Sticky - Know Your Rights Of Rescission Before Attending A Mexican Timeshare Presentation

[buceo]

Is it your contention that Mexico timeshare resorts don't lie to prospective buyers? Really? You are surprised that a TS might be engaging in fraud?

Heaven forbid!! :rofl:

My contention was succinctly once put by another poster on a similar issue:
"It's a resort not a country". It's almost irrelevant to ask "what an entire country does"; unless maybe a government condones fraud then maybe lump the entire country together. In my case at my resorts in MX, no they didn't lie to sell units. Sales will put a positive outlook on most things, but not commit fraud in my experience.

Things I still don't understand are:
1) What was/are the fraudulent statement(s)
2) What resort was it, for all I know it's where I own, I'd like to know (I've never compared my English/Spanish contracts & don't plan to, but I'm not looking to get my money back)
3) Why doesn't the poster post? Why the posting for them?
4) As described, my understanding would be the entire membership of unsaid resort could get their money back? That'd shake things just a bit.

 

[Karen G]

Well, I can answer a few of your questions since I posted for the person:

Things I still don't understand are:
1) What was/are the fraudulent statement(s)
I don't know.

2) What resort was it, for all I know it's where I own, I'd like to know (I've never compared my English/Spanish contracts & don't plan to, but I'm not looking to get my money back)

It was not your resort--it was in Cabo.

3) Why doesn't the poster post?
I don't know.

Why the posting for them?

He sent me a private message and I felt his experience was worth sharing here to help others in similar situations.

4) As described, my understanding would be the entire membership of unsaid resort could get their money back? That'd shake things just a bit.
Yes, it would seem that way.

 

[buceo]

Well, I can answer a few of your questions since I posted for the person:

An thanks so much for moderating, excellent job, very much appreciated!

per #4 above

4) As described, my understanding would be the entire membership of unsaid resort could get their money back? That'd shake things just a bit.
Yes, it would seem that way.

That would be excellent, get a few (or a lot) of owners to go at this together like the OP did, wow.

 

[ajinscottsdale]

How to get out of a right to use contract in Mexico

Here is a letter in Spanish which allows you to cancel a "right to use" membership in Mexico. It also states that they resort can not share your information with anyone (like send you to collections) The letter references Mexican consumer protection laws - PROFECO You must send it in Spanish to the resort address on your contract.

(Your city and state, today's date)




Atención: (name of legal representative who signed the contract)
Apoderado Legal


Estimados señores:


Referente al Contrato de Prestación de Servicios de fecha date of purchase, (“El Contrato”), celebrado por y entre official name of company on the contract. (“El Prestador”), y your name (“El Usuario”), mismo que se anexa a la presente formando parte integral de la misma. (Anexo 1)

En relación con lo anterior y de conformidad con lo dispuesto en el artículo 71 de la Ley Federal de Protección al Consumidor y por medio de la presente, expresa y formalmente le notificamos que con efectos a partir de la recepción de la presente, se da por rescindido el Contrato de Prestación de Servicios de fecha date of your contract de forma inmediata y sin mediar responsabilidad legal y económica alguna para con “El usuario”.


Aunado a lo anterior, con fundamento en lo dispuesto por la Ley Federal de Proteccion de Datos Personales en Posesion de Particulares y su Reglamento, por medio de la presente vengo a ejercer mi derecho ARCO de ACCESO, CANCELACION Y OPOSICION, de mis datos personales que ustedes tienen en resguardo.

Sin otro particular por el momento, quedamos a sus órdenes para cualquier aclaración o duda en relación con lo anterior.


Atentamente,



_______________________
“El Usuario” (your signature)

Por: ___________________________
Nombre: (full name typed)

_______________________
“El Usuario” (your signature)

Por: ___________________________
Nombre: (full name typed)

 

[Karen G]

Here is a letter in Spanish which allows you to cancel a "right to use" membership in Mexico. It also states that they resort can not share your information with anyone (like send you to collections) The letter references Mexican consumer protection laws - PROFECO You must send it in Spanish to the resort address on your contract.

When you say this letter cancels a "right to use" membership, do you mean cancels it within the five days right of rescission? Or do you mean cancels the contract at any time the buyer wants to?

 

[Karen G]

This is how Google Translate translates this letter:


Attention: (name of legal representative who signed the contract)
Legal guardian


Dear Sirs:


Concerning the Servicing Agreement dated date of purchase, ("The Agreement"), entered into by and between official name of company on the contract. ("Lender"), and your name ("User"), the same is annexed hereto form an integral part thereof. (Annex 1)

In connection with the foregoing and in accordance with the provisions of Article 71 of the Federal Consumer Protection and hereby expressly and formally notified that with effect from receipt of this letter, is given by terminate the Servicing Agreement dated date of your contract immediately and without any economic and legal responsibility towards "User".


Added to this, based on the provisions of the Federal Law on Protection of Personal Data held by individuals and their Regulation by means of this come to exercise my right entrance arch, cancellation and opposition of my personal data you have to safeguard.

Without further for now, we remain at your disposal for any clarification or questions regarding the above.


Sincerely,



_______________________
"The User" (your signature)

By: ___________________________
Name: (full name typed)

_______________________
"The User" (your signature)

By: ___________________________
Name: (full name typed)

 

[Bobby_regrets]

I'm within the 5 day time period- Do I have a chance of getting my money back?

My wife and I went to Cancun Sunset World Lagoon resort. I didn't know it was a timeshare deal until too late, if I had known I wouldn't have gone. Anyways on the second day (Tuesday) we had the 3 hr breakfast, tour and then the high pressure talk with all sorts of promises. We'll buy it back after 3 years with a handsome profit for you, we'll sell you three weeks for the price of one, take back two weeks a year for marketing and pay you $1500 each for three years, etc. With both the salesman, my wife and the boss guy hounding me, I finally gave in- heck it was going to be practically free. A $9,000 deposit later we walked out the door.

I couldn't sleep for two nights but couldn't do anything about it because we were on tours. On the Thursday I decided to interview some members and see if the deal was true. Some were very happy with the resort but basically said don't count on any equity or other promises. Then my wife turned and asked what had I got us into?

So on Friday I wrote out a rescinding/cancelling letter as in the contract and marched over to see the sales rep. He met us downstairs and said we had signed an immediate activation and waived the 5 day cancellation period in the contract. There was nothing we could do. I remember the immediate start they "allowed us" to have to the glorious opportunities of the membership, but I don't remember signing away any rights. Funny it's the only thing I might have signed for which I don't have a copy.

That afternoon I found this and other sites and the PROFECO document, saying we can't sign our rights away. I then e-mailed the cancellation letter to the financial officer who signed the deal, noting PROFECO and how we should be able to cancel. I also e-mailed profeco using the e-mail on the brochure.

When we got home today (Monday) I sent off by UPS a cancellation letter to the domicile address in Cancun (cost of $76.00!) and contacted AMEX about the charges. According to my calculations I have until tomorrow before the five days are up. I have received no responses at all and either get left on hold at the resort end or get an error message when I try to leave a message.

Is there anything else I can do to try and get this money back? I contacted some lawyers today but they are asking up to $1500 US to help.

Any help or reassurances appreciated. This sure ruined the vacation and many more to come if we don't get back the money!

 

[Karen G]

Any help or reassurances appreciated. This sure ruined the vacation and many more to come if we don't get back the money!

You've done everything you can. Notify your credit card company and certainly notify Profeco if you don't get a prompt refund. You are within your rights of rescission. Hopefully you have proof that you mailed the rescission letter within the five business day period. Now just sit back and wait for that refund.

 

[Bobby_regrets]

I hope this works out

You've done everything you can. Notify your credit card company and certainly notify Profeco if you don't get a prompt refund. You are within your rights of rescission. Hopefully you have proof that you mailed the rescission letter within the five business day period. Now just sit back and wait for that refund.

Thanks for the reassurance. I notified AMEX and I have the UPS tracking number and receipt. There were about 4 addresses listed and I wasn't sure which one to use, so I used their Mexican "domicile" . I hope AMEX and Profeco support us on this. We have certainly learned our lesson and will be more careful in the future. I'll report back on any refund or progress. If they don't I will hit the review sites and post my experience.

 

[Passepartout]

The correct address has to be listed in your packet, but you can bet it isn't easy to find. Prolly down in that 2-point fine print.

Good Luck. We wish you well.

 

[Bobby_regrets]

Update:

After many e-mails to every address I could find, I received a call from the resort acknowledging receipt of the cancellation request. They now want to charge us full rack rate for our room ($120/day each, not including the all-inclusive fee that we paid) for our stay. A bit of a rip-off but better than the timeshare/right-to-use contract.

Light at the end of the tunnel and I'm starting to relax for the first time since the time share presentation. Now I feel like going on a holiday! (Especially since it's like -10F outside).

 

[Passepartout]

Update:

After many e-mails to every address I could find, I received a call from the resort acknowledging receipt of the cancellation request. They now want to charge us full rack rate for our room ($120/day each, not including the all-inclusive fee that we paid) for our stay.

As you say, better a short term sting than a long term heart ache. Write 'em back and say that you are overjoyed to find out ahead of time how they REALLY operate and that you are sure you'll never darken their door again.

Glad you found TUG. Welcome.

 

[Karen G]

Update:

After many e-mails to every address I could find, I received a call from the resort acknowledging receipt of the cancellation request. They now want to charge us full rack rate for our room ($120/day each, not including the all-inclusive fee that we paid) for our stay. A bit of a rip-off but better than the timeshare/right-to-use contract.

Light at the end of the tunnel and I'm starting to relax for the first time since the time share presentation. Now I feel like going on a holiday! (Especially since it's like -10F outside).

Did you pay for the room on your credit card? I think I'd dispute that added charge, maybe AFTER you get your money back on the timeshare presentation. There's no justification for changing the room rate now because I'll bet there's no written statement anywhere that says they'll charge more for the room if you don't buy the timeshare. If going to the presentation was a requirement for a special room rate, you met that requirement by attending the presentation.

 

[Bobby_regrets]

Yes we did have the stipulation about going to their 90-120 min talk, and that we wouldn't get sidetracked and attend any other presentations. We certainly lived up to that one. I'll send them the info tomorrow and copy AMEX, with whom we opened a dispute. It seems we signed a doc when we did the tour that read 'this letter is to inform what we are providing you accommodation as you became a new member for 6 days at Sunset marina.' I didn't think much about it as we had already paid for the darn accommodation.

The TUG resource is great- unfortunately I was so busy before heading off on this vacation I didn't have time to do much research. Next vacation I'll search here first for rental accommodations and reviews.

 

[FamilyMan]

It's almost over

We were successful in rescinding our timeshare with Westin in Cancun (see page 8 of this thread for my story)... well, it's now been a year we are still monitoring our credit card and hoping nothing else will go wrong.

Here's my story... continued.

After getting our refund, we thought that was over and we were in the clear. But to our surprise, our credit card was being charged for unauthorized transactions coming from Mexico. We don't live there and haven't been back yet. Our credit card company notified us of the charges and luckily we were able to remove them. I'm disappointed by the whole situation and it is very likely that my card information (which i only used for the timeshare) was somehow shared or fallen into the wrong hands.

We have since signed up for credit monitoring services with Canadian credit bureaus to keep track of our credit profile. For Canadians, we used Credit Reports Canada to obtain our report. I'm not sure what it is for U.S. but I'm sure you can Google it. We have closed our credit card and got a new one and now can sleep much better knowing nothing new can be charged on our credit card.

Based on my experience, I would like to just let readers know that even though you may have been successful in getting your refund, keep an eye on your credit card and credit history. We had unauthorized charges and also someone was applying for new credit in Mexico using our information. This showed up on the credit report.

After receiving our refund, we should have called MasterCard and asked for a new card. That way, no one can process any charges under the old credit card number without our consent. Anyhow, best of luck to everyone who is trying to rescind a contract.

 

[katev]

Fighting Back Pueblo Bonito Sunset Beach

I too was suckered/pressured into buying. I put a deposit down of $5K and now I'm stuck. Will try to cancel the contract but since I found all these information after my 5th day, then they get to keep the money as liquidated damages.

I have created a closed group in facebook:

Pueblo Bonito Sunset Beach Timeshare Scams Facebook Group

If you are interested in joining and fighting back, look it up.

Facebook is powerful and hopefully this gets their attention.

 

[Passepartout]

I too was suckered/pressured into buying. I put a deposit down of $5K and now I'm stuck. Will try to cancel the contract but since I found all these information after my 5th day, then they get to keep the money as liquidated damages.

I have created a closed group in facebook:

Pueblo Bonito Sunset Beach Timeshare Scams Facebook Group

If you are interested in joining and fighting back, look it up.

Facebook is powerful and hopefully this gets their attention.

Good luck. You might have more success, though, appealing your purchase to Profeco. Search or look above for their address. Others have had success rescinding late by getting them involved.

Pressure and intimidation is how Mexican timeshares are marketed. You are not the first, nor will you be the last person who saw value in owning the right to use one. Many TUG members made their first purchase from a developer before discovering TUG. If it turns out you are not able to rescind, come back and learn how to make the best use of what you bought.

Welcome to TUG.

 

[Karen G]

Good luck. You might have more success, though, appealing your purchase to Profeco. Search or look above for their address.

You'll find a link to Profecto in the first post of this very long thread.

 

[katev]

Good luck. You might have more success, though, appealing your purchase to Profeco. Search or look above for their address. Others have had success rescinding late by getting them involved.

Pressure and intimidation is how Mexican timeshares are marketed. You are not the first, nor will you be the last person who saw value in owning the right to use one. Many TUG members made their first purchase from a developer before discovering TUG. If it turns out you are not able to rescind, come back and learn how to make the best use of what you bought.

Welcome to TUG.

Thanks! I did reach out to them and they promptly replied but told me that under Mexican law I can't do much after 5 days to get my deposit back, but they can help me get out of the contract. It's too bad, I loved the resort, but it has left such a bad taste in my mouth that I may never go back.

 

[Ontario]

I received an email Friday from Profeco. They have filed a complaint against Sunset & are scheduled to meet on our behalf as of April 24, 2012.

I have blocked the financial advisor's email address from sending anymore emails to me. I figured I would start being contacted by someone else by now, but it has been 3 quiet & peaceful weeks since I have heard anything from them. I still figure that I will hear something from someone with Sunset soon, but I have been so thankful for this time they have left us alone! Also, I just contacted our credit card company that issued us the chargeback for the amount Sunset charged us at the signing of the contract. I am so excited because Sunset never appealed our dispute with the charges. Sunset had 60 days to file an appeal with our credit card company and they didn't! That means that our chargeback is final & Sunset can not get that money :whoopie: I just had our card information changed so that they can't try to charge anything else to it in the future.

This is all I have to update at this time.

Hello, Could you please provide an update to your case? I have the similar situation like yours with the Sunset Group. Please advise as what your next step.....thanks in advance.....

 

[Ontario]

Hello Karen G would you kindly post the Article 86 in englisg as well as Article 86 in Spanish? I could not find the article 86 in spanish to see what are the different? Thanks in advance...

 

[Passepartout]

RE: tdjo1978 Hello, Could you please provide an update to your case? I have the similar situation like yours with the Sunset Group. Please advise as what your next step.....thanks in advance.....

You are asking an answer to a thread over 1 1/2 yeas old, of a poster who hasn't been on TUG for 14 months. Perhaps if you click on their blue username and send them an email you'd have better results.

Best wishes on your 'similar situation'.

Jim

 

[Karen G]

Hello Karen G would you kindly post the Article 86 in englisg as well as Article 86 in Spanish? I could not find the article 86 in spanish to see what are the different? Thanks in advance...

I'm not sure what you are referring to, but you can always copy and paste something into Google translate for a translation from one language to another. Click here to try it.

 

[Ontario]

Thanks to both Passepartout and Karen G. I wish I have discovered this educated timeshare forum before I made the stupiest decision of buying into the tiemshare scam. I really feel so ashamed and embarrassed about what I did.

 

[Passepartout]

Thanks to both Passepartout and Karen G. I wish I have discovered this educated timeshare forum before I made the stupiest decision of buying into the tiemshare scam. I really feel so ashamed and embarrassed about what I did.

Don't beat yourself up too badly over this. I'd estimate that many, if not most TUGgers bought their first timeshare from a developer. Some have even bought subsequent ones that way.

Now that you've found us, you might as well stick around and learn how to use what you own, where to go, how to rent it if you want to. We're generally a pretty friendly bunch- except a few old grouches and leg-pullers.

Don't be a stranger.

Jim