat the paper that says you are waiving the right of rescission. It's illegal here, as well as in Mexico. Consider copying PROFECO (The Mexican Consumer Affairs Bureau). KarenG's posted their contact info upthread in post #354. You'll probably get your credit card down payment refunded, but it doesn't hurt to challenge the charge and file a complaint with PROFECO.

Good Luck!

Jim

Thanks JIM & Everyone here I'm super Greatful to find this very helpful forum...!
As of the moment I'm waiting for a response from Club Solaris Cancun as I have not getting any since yesterday... after declining to their offer of cheaper packages when they receive my cancellation email.
In short, no confirmation from them if the resort if they will refund my deposit or I will move forward to Dispute this to my CC as well as filing a complaint with Profeco.
I will make sure to give an update to help other people who will come by here in the future.
If in case you have any more inputs & suggestions, please feel free to let me know!

 

[300Coach]

Thanks to TUG we took your advice and will be getting our deposit back and rescinded the contract!! After a few more sales pitches they finally gave up.

 

[DarlingLove]

Hello TUG & Everyone
Same with 300Coach - I will finally getting back a Refund of my Deposit, after few more sales pitches that I all declined.
I already signed the cancellation letter they asked me to sign & now waiting the refund in my bank as they say within 15 business days.

I'm really hoping No more victims...!

Super Thanks TUG

 

[Passepartout]

Thanks JIM & Everyone here I'm super Greatful to find this very helpful forum...!

Thanks. We try. You might explore resale- but NOT IN MEXICO! They're super easy to rent at low cost. Love your username too.

Jim

 

[macmanrider]

Just say no!

I've been to Mexico many times and have been solicited to attend a TS presentation. Many TS sales promos in Mexico offer all sorts of goodies to entice you to the presentation. My experience has been that the initial contact is on the up and up...there is no secret that you will be going to a timeshare sales presentation for a particular resort in exchange for free golf, a bottle of tequila, $100.00 cash US dollars, a nice breakfast ... either all of these or a combination. So go spend the two hours or so, say NO THANK YOU, get your gifts and leave ... The reputable TS outfit will come thru with the gifts as promised. If you are really interested in purchasing a Mex time share.. head to a reseller. See what owners are asking for a resale at the property you are considering. Go to EBAY and track a few sales and see what a resort ends up going for. Good RCI Gold Crown places show up at resellers and on EBAY on a regular basis. And sometimes for 10 to 30 percent of the "developer price" and less! Do a little comparison shopping.

A nice advantage is that the Mexican resorts are "Right to Use". Your obligation will go away in a fixed amount of years and you won't be trying to dump the property when you tire of it and want to stop paying the annual maintenance fee. Be aware that the financial "hit" you take when buying from the developer may be far worse than the new car purchase, should you want to sell in a week or so.

Our timeshare at costa sur is up in 2030. We paid $500 for 2 weeks we love it. Its old school but has every we need. We bought in 2010.

 

[bjones9942]

Just another FYI, NOT ALL timeshares in México are right to use. Lindo Mar in Puerto Vallarta is perpetual. Always double check! My two weeks at the Costa de Oro in Mazatlán are right to use, and both expire in 2022. Like macmanrider, both of my purchases (resale) were worth it to me. And since moving to Mazatlán, I trade my Costa de Oro through RCI for weeks in Acapulco. Still happy!

 

[GT75]

Just another FYI, NOT ALL timeshares in México are right to use. Lindo Mar in Puerto Vallarta is perpetual.

Isn’t it still RTU just in perpetual (forever)?

 

[Ty1on]

Isn’t it still RTU just in perpetual (forever)?

Yes.

 

[bjones9942]

Isn’t it still RTU just in perpetual (forever)?

Yes.

Our setup is a little different. The Lindo Mar is held by a Méxican corporation, which in turn is controlled by an Oregon corporation. When you purchase a week at the Lindo Mar you become a 'member' of the Oregon entity. It is correct to say that as a member, we do not own property outright; however the governing documents of the Oregon corporation require that if/when the property in Puerto Vallarta is closed, all assets will be sold and whatever monies remaining after satisfying debtors will be distributed to the members. I'm pretty sure that would not be the case with a typical RTU setup - with either a fixed term, or perpetual.

My main point is that NOT ALL timeshares in México are the same, even though some long timers here still think they are. In my case, were I to 'walk away' from my Méxican timeshare in Puerto Vallarta as MANY people advise when someone wants to stop paying their maintenance fees, I would in actuality be 'walking away' from an Oregon entity and would definitely suffer from dings to my credit because of it.

 

[pedro47]

Karen G, thanks for starting this thread and sharing your knowledge on rescission a Mexican timeshare. Outstanding

 

[easyrider]

Here is the Profeco claim form. There are two email addresses at the bottom of the form.

Bill

Correo PROFECO

 

[VacationDynasty]

This thread was extremely helpful. Glad it was started!

 

[Passepartout]

I just HAD to click on this. I miss Karen G and Fern deeply. Having their old threads around is a kind of digital immortality. Thanks, Newbie, for the resurrection.

Jim

 

[macmanrider]

Our timeshare at costa sur is up in 2030. We paid $500 for 2 weeks we love it. Its old school but has every we need. We bought in 2010.

Well we just got home from Costa sur. Week 4&5&6. Had a great time it's getting harder to get weeks there they tried to up sell us on a point system for almost $8000. Not interested we like our no hassle fixed weeks. But it's starting to lose the fixed week flavor as we don't known all our neighbors. But still fun.