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

[Ontario]

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

We are filing a complaint with PROFECO, still awaiting for their response. I am not really sure how long this would take for PROFECO to resolve this problem. We sent our complaint on July 22/13.

 

[Ontario]

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.

Hello Katev, any updates on your case?

 

[Ontario]

Hello All, need some helps on the following:

We received email from the membership services Department. They said that we have signed the " Instant Activation Request".

She sent me this from Mexican law:
ARTICLE 56.- The contract shall be perfected five business days from the delivery of the good sold or the signing of the contract, whichever comes later. During such term, the consumer shall be entitled to revoke his consent, without any liability whatsoever. 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. The revocation made pursuant this article shall render the transaction null and void, and the supplier shall reimburse the price paid to the consumer. In this case, the freight and insurance costs shall be borne by the consumer. With respect to services, the above shall not apply if the date when the service is rendered is within ten business days or less from the date of the purchase order. She states that this last sentence refers to the form we signed while being transferred to the new resort. She says that this DOES waive the right for us to cancel our contract because we received services of the club.

We don't have a copy of this document in our package. And then when we requested for that document, they were able to produce that document and emailed us that signed document.

Are we bound by this "Instant Activation Request"? We did rescind our contract within 5 business day according to PROFECO.

 

[Passepartout]

PROFECO will tell you that you CANNOT waive the right to rescind. Inform the weasels that you know that and to continue the rescission. Notify PROFECO of their tactic.

Good Luck!

ETA: What they gave you by upgrading your unit was a perk. A gift for attending their presentation. If they want to call it something else, it's a lie, just like the rest.

 

[Bobby_regrets]

Indeed they tried that with us as well, exactly the same form. You cannot waive your right to rescind. Just ignore it. They will then say you need to pay the full rack rate of the hotel at an outrageous rate. Did you pay by credit card? Get a dispute going, send the card company the information and then wait three months. We eventually got all the money credited back to the card. The card company puts the charges on hold until the dispute is settled.

 

[Ontario]

Indeed they tried that with us as well, exactly the same form. You cannot waive your right to rescind. Just ignore it. They will then say you need to pay the full rack rate of the hotel at an outrageous rate. Did you pay by credit card? Get a dispute going, send the card company the information and then wait three months. We eventually got all the money credited back to the card. The card company puts the charges on hold until the dispute is settled.

We filed a dispute with both VISA and MC and still awaiting for their response. That was in July 2013. How long did you wait to get your refund from your credit card company? How long did you wait to get your contract cancelled? did you get a signed copy of your cancellation?

 

[Ontario]

I remembered from Karen G (Dec 13, 2011) mentioned, and I quote "It sounds like their attempt to get around the Mexican law that pertains specifically to the sale of a timeshare. They were selling you the right to use a timeshare property for a specific number of years--not a one-time stay at a hotel. Stick to your guns here. You rescinded within the legally specified time period. Keep reiterating this to them and don't let them wear you down. Follow through with Profeco. Dispute the charge with your credit card". And I quote from Karen G "I assume your contract was for the right to use the timeshare for a given number of years. You didn't receive that service, therefore this part of the law doesn't apply to you". Karen G, May I please have your permission to use these phrases to email the membership services Department?

 

[Ontario]

PROFECO will tell you that you CANNOT waive the right to rescind. Inform the weasels that you know that and to continue the rescission. Notify PROFECO of their tactic.

Good Luck!

ETA: What they gave you by upgrading your unit was a perk. A gift for attending their presentation. If they want to call it something else, it's a lie, just like the rest.

Thanks Passpartout...I'll keep you posted....

 

[Terry Lee]

Why didn't I find this site before attending a Grand Mayan presentation??!!

This is to advise that the complaint has been satisfactorily resolved.

Thank you!!

 

[mikenk]

I would like to simplify your recommendations a bit based on many timeshare experiences in Mexico and elsewhere( including the dreaded Grand Mayan ones).

First, recognize that all timeshare sales people have a fundamental problem; they are selling a product that has very little value for a big price. If you don't know that or know what you can buy the same unit on the resale market, then don't go to any timeshare presentation.

Second, your current timeshare has very little value - most likely none at all. If you are not aware of that fact, don't go to any timeshare sales presentation as they will prey on your ignorance.

Third, I agree with you here, don't go to any sales anywhere without your own mode of transportation.

Fourth, The contract rules (not words) in any business transaction anywhere in the world. If you don't understand that, then don't go to any business transactional meeting. Believing a sales person that they will guarantee something that is not written in the contract is as much on you as on them. Shame on them for lying; shame on you for believing.

fifth, if you do go to the presentation, remember you are in complete control for five days. What they put in the contract is binding on them - not you. You are free to change, negotiate, and rescind during that time - BUT YOU HAVE TO BE WILLING TO READ THE CONTRACT AND ACT.

The bottom line: knowledge will always defeat timeshare sales people. If you are not willing to learn and use it, stay away.

Mike

 

[Terry Lee]

This is to advise that the complaint has been satisfactorily resolved.

 

[rniver]

My wife and I signed a contract with Grand Miramar in Puero Vallarta and subsequently decided to cancel it because we determined that the entire agreement was most likely a scam.

In return for us purchasing five weeks from them, Grand Miramar promised to resell several timeshares we already owned at a significant profit to us. They also promised us a stream of guaranteed income for ten years by remarketing our Grand Miramar weeks. We later discovered that they had made similar promises to many other purchasers, but have never delivered. Once we learned about this history of unfulfilled guarantees, we decided to cancel the agreement as quickly as possible.

We acted within 5 business days and went through a cancellation process that involved Grand Miramar, Mexico’s Consumer Protection office (Profeco), and our credit card provider. We procured a legal order from the Profeco to rescind the contract and have received a full credit on our Visa card.

While still in Puerto Vallarta, visit the Profeco office at Avenida Francisco Villa 900. Col. Las Gaviotas. They have a dedicated lawyer on staff between 10:00am and 2:00pm weekdays to assist you. The legal counsel we spoke with, Gabriella Gonzales, was extremely helpful. Just be persistent.

The Profeco has a dedicated office to assist non-Mexicans who are already outside the country, the Conciliation a Extranjeros. You can reach them by email at extranjeros@profeco.gob.mx or by phone at one of the following numbers:
(0155) 52 11 17 23,
(0155) 56 25 67 00,
(01 800) 46 88 722

 

[Karen G]

We acted within 5 business days and went through a cancellation process that involved Grand Miramar, Mexico’s Consumer Protection office (Profeco), and our credit card provider. We procured a legal order from the Profeco to rescind the contract and have received a full credit on our Visa card.

Thanks so much for your post. Glad you were successful.

 

[Passepartout]

The above post- or at least the phone contacts to Profeco should be prominently posted. Many TUGgers and new visitors to the site could benefit.

Jim

 

[Karen G]

The above post- or at least the phone contacts to Profeco should be prominently posted. Many TUGgers and new visitors to the site could benefit.

Jim

Good suggestion, Jim. I've put a note in the first post of this long thread directing people to the above post.

 

[Ontario]

Thanks Passpartout...I'll keep you posted....

Just want to let you know the updates for my case. We filed a dispute with credit card company and finally we were successfully have our money refunded. Going forward from here, just wonder if we should worry about this Timeshare company from Cancun is going to threathen us with anything.....Any suggestions....would be helpful...

 

[Passepartout]

Just want to let you know the updates for my case. We filed a dispute with credit card company and finally we were successfully have our money refunded. Going forward from here, just wonder if we should worry about this Timeshare company from Cancun is going to threathen us with anything.....Any suggestions....would be helpful...

This is a great update. We're glad you got your money refunded. As to any retribution against you, Don't worry about it. They have moved on to the next victim by now. On the other hand, next time you are in Cancun, don't go to a presentation at this TS. Or preferably at ANY TS. And get yourself a TUG T-shirt from http://www.cafepress.com/timeshare and wear it proudly. Take a Magic Marker and write "TUG saved me $XX,XXX" on the back in bold letters.

Thanks again for the update.

Jim

 

[Tropical lady]

Profeco is at airport!

I have not seen this mentioned before........
Upon leaving PVR Dec 20th, just across from the ticket counters, I noticed a Profeco office set up, a large sign, and they were taking pictures, as if it was opening. I meant to go and check it out, but did not.
Does anyone kow for sure that you have access to them in person at the airport?

 

[melliemel112]

Only regret in life

Someone please help! This may be a day late and a dollar short but in 2011 I signed up for a timeshare with Occidental. By their wheeling and dealing I bought into the "if you forgo the timeframe of the X amount of days to decide not to stay with your contract, we'll include...blah, blah, blah". I've never used it, probably won't be able to and this is a HUGE regret of mine. I want to just stop paying. But I know that is not the answer. What kind of recourse do I even have?

Please help!

 

[LannyPC]

Someone please help!... I want to just stop paying. But I know that is not the answer. What kind of recourse do I even have?

First of all, there are many here on TUG who are in a situation like yours where we fell for the glitz and glamour of a sales presentation and believed everything the sales person(s) told us hook, line, and sinker.

Here is an article about defaulting on your maintenance fees:

http://tug2.net/timeshare_advice/stop_paying_for_timeshare.html

You can also try contacting Profeco.

One thing to watch out for now is all the scams aimed at TS owners, especially ones of Mexican TSs. They will probably phone you constantly with great-sounding offers (eg., sell your timeshare for megabucks; cancel your mortgage; cancel your TS contract, etc.) if you pay them an upfront fee.

Don't fall for these because they are almost always scams.

Another possibility is to contact they resort personally and see if you can work out an amicable solution to end your TS agreement. There have been a number here on TUG who have reported success in doing that provided they remove any posts they may have made in public forums like this one.

The other piece of advice we give to people in situations like yours is to learn how to "make lemonade out of lemons". When you were at the presentation, you probably saw something good out of your purchase such as the ability to exchange and lodge in TSs (as opposed to motel rooms or guest houses) in other parts of the world. Keep looking and lurking here on TUG to find advice how to make best use of what you purchased.

 

[lmbowling]

I have also been to PB Emerald Bay presentation and it was very low key...actually almost too low key..I have no clue how they sell any. It is a lovely resort though and we may have bought had a little more umph been put in.....maybe a fractional or even fT owership, either way worked out for best!

We just got back from PB Emerald Bay and I emphatically agree - this was the softest sell of any timeshare presentation I have ever been to. And we LOVED the resort. Might easily have considered a fractional!

 

[indyjuli]

Terry, Were you succesfully able to rescind your timeshare in Mexico? I bought in May and made a terrible mistake. Can you offer any help or refer me to someone?

Camelot

 

[Passepartout]

Looking at your other posts since you found TUG, it appears that you bought a Mexican timeshare, and that you've gone past the legally required rescission period. And now you want out. How am I doing so far?

I really wish I had better news for you, but here it is. You probably are the proud new owner of the use of a week in a nice timeshare condo, and the obligation of the fees that go with it. It is very likely that it has little resale value, and that the resort won't let you just cancel without turning you over to collection and threatening to ruin your credit.

Many, if not most TUGgers found us the same way, and some even bought more weeks from developers. I think you saw value in what you saw at that presentation. So at this point, the thing to do is to learn how to use it for the great vacations and getaways that it can give you. Don't beat yourself up.

Welcome to TUG.

Jim

 

[indyjuli]

Jim,
The sales pitch at the Mayan was deceitful and unfortunately I fell prey to their unethical sales practices. I was given a trade in value for my time share to use to offset the cost. They pulled out the maintenance fee sheet to illustrate how much a person is paying for a life time of fees. Yet, they don't discuss how the $570 fee is really a maintenance fee in disguise. They told me that my Palm Springs TC time share was only rated a 2 on a scale of 5 for all time shares. What did that really mean? They kept bringing up the class action suit from RCI..... as a means for people to learn about it by attending their presentation. So, how would this knowledge really help me? Then they give me a year of RCI... huh? I couldn't afford 2 units and the kitchen so they came back with the studio (no kitchen) and then began crunching numbers.

So much information was being thrown at me and I was trying to understand and process it in a limited time. Plus, I was tired of being there for over 4 hours. When I was told them that I needed a day to think about it, they said, oh no we can't do this. I was having a difficult time understanding the one week for 10 years, and then 2 more units for another 100 years? Then add in the rental off $1,000 for my unit to help offset the balance of the purchase. How do I know that this studio is guaranteed to rent? I also was told that golfers want to pay big bucks to stay at this resort and that I could not stay there for a few years so that my unit could be rented to this big spenders? Plus add in VIDA and all their rules.. How could anyone possibly understand all this in such a short period and by myself??

Granted, I feel scammed and taken advantage of like so many of you. It is certainly not a good feeling. I feel sick to my stomach as I keep researching all the scams here. I found TUG after my 5 day rescindence period. I want out of my contract. I left a message with the resort today and am waiting for a call back. Do I have any recourse? Can I get my deposit back? I haven't started the monthly payments yet and don't want to pay them.

Can anyone help me get out of a contract that went wrong? I am using this forum for support and advice. I left the sales people bully me and I have learned a life lesson.

Why did I let the pressure get the best of me? When something sounds too good to be true, this should have been a BIG red flag.

If someone could please give me some sound advise on how to end this contract or fight it, I would greatly appreciate your help. Sick to my stomach, in California....

 

[Karen G]

indyjuli, I feel your pain. So many people have posted on TUG with similar stories. Go back to the first post in this thread and click on the contact info for Profeco, the Mexican consumer protection agency. You have nothing to lose by contacting them, especially if you feel there was fraud involved in your contract.

Somewhere in this thread is a contact number for the Vida group customer service dept. and some have reported a resolution to their problems through that dept.

I hope you can find some relief.