[ 2021 ] Timeshare company won't honor agreement I signed

[santer]

I signed and paid for a 30 years, one week a year. My agreement says that if I am a member in good standing, I can terminate my membership by writing a letter to the resort owners.
Since I paid for and began my membership in 1996 the resort has changed ownership and management a few times.
The current owners/management will not honor my request to terminate.
What can I do?

 

[Passepartout]

Stop paying annual fees.

 

[santer]

Stop paying annual fees.

But won't that ruin my credit?

 

[LannyPC]

But won't that ruin my credit?

Not necessarily:

https://tugbbs.com/forums/threads/2020-timeshare-default-credit-report-collection-tracking.304138/

 

[dioxide45]

Are you quoting your agreement and providing a copy of it when you send them the letter telling them you are terminating?

 

[santer]

Are you quoting your agreement and providing a copy of it when you send them the letter telling them you are terminating?

I sent them a copy of the agreement. But they say that because they are new owners/management, they are no longer bound by the old agreement I signed.

 

[rboesl]

I sent them a copy of the agreement. But they say that because they are new owners/management, they are no longer bound by the old agreement I signed.

Then neither are you. So you should stop paying your dues. They can't have it both ways. Besides it's highly unlikely a timeshare company in Mexico would be able to ding your credit rating.

 

[T-Dot-Traveller]

I signed and paid for a 30 years, one week a year. My agreement says that if I am a member in good standing, I can terminate my membership by writing a letter to the resort owners.
Since I paid for and began my membership in 1996 the resort has changed ownership and management a few times.
The current owners/management will not honor my request to terminate.
What can I do?

You have a 30 year RTU (right to use) agreement in Mexico. There is no deed and it is fully paid for.

I think you are getting good feedback on your best option to end MF payments
There are numerous Mexican forum TUG threads on this topic

 

[rickandcindy23]

I sent them a copy of the agreement. But they say that because they are new owners/management, they are no longer bound by the old agreement I signed.

They just gave you an out. The agreement is apparently null and void and you are no longer going to need to pay those fees anymore.

 

[pittle]

They just gave you an out. The agreement is apparently null and void and you are no longer going to need to pay those fees anymore.

Yes - that happened with us on one in Mazatlan. That one changed hands twice - I think the first time they had just changed the name because many of the same people were still there the first time, but then there was really new ownership and they said they would not honor the current contract, so we said well, just take us off your list of owners. We have not heard from them again.

We had one in Puerto Vallarta that was pretty much the same and when they raised MF significantly we quit paying. Once we got an email asking if we wanted to stay as "part of the family", we responded no. They had let it get run down in less than 10 years and raised the MF to higher than our other two bedroom units in PV and they had no amenities except for a small rooftop pool. They are actually trying to sell all the units as full-time ownerships now, so were sqeezing out the timeshare folks.

 

[bjones9942]

I sent them a copy of the agreement. But they say that because they are new owners/management, they are no longer bound by the old agreement I signed.

Did they say that in a letter or email? If so, I'd have a copy handy to send to any credit bureau they might report you to. "Hi Experion/..., as you can see by the enclosed correspondence from XYZ, they consider our agreement null and void. Therefore the fees in question were no longer applicable. Please remove this entry from my credit report".

 

[santer]

Did they say that in a letter or email? If so, I'd have a copy handy to send to any credit bureau they might report you to. "Hi Experion/..., as you can see by the enclosed correspondence from XYZ, they consider our agreement null and void. Therefore the fees in question were no longer applicable. Please remove this entry from my credit report".

It was by phone.

 

[DonnaD]

I think that I would proceed by sending an email to the company along with a copy of your purchase agreement with the clause highlighted that said you have right to quit. Write that you will not be paying any additional fees per your agreement. That way, you will get written response. I might include comment that you will refer the matter to Profeco in Mexico to resolve the issue if necessary. State that you understand that resot is under new ownership and that you have no agreement with them. Good luck. Stand your grounds. You have the written contract and you and they must honor it.
DonnaD

 

[easyrider]

I sent them a copy of the agreement. But they say that because they are new owners/management, they are no longer bound by the old agreement I signed.

I think Donna has it right. Do that first and just stop paying and turn them in to Profeco if they bring it up again.

Bill

 

[santer]

I think that I would proceed by sending an email to the company along with a copy of your purchase agreement with the clause highlighted that said you have right to quit. Write that you will not be paying any additional fees per your agreement. That way, you will get written response. I might include comment that you will refer the matter to Profeco in Mexico to resolve the issue if necessary. State that you understand that resot is under new ownership and that you have no agreement with them. Good luck. Stand your grounds. You have the written contract and you and they must honor it.
DonnaD

There is a clause in the Declarations that says that "the rules and regulations related to this agreement, which in the event that they are amended or updated by Desarollos Turisticos Gran Vision or any authority they shall be abided by all Members."

This is in the document I signed in 1997 with La Jolla Beach Resort, which became Playa del Sol, which became Bel Air, which changed the terms of the agreement. I was never notified of this change, and I have signed nothing.

Not sure how to proceed.

What is Profeco? And how do I refer the matter to them?

 

[Passepartout]

There is a clause in the Declarations that says that "the rules and regulations related to this agreement, which in the event that they are amended or updated by Desarollos Turisticos Gran Vision or any authority they shall be abided by all Members."

This is in the document I signed in 1997 with La Jolla Beach Resort, which became Playa del Sol, which became Bel Air, which changed the terms of the agreement. I was never notified of this change, and I have signed nothing.

Not sure how to proceed.

What is Profeco? And how do I refer the matter to them?

Profeco is the Mexican Gov't bureau of consumer affairs that oversees timeshares. Here's a link to their site. It is not robust in English, so you might have to utilize Google Translate or similar to get the info you need. Look under the header Contacto (Contact) for addresses.

Good Luck!

KarenG (R.I.P.) used to handle all these requests. She is sorely missed!

Jim

 

[santer]

I think Donna has it right. Do that first and just stop paying and turn them in to Profeco if they bring it up again.

Bill

Bill,

There is a clause in the Declarations that says that "the rules and regulations related to this agreement, which in the event that they are amended or updated by Desarollos Turisticos Gran Vision or any authority they shall be abided by all Members."

This is in the document I signed in 1997 with La Jolla Beach Resort, which became Playa del Sol, which became Bel Air, which changed the terms of the agreement. I was never notified of this change, and I have signed nothing with Bel Air. Look at the attached Decalaration, Eighth clause.

Not sure how to proceed.

 

[easyrider]

Bill,

There is a clause in the Declarations that says that "the rules and regulations related to this agreement, which in the event that they are amended or updated by Desarollos Turisticos Gran Vision or any authority they shall be abided by all Members."

This is in the document I signed in 1997 with La Jolla Beach Resort, which became Playa del Sol, which became Bel Air, which changed the terms of the agreement. I was never notified of this change, and I have signed nothing with Bel Air. Look at the attached Decalaration, Eighth clause.

Not sure how to proceed.

That is interesting. La Jolla went out of business. The contract is with La Jolla. Why would you owe Bel Air anything if they haven't had you sign an agreement with them ?

Bill

 

[santer]

There is a clause in the Declarations that says that "the rules and regulations related to this agreement, which in the event that they are amended or updated by Desarollos Turisticos Gran Vision or any authority they shall be abided by all Members."

This is in the document I signed in 1997 with La Jolla Beach Resort, which became Playa del Sol, which became Bel Air, which changed the terms of the agreement. I was never notified of this change, and I have signed nothing with Bel Air. Look at the attached Decalaration, Eighth clause.

Not sure how to proceed.

That is interesting. La Jolla went out of business. The contract is with La Jolla. Why would you owe Bel Air anything if they haven't had you sign an agreement with them ?

Bill

If they have an argument it would be along the lines of: My having worked with them all these years implies an agreement to the terms of their contract. It seems to be a gray area. Not sure what my rights are. The contract with La Jolla says it can be amended by "Desarollos Turisticos Gran Vision or any authority."
I don't know whether Bel Air is such an authority. And what is Desarollos Turisticos Gran Vision? I think Desarollos Turisticos Gran Vision no longer exists.

 

[Ty1on]

There is a clause in the Declarations that says that "the rules and regulations related to this agreement, which in the event that they are amended or updated by Desarollos Turisticos Gran Vision or any authority they shall be abided by all Members."

This is in the document I signed in 1997 with La Jolla Beach Resort, which became Playa del Sol, which became Bel Air, which changed the terms of the agreement. I was never notified of this change, and I have signed nothing with Bel Air. Look at the attached Decalaration, Eighth clause.

Not sure how to proceed.


If they have an argument it would be along the lines of: My having worked with them all these years implies an agreement to the terms of their contract. It seems to be a gray area. Not sure what my rights are. The contract with La Jolla says it can be amended by "Desarollos Turisticos Gran Vision or any authority."
I don't know whether Bel Air is such an authority. And what is Desarollos Turisticos Gran Vision? I think Desarollos Turisticos Gran Vision no longer exists.

When Bel Air bought the rights to these contracts, they became bound to the contracts under their existing terms, and the other parties are bound to the contracts as if they never changed hands, only with Bel Air instead of DTGV as party to the contract terms.

Termination is a core facet of the contract, not a rule or regulation, and as far as I've ever seen (I'm obviously not an attorney), a party may NOT unilaterally and arbitrarily alter the core contract. Stop paying. In the unlikely event that they report a credit deficiency, challenge with the credit reporting agencies, with a copy of the contract with the termination clause highlighted and a written narration explaining that Bel Air refuses to honor contract terms. But I doubt it will even come to doing that.

 

[santer]

When Bel Air bought the rights to these contracts, they became bound to the contracts under their existing terms, and the other parties are bound to the contracts as if they never changed hands, only with Bel Air instead of DTGV as party to the contract terms.

Termination is a core facet of the contract, not a rule or regulation, and as far as I've ever seen (I'm obviously not an attorney), a party may NOT unilaterally and arbitrarily alter the core contract. Stop paying. In the unlikely event that they report a credit deficiency, challenge with the credit reporting agencies, with a copy of the contract with the termination clause highlighted and a written narration explaining that Bel Air refuses to honor contract terms. But I doubt it will even come to doing that.

I agree that termination sounds like a core facet of the contract. But the termination procedure is described in the booklet called "Rules and Regulations." (I'm unable to attach it) I'm not an attorney either. But I fear if it's reported to a credit agency, an attorney will be costly.

 

[Passepartout]

I agree that termination sounds like a core facet of the contract. But the termination procedure is described in the booklet called "Rules and Regulations." (I'm unable to attach it) I'm not an attorney either. But I fear if it's reported to a credit agency, an attorney will be costly.

I really doubt it will be reported, and if it is, you have the right to submit a mitigating letter to the credit agency. That won't be nearly as costly as ongoing fees on a TS you don't want. For starters, they'd have to hire a law firm who can practice in your state to bring judgement. I'd stop paying and make them fish or cut bait.

 

[santer]

I really doubt it will be reported, and if it is, you have the right to submit a mitigating letter to the credit agency. That won't be nearly as costly as ongoing fees on a TS you don't want. For starters, they'd have to hire a law firm who can practice in your state to bring judgement. I'd stop paying and make them fish or cut bait.

I only owe them until 2026. But I have mixed feelings about paying the MF. Since 1997, I have almost always exchanged my week with a timeshare exchange service. But I don't feel it's a very good deal. After hearing TS refuse to allow me to terminate the membership, I'm left with a bad feeling. They are not acting in good faith.

 

[T-Dot-Traveller]

I agree that termination sounds like a core facet of the contract. But the termination procedure is described in the booklet called "Rules and Regulations." (I'm unable to attach it) I'm not an attorney either.

But I fear if it's reported to a credit agency, an attorney will be costly.

What they could do is send it to a bully collection agency / the kind that tries to threaten you -and so you pay -(even though there is no debt)
IF this were to happen -

1) You do not acknowledge that a debt exists [ @easyrider can explain this]

2) The resort is in Mexico & you are not - so it is pretty difficult legally for them to report to a non Mexican credit reporting agency. [ but they can give it to any collection agency that is willing to work you over for a % of the take]

3) You can contact any USA credit reporting agency to see if anything has been reported without the need for an attorney.

4 ) note : a credit reporting agency is different from a collection agency

 

[santer]

What they could do is send it to a bully collection agency / the kind that tries to threaten you -and so you pay -(even though there is no debt)
IF this were to happen -

1) You do not acknowledge that a debt exists [ @easyrider can explain this]

2) The resort is in Mexico & you are not - so it is pretty difficult legally for them to report to a non Mexican credit reporting agency. [ but they can give it to any collection agency that is willing to work you over for a % of the take]

3) You can contact any USA credit reporting agency to see if anything has been reported without the need for an attorney.

4 ) note : a credit reporting agency is different from a collection agency

Yes the resort is in Mexico but the management of TS is Bel Air Vacation Club which is in USA.