Rescinded offer - asked to sign release to receive refund

[myrison]

Hi all - first of all, thanks for the info here. Thanks to what I read, I was able to rescind an offer to a timeshare provider in MX within the timeframe allowed by law (5 days). According to the terms of our contract, the provider must then refund our monies within 15 days following our valid cancellation.

I received an email very shortly after rescinding telling me we'd cancelled within the time allowed by MX law, and asking me if there was anything they could do to retain my business. I chose not to answer at all, figuring I'd made my valid legal cancellation and was awaiting a refund.

However, after ~20 days, no refund was provided, so I wrote back telling them I was not interested in any counter-offers, and asked them to refund my money.

In response, they sent me a 'release and settlement letter,' which agrees to refund my money, but also obligates me to several other conditions. Examples:

• Agreement not to discuss the terms of the release (confidentiality clause)
• Agree to retract any/all negative activity related to the timeshare provider
• Agree that if I violate anything in the release that I'm obligated to repay the company the full amount
• Other less onerous things...

My response to the provider was that our contract does not obligate me to agree to any of these conditions, and to ask for my refund to be processed immediately. I realize none of you have read the specific terms of my original contract, but this seems shady/unnecessary, right? It should be as simple as canceling our contract and refunding the money as allowed by law?

Thanks for any input you can provide, and thanks again for all the info here!

 

[DeniseM]

It's definitely shady, but it's common with the Mexican Timeshare sales departments.

TUG frequently has posters who come back to us and ask us to delete their negative posts, because they have "settled" with the company and are rescinding.

 

[bogey21]

Personally I think you should have signed. At this point your goal should be getting your money back. They have it and by not signing you may have given them the ability to delay giving it back to you.

George

 

[Passepartout]

That's pretty standard among Mexican rescission. Sign and be done with them. You can do/say whatever, after their money is safely back in your accounts. Just don't do it over your true signature.

Jim

We already know the color of a skunk.

 

[traveldaddy]

I would also add, if, at any point in the future, they come back to you with a violation of the terms 'forced' upon you in order to receive your refund, that you have some fun with them, and return the favor by creating your own 'release' form with terms.

I would love to contribute to some terms in order for them to receive the "repayable monies" - one of the terms may even be anatomically impossible I
think/hope they would likely leave you along without contacting you again if you went this route.

Please don't take this as serious advice - but your post made me a little PO'd at companies that operate like this and it is proof why we need consumer protection laws (in all countries/jurisdictions).

 

[Karen G]

I agree with the others who have advised you to sign their paper and get your money back. Once you have the money you can report this company to the Mexican consumer protection agency, Profeco, and let them handle it.

 

[Talent312]

My DW oncle got in "shouting" contest with an out-of-state trucking company that had her furniture to be delivered. I pointed out that they had her stuff and telling them to stick it where the sun don't shine, wasn't going make them deliver it any faster. IOW, kicking sand in the face of someone you want to do something, won't help. Sign.
.

 

[Ty1on]

My DW oncle got in "shouting" contest with an out-of-state trucking company that had her furniture to be delivered. I pointed out that they had her stuff and if she wanted the stuff, the "my way or the highway" approach wasn't going to work. In the end, I made peace.

IOW, kicking sand in the face of someone you want to do something, won't help. Sign.
.

Yep. Get the refund, then kick up enough sand to start a nuclear winter.