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5 day cancellation (Solmar in Cabo)

u238ed

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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

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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

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.
 

pacodemountainside

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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.
 

oldbuyer

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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
 

maja651

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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
 

oldbuyer

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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

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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!
 

pjrose

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

Karen G

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Once owned these: FirstFairway@Walden X 2; Lawai Beach; ManhattanClub; PuebloBonitoRose; 4 South Africa--now timeshare-free
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.:clap:
 

patnov16

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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!
 

Passepartout

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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
 

patnov16

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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??
 

Karen G

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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.
 

MuranoJo

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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.
 

Bstone

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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
Hi Michelle,

Any advice? I tried emailing Grand Solmar and kept getting responses that the inbox was full and note accepting emails. I am not sure which avenue to pursue? Any recommendations?
 

T-Dot-Traveller

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Hi Michelle,

Any advice? I tried emailing Grand Solmar and kept getting responses that the inbox was full and note accepting emails. I am not sure which avenue to pursue? Any recommendations?
Hi @Bstone
Welcome to TUG

This is an 11 year old thread and Michelle last visited TUG in 2021

If your in the 5 day period and wish to rescind - get to the post office tomorrow & keep copies and
a receipt that shows the date mailed.
 

TheTimeTraveler

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Hi Michelle,

Any advice? I tried emailing Grand Solmar and kept getting responses that the inbox was full and note accepting emails. I am not sure which avenue to pursue? Any recommendations?


Send it via the Mexican Post Office or the United States Postal Service using REGISTERED MAIL and retain your receipt. It is the date of mailing which counts (not when they receive it).

There is a reason their inbox is full and it is very likely to delay you from rescinding within the five day time limit. Sorry to be blunt but most of these Mexican Timeshares are not the most ethical folks to do business with. A great move to rescind!



.




.
 

Moonster

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Hi Michelle,

Any advice? I tried emailing Grand Solmar and kept getting responses that the inbox was full and note accepting emails. I am not sure which avenue to pursue? Any recommendations?
You're going to want to send them a written cancellation letter stating you're exercising your right to a refund within 5 days under mexican consumer protection law, some good templates can be found on mescam.com . It is of the utmost importance that your cancellation letter be traceable so you will want to send your cancellation letter via registered mail through a reputable shipping company such as FedEx, DHL don't use the Mexican postal system unless you want your letters to get lost. Your other option would be to in addition to mailing the letter would be to get the letter signed AND stamped by a representative at the hotel (with a copy for yourself) if you're still staying at the hotel.

Lastly PROFECO is a great help but if you're dealing with a really bad company that just doesn't want to comply with the law they won't be much help, they can only mediate between you and the company.

If they're not willing to refund your money you can file a dispute with your credit card company, I have lots of useful information to that effect on my thread about Sunset World.

If you have any questions feel free to reach out.
 

TheTimeTraveler

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I've never heard of a "REGISTERED MAIL" product thru FedEx or DHL . REGISTERED MAIL is a worldwide product available (and recognized) in every Country's Postal Service (and not a private package delivery service such as UPS, FedEx or DHL) .

As for delivery? REGISTERED MAIL is a product that moves slower because it must be signed for EVERY time a different person takes control of it. And the Postmark date actually dictates the time the letter enters the mail stream, and the actual date of mailing (Postmark) is the date which really counts in the legal world for rescission paperwork.




.
 

DkBalboa

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I’m new here and could use any information about my issue.

I purchased Bluegreen in Las Vegas on March 21 NV, states I have 5 days up until midnight to rescission. I have my letter typed ready to mail in the morning if it’s postmarked on the 5th day is it fine. The thing is it’s Sunday my 5th day I will have to FedEx it or UPS it. I hope this will work. Does anyone have any other helpful information?
 

T-Dot-Traveller

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I’m new........information about my issue.

I purchased Bluegreen in Las Vegas on March 21 NV, states I have 5 days up until midnight to rescission. I have my letter typed ready to mail in the morning if it’s postmarked on the 5th day is it fine. The thing is it’s Sunday my 5th day I will have to FedEx it or UPS it. I hope this will work. Does anyone have any other helpful information?
Hi @DkBalboa
You should follow the instructions in your Bluegreen contract. DO IT MONDAY - as you stated .Send it USPS (post office ) REGISTERED - as that date stamps it;
As @TheTimeTraveler er posted above .

(The 5 days is for Mexico .)

edited - do what is required by Nevada
 
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DkBalboa

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The contract states 5 calendar days that would make today the final day, hence why FedEx or UPS. Contract states it can be sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service.
 

byeloe

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The contract states 5 calendar days that would make today the final day, hence why FedEx or UPS. Contract states it can be sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service.
then you should send it today, just be sure to have proof
 

geist1223

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Some USPS Offices are open 24 Hours per day 7 days per week, i.e. the one at PDX.
 
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