Cabo timeshare scam. Need help

[Gabriela]

So my husband and I fell for the timeshare scam in cabo yesterday September 2nd. We arrived to California today Sept 3rd. I am aware that we have 5 days to cancel however today when we went to the fed ex to get it certified they told us the earliest the resort would receive our letter is on friday the 7th. That would be 6 days so my question is if we send it within the 5 day frame is it still valid or does the resort have to receive it with in the 5 days? Also what adress would I send it to? There is 2 different ones in the contract and they dont seem to be valid. Would I send it to the adress of the resort the adress on their website?Thank you all in advance!!

 

[ecwinch]

This is a little tricky. If the contract was signed in the US, then the only requirement is that the recession is postmarked by the deadline.

I am not certain that is true for Mexico, but I would still send it by Fed-Ex and fax a copy. Given that Mexican law allows registered mail as an option, it is unlikely that delivery/mail time is counted in the 5 day window.

The revocation shall be made by giving notice or by delivering the good sold in person, through registered mail, or through other means to serve such notice in a legally unquestionable manner.

This link might be a good starting point:
https://www.nolo.com/legal-encyclopedia/oops-bought-timeshare-mexico-can-i-cancel-the-contract.html

 

[MULTIZ321]

So my husband and I fell for the timeshare scam in cabo yesterday September 2nd. We arrived to California today Sept 3rd. I am aware that we have 5 days to cancel however today when we went to the fed ex to get it certified they told us the earliest the resort would receive our letter is on friday the 7th. That would be 6 days so my question is if we send it within the 5 day frame is it still valid or does the resort have to receive it with in the 5 days? Also what adress would I send it to? There is 2 different ones in the contract and they dont seem to be valid. Would I send it to the adress of the resort the adress on their website?Thank you all in advance!!

What timeshare did you buy?
See this Tug Sticky on How Do I Cancel My Timeshare Purchase?


Richard

 

[Gabriela]

What timeshare did you buy?
See this Tug Sticky on How Do I Cancel My Timeshare Purchase?


Richard

It was 200 points worth at pueblo bonito sunset beach in cabo.

 

[TravelTime]

It was 200 points worth at pueblo bonito sunset beach in cabo.

Why is this a timeshare scam? Pueblo Bonito is one of the better Mexican timeshare companies. I attended their sales presentation at Sunset and it was extremely low pressure for Mexico.

 

[MULTIZ321]

It was 200 points worth at pueblo bonito sunset beach in cabo.

Review your purchase contract thoroughly. It will have information about rescinding and where to send your rescission letter. Send your letter via the U.S. Postal Service, certified, return receipt requested. The important date is the date the letter is postmarked. So don't delay. If you paid a
down-payment with a credit card - call the credit card company and cancel the payment. Request a refund of your deposit in the rescission letter.

Good luck.

Richard

 

[MULTIZ321]

Review your purchase contract thoroughly. It will have information about rescinding and where to send your rescission letter. Send your letter via the U.S. Postal Service, certified, return receipt requested. The important date is the date the letter is postmarked. So don't delay. If you paid a
down-payment with a credit card - call the credit card company and cancel the payment. Request a refund of your deposit in the rescission letter.

Good luck.

Richard

Also, don't forget to include the contract number in your recission letter.

Richard

 

[Karen G]

Here is the wording from Profeco, the Mexican consumer protection agency:
"By law, you have five business days to cancel the contract after you have signed it. If you decide to cancel the purchase within this period, notify the developer by email and certified mail. Keep the receipt as evidence you cancelled on time.

You should receive a prompt refund of all the money you have paid, without any cancelling penalties, within fifteen business days.

If the developer refuses to do so or agruments you resigned to this rigth when signing the contract, you may contact extranjeros@profeco.gob.mx. To submit a formal complaint, you must send the following paperwork: a brief description of the problem, copy of the contract and of your ID."

Here is their website: https://www.profeco.gob.mx/revista/publicaciones/otas_pub_06/timeshares_abr06.pdf

Since you likely don't have an email address, send it to whatever address you do have. The date you mail it the key, not the date they receive it.

 

[Gabriela]

Review your purchase contract thoroughly. It will have information about rescinding and where to send your rescission letter. Send your letter via the U.S. Postal Service, certified, return receipt requested. The important date is the date the letter is postmarked. So don't delay. If you paid a
down-payment with a credit card - call the credit card company and cancel the payment. Request a refund of your deposit in the rescission letter.

Good luck.

Richard

Here is the wording from Profeco, the Mexican consumer protection agency:
"By law, you have five business days to cancel the contract after you have signed it. If you decide to cancel the purchase within this period, notify the developer by email and certified mail. Keep the receipt as evidence you cancelled on time.

You should receive a prompt refund of all the money you have paid, without any cancelling penalties, within fifteen business days.

If the developer refuses to do so or agruments you resigned to this rigth when signing the contract, you may contact extranjeros@profeco.gob.mx. To submit a formal complaint, you must send the following paperwork: a brief description of the problem, copy of the contract and of your ID."

Here is their website: https://www.profeco.gob.mx/revista/publicaciones/otas_pub_06/timeshares_abr06.pdf

Since you likely don't have an email address, send it to whatever address you do have. The date you mail it the key, not the date they receive it.

Thank you so much! What a relief.

 

[Gabriela]

Review your purchase contract thoroughly. It will have information about rescinding and where to send your rescission letter. Send your letter via the U.S. Postal Service, certified, return receipt requested. The important date is the date the letter is postmarked. So don't delay. If you paid a
down-payment with a credit card - call the credit card company and cancel the payment. Request a refund of your deposit in the rescission letter.

Good luck.

Richard

Thank you so much for your help!