• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 30 years!

    Join Tens of Thousands of other Owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 30 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 30th anniversary: Happy 30th Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    Free memberships for every 50 subscribers!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $21,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $21 Million dollars
  • Sign up to get the TUG Newsletter for free!

    60,000+ subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!

Getting money back on a deposit for an Addendum without any signed contracts

TheGent35

Guest
Joined
May 19, 2024
Messages
9
Reaction score
3
Points
3
My family has a every other year "timeshare" with Tafer at Garza Blanca Puerto Vallarta. We were roped into a 5 hour presentation and the salesperson was very convincing and was telling my parents how they had "made a mistake" and we actually got too good of a deal when they originally signed up. So that we had to buy more points with them as we'd be taking advantage of a great opportunity. We were all tired and so we verbally agreed and they took our information and my credit card information but did not sign any paperwork. (This was on the 16th 2 days ago now). When I got home and looked at the documents more clearly I realized that it did not make financial sense for us and decided to change my mind on the offer. I checked my bank and saw that they had already charged me the deposit.

I have been reading on these forums that you have 5 days to rescind an offer, but does that only apply to new contracts? Since this is an addendum to a previous contract I did not see a clause for cancelation. I didn't sign any documents so I should be entitled to a refund on the deposit no?

I'm sorry this is so long but wanted to see what options I should take as this is all new to me. Thank you for your help in advance.
 

T-Dot-Traveller

TUG Member
Joined
Jun 10, 2015
Messages
4,682
Reaction score
3,644
Points
348
Location
Canada
Resorts Owned
Mayan Palace Regency
Taranova
Hi @TheGent35
Welcome to TUG.
( As I understand it ) - The Mexican law that allows the 5 days to rescind a Timeshare purchase is actually a consumer protection law that governs all retail purchases made in Mexico. Profeco is the Mexican consumer protection agency that adjudicates the law.

(In my opinion ) -If Tafer - Gaza Blanca charged your credit card then a consumer purchase was made ; and you can rescind this purchase if you follow the time line rules,

Do so asap.

Keep date stamped copies
cc Profeco
Notify your credit card company
 

dioxide45

TUG Review Crew: Expert
TUG Lifetime Member
Joined
May 20, 2006
Messages
48,451
Reaction score
19,910
Points
1,399
Location
NE Florida
Resorts Owned
Marriott Grande Vista
Marriott Harbour Lake
Sheraton Vistana Villages
Club Wyndham CWA
If you signed something, then you have a contract. Perhaps it is labeled as an addendum, but it is a contract to purchase something new. You need to rescind to get out of this and revert it back to what was previously owned.

I also don't understand why someone would agree to modify what they own when they were given something better than they should have received? That is just a lie anyway. Quite a common lie by Mexican timeshare salespeople.
 

TheGent35

Guest
Joined
May 19, 2024
Messages
9
Reaction score
3
Points
3
If you signed something, then you have a contract. Perhaps it is labeled as an addendum, but it is a contract to purchase something new. You need to rescind to get out of this and revert it back to what was previously owned.

I also don't understand why someone would agree to modify what they own when they were given something better than they should have received? That is just a lie anyway. Quite a common lie by Mexican timeshare salespeople.
I haven't signed anything yet however, so don't know why they have already charged my card, this whole experience has been not fun
 

TheGent35

Guest
Joined
May 19, 2024
Messages
9
Reaction score
3
Points
3
Hi @TheGent35
Welcome to TUG.
( As I understand it ) - The Mexican law that allows the 5 days to rescind a Timeshare purchase is actually a consumer protection law that governs all retail purchases made in Mexico. Profeco is the Mexican consumer protection agency that adjudicates the law.

(In my opinion ) -If Tafer - Gaza Blanca charged your credit card then a consumer purchase was made ; and you can rescind this purchase if you follow the time line rules,

Do so asap.

Keep date stamped copies
cc Profeco
Notify your credit card company
Do I need to send them an actual letter or would just email work?
 

dioxide45

TUG Review Crew: Expert
TUG Lifetime Member
Joined
May 20, 2006
Messages
48,451
Reaction score
19,910
Points
1,399
Location
NE Florida
Resorts Owned
Marriott Grande Vista
Marriott Harbour Lake
Sheraton Vistana Villages
Club Wyndham CWA
Do I need to send them an actual letter or would just email work?
If you didn't sign anything, I don't see how they can charge your card. Do you have a credit card slip/receipt? If you signed nothing, not even a credit card receipt then this should be an easy charge to dispute with the credit card company. Perhaps this is just a pending hold and not a charge that will actually post?
 

TheGent35

Guest
Joined
May 19, 2024
Messages
9
Reaction score
3
Points
3
If you didn't sign anything, I don't see how they can charge your card. Do you have a credit card slip/receipt? If you signed nothing, not even a credit card receipt then this should be an easy charge to dispute with the credit card company. Perhaps this is just a pending hold and not a charge that will actually post?
In the contract they have the credit card slip which required my signature, but not having signed anything I thought it wouldn't go through, but it just posted yesterday.
 

dioxide45

TUG Review Crew: Expert
TUG Lifetime Member
Joined
May 20, 2006
Messages
48,451
Reaction score
19,910
Points
1,399
Location
NE Florida
Resorts Owned
Marriott Grande Vista
Marriott Harbour Lake
Sheraton Vistana Villages
Club Wyndham CWA
In the contract they have the credit card slip which required my signature, but not having signed anything I thought it wouldn't go through, but it just posted yesterday.
So you have a contract but the contract isn't signed? Did you sign anything electronically on a trackpad or tablet?
 

TheGent35

Guest
Joined
May 19, 2024
Messages
9
Reaction score
3
Points
3
So you have a contract but the contract isn't signed? Did you sign anything electronically on a trackpad or tablet?
I have a contract but nothing was signed electronically to my knowledge, they just sent a docusign with all the paperwork. We left the resort before they could have us sign anything.
 

dioxide45

TUG Review Crew: Expert
TUG Lifetime Member
Joined
May 20, 2006
Messages
48,451
Reaction score
19,910
Points
1,399
Location
NE Florida
Resorts Owned
Marriott Grande Vista
Marriott Harbour Lake
Sheraton Vistana Villages
Club Wyndham CWA
I have a contract but nothing was signed electronically to my knowledge, they just sent a docusign with all the paperwork. We left the resort before they could have us sign anything.
And you didn't sign the docusign online? To be safe, you may still want to send a rescission letter to the address in the contract. It certainly can't hurt and ensures you are covered in the event they somehow think you have a signed contract and is an easier method to get out of the contract than fighting them if they think you signed.
 

TheGent35

Guest
Joined
May 19, 2024
Messages
9
Reaction score
3
Points
3
And you didn't sign the docusign online? To be safe, you may still want to send a rescission letter to the address in the contract. It certainly can't hurt and ensures you are covered in the event they somehow think you have a signed contract and is an easier method to get out of the contract than fighting them if they think you signed.
I opened it but did not sign, the weird thing is there is no address and no section that states there is any way to rescind or cancel this addendum. This is why this whole situation has been weird and confusing. Just want to make sure I have all my bases covered.
 

T-Dot-Traveller

TUG Member
Joined
Jun 10, 2015
Messages
4,682
Reaction score
3,644
Points
348
Location
Canada
Resorts Owned
Mayan Palace Regency
Taranova
Do I need to send them an actual letter or would just email work?
Do both -
The TUG Mexican Forum has numerous reports of [ some ] Mexican resorts accepting e-mail ; but doing both covers all bases.
Make sure to get a dated receipt and keep a paper copy.
 

TheTimeTraveler

TUG Member
Joined
Jan 23, 2008
Messages
6,045
Reaction score
2,928
Points
648
Location
Florida
I opened it but did not sign, the weird thing is there is no address and no section that states there is any way to rescind or cancel this addendum. This is why this whole situation has been weird and confusing. Just want to make sure I have all my bases covered.


Be sure to go to your local Post Office and send it via USPS REGISTERED MAIL, and retain the Postmarked dated mailing receipt. AND as @T-Dot-Traveller recommended also send it via email.





.
 

jwalk03

TUG Review Crew: Expert
TUG Member
Joined
May 3, 2016
Messages
3,779
Reaction score
2,915
Points
348
Location
Ohio
All you have to say is:

I/we wish to rescind contract signed on (date).

Signed,
Everyone that was listed on the agreement
 

TheGent35

Guest
Joined
May 19, 2024
Messages
9
Reaction score
3
Points
3
All you have to say is:

I/we wish to rescind contract signed on (date).

Signed,
Everyone that was listed on the agreement
Awesome thank you,

Yeah it's just weird because we were charged the deposit before we even signed or agreed to anything. She showed me some options we said "we might be interested, just give us some time to think about it" she agreed and said "let me get your credit card info just so if we do sign everything we have something on file".
 

easyrider

TUG Review Crew: Elite
TUG Member
Joined
Aug 21, 2005
Messages
15,461
Reaction score
8,348
Points
948
Location
Palm Springs of Washinton
Resorts Owned
Worldmark * * Villa Del Palmar UVCI * * Vacation Internationale*
I haven't signed anything yet however, so don't know why they have already charged my card, this whole experience has been not fun

Let your credit card company know this is fraud. Tell the resort that you cancelled the upgrade by letter, email or both. Let the resort know you are going to make a fraud claim if they persist.

Bill
 

TheGent35

Guest
Joined
May 19, 2024
Messages
9
Reaction score
3
Points
3
Thank you guys for all your help! Just got contacted today that the charge will be refunded back to my card and I see the refund pending on my account. You guys just saved me $7300!

The contract was for a total of $70,000 as well.
 

T-Dot-Traveller

TUG Member
Joined
Jun 10, 2015
Messages
4,682
Reaction score
3,644
Points
348
Location
Canada
Resorts Owned
Mayan Palace Regency
Taranova
Thank you guys for all your help! Just got contacted today that the charge will be refunded back to my card and I see the refund pending on my account. You guys just saved me $7300!

The contract was for a total of $70,000 as well.
Nice

$ 70,000 = 175 nights / 25 weeks in Puerto Vallarta at $ 400 a night .
[ Last winter the Westin and Marriott Hotels in the PV Marina were about $ 350 per night.]
 
Top