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

[TheGent35]

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]

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]

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]

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]

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]

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?

 

[zentraveler]

5 hour presentation

Yikes . I would skip TS presentations of any kind in the future.

 

[TheGent35]

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]

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]

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]

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]

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]

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]

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.





.

 

[TheGent35]

Is there a form or a sample letter that I can find on here that I can send?

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]

All you have to say is:

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

Signed,
Everyone that was listed on the agreement

 

[TheGent35]

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".

 

[rpennisi]

"let me get your credit card info just so if we do sign everything we have something on file".

Really big red flag right then and there.

 

[easyrider]

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]

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]

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.]

 

[simpsontruckdriver]

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

Actually, you didn't save $7300, you saved $70,000!

TS

 

[Jaga75]

Help please I signed a contract 24 hours at garza Blanc Mexico and must cancel
How do I do this while I’m still here please

 

[TUGBrian]

Help please I signed a contract 24 hours at garza Blanc Mexico and must cancel
How do I do this while I’m still here please

start with post 2!

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

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...

tugbbs.com

also thanks for the heads up on this thread, id missed this rescission worth 70k!

please let us know what you saved too!