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

[am1]

Not quite on topic but do you guys think that the recission period actually hurts prosective buyers more than it helps. Salesmen says you have 5 days to cancel if your not interested. That gets more people to purchase as they can "cancel" if they want. Like rebates retails stores offer to get people to buy when they know only a low % will actually jump through the hoops.

 

[Tropical lady]

Interesting thought....."impact of right to rescind"

AM1, you brought up an interesting topic. Perhaps this should be a new thread with a different title such as "the impact of right to rescind" since the topic covers all time shares.
My husband and I would not have even entertained the possibility of buying the first time if there was not a time period to rescind. In fact, that was the first question we asked and wanted to see where it was written before we went through the presentation. Up to that time, the t/s concept was not of interest to us plus we were very skeptical. Soooooo, we would not have bought initially or done subsequent upgrades without a way out.
I can see your point about having that ability to rescind and that maybe more people buy and don't exercise it. If it was not there then many more would not even do the purchase. Interesting!!

 

[scammedtoo]

Pueblo Bonito

I bought a Timeshare from Pueblo Bonito on 1/24/2011 for almost $12,000 and cancelled within the 5 days. Initially it was hard to get them to respond, but it eventually worked out.

Although I had to do a lot of writing email back forth and send the certified mail, I am happy to say that they honored my wishes and cancelled the contract and as of today, my balance is zero!! I closed that credit card account asap. It was the BOA RCI card that they opened up at the resort. I am now waiting for the official cancellation letter which they say they've mailed out and can take up to 6 weeks (which I thought was ridiculous), but regardless, they've said it in an email so I'm not worried.

My suggestion is to follow the advise that MESCAM gives www.mescam.com. I used their sample letter and I actually think that helped out. You can contact me if you have questions.

 

[Karen G]

My suggestion is to follow the advise that MESCAM gives www.mescam.com. I used their sample letter and I actually think that helped out.

Thanks for that link. There is excellent advice at that website. I especially liked the suggestion to take your video camera with you when you go to the sales office to rescind your contract. Video tape the whole transaction for further proof that your rescinded within the five-day period. Of course, keeping a copy of your rescission letter and insisting that someone in the office sign it and date it before you leave is a must.

So glad to hear that you were able to rescind and get your deposit back.

 

[Vera V Christopher]

To Rescind A Contract With The Grupo Mayan Has Been A Nightmare, Should Not Attend



There has been talk of rescinding a contract with the Grupo Mayan. From my perspective when I went there in person they did not want to hear of it. The fact that it is written on paper in your contract makes no difference to them! They are not going to honour it either way. The fact that they eventually cancelled the contract was due to pressure on them through the internet. The theory and the practice are two separate issues concerning the Grupo Mayan. The reception is totally unwelcoming and non supportive.

I think that the legal muscle of the courts to enforce the law is very "flabby". How else would you explain the complete indifference that you are met with when you wish to rescind within the given five day period? Any one who says that it is easy is not telling the truth at all. I have been there and seen how it is.....they are quick to take your money but not to act lawfully!

That has been my experience!

 

[DeniseM]

I think that the legal muscle of the courts to enforce the law is very "flabby".

You do realize that you are talking about "the law" in Mexico and not in the UK or the US? Mexico is practically a 3rd world country and no, one cannot depend on the protection of the law there. Maybe in the UK you don't hear much about Mexico, but they are in the middle of a drug war and they don't seem to be on the winning side.

I have no doubt that you were ripped off, but expecting the protection of the law in Mexico is pretty naive. Your best bet is to come to a private agreement with Grupo Mayan.

 

[Tropical lady]

enough!!!

Vera,
You have ranted about your experiences enough through several threads. We get it!! For those of us who have not experienced your presentation...we get it. There are many of us who fortunatly, by luck, the stars, or whatever, enjoy this resort. I am not discounting that you have had a negative experience....I GET IT and am trying to sympathize. But if you have read some of the feedback you have got to realize that what you post goes beyond the realm of reasonable. They do not hide in Mexico...they are there. They do give you means to communicate. They do not surround you and sing in a chorus. They do not drug you....did your friend have a problem? Friends have rescinded their contracts and renogiated without a problem, and my husband and myself too. A positive...you were impressed with the toilets. We have tapdanced around your posts being nice, informative and offering support. I ( not speaking for anyone else) think it is time to say enough. I do wish you well and hope you come to a resolution.
Please be clear.....I am not inferring that you did not have a problem, misunderstood what you bought, or delibertly were mislead. I DO know that your contract is honored and that they do work with you to make sure that what you thought you bought is in the contract. Please be clear that I do know that there is a pressured sales presentation and do not condone this, but at some time we do have to take responsibility for our decisions and resulting actions. Regards and hope this comes to a resolution.

 

[Howardfox]

Terry thanks for this. Some of the "legal services" sound like real ambulance chasers, and I wonder about how much we can legally do for ourselves if we have the rights. Can we go it alone, do you think?

 

[Karen G]

Terry thanks for this.

Who is Terry?

Note to Howard: We don't appreciate scammers who pose as newcomers looking for information. That wouldn't be you, would it?

 

[Howardfox]

Karen - From my experience of other forums, moderators like people to post and get involved. If you don't like my posts, I guess I should just read and not speak!

I thought I was replying to a post by someone called Terry - maybe my incompetence there will demonstrate I am a learner, not some undercover professional.

I'm glad I didn't already pay the 15 Dollars.

 

[Karen G]

Karen - From my experience of other forums, moderators like people to post and get involved.

We like that here, too, and everyone is welcome to post and get involved as long as they adhere to TUG posting rules.

 

[Vera V Christopher]

Surrounded By Grupo Mayan Reps And "chanted At" As We Were One Of Last To Leave!

Vera,
You have ranted about your experiences enough through several threads. We get it!! For those of us who have not experienced your presentation...we get it. There are many of us who fortunatly, by luck, the stars, or whatever, enjoy this resort. I am not discounting that you have had a negative experience....I GET IT and am trying to sympathize. But if you have read some of the feedback you have got to realize that what you post goes beyond the realm of reasonable. They do not hide in Mexico...they are there. They do give you means to communicate. They do not surround you and sing in a chorus. They do not drug you....did your friend have a problem? Friends have rescinded their contracts and renogiated without a problem, and my husband and myself too. A positive...you were impressed with the toilets. We have tapdanced around your posts being nice, informative and offering support. I ( not speaking for anyone else) think it is time to say enough. I do wish you well and hope you come to a resolution.
Please be clear.....I am not inferring that you did not have a problem, misunderstood what you bought, or delibertly were mislead. I DO know that your contract is honored and that they do work with you to make sure that what you thought you bought is in the contract. Please be clear that I do know that there is a pressured sales presentation and do not condone this, but at some time we do have to take responsibility for our decisions and resulting actions. Regards and hope this comes to a resolution.

Oh, yes, it did happen. We were one of the last people to leave the glass auditorium and we were "chanted at" metaphorically speaking. We were surrounded by about five reps all eager to "finish the deal of the century". They were practically chanting in unison, watching my eyelids shut! This did actually happened! That is "pressure" alright. That is real pressure!!!! Why would that be so, so "impossible" bearing in mind that they are very "cheeky" to put it mildly, as they say here in the UK. Perhaps I did expect a lot from Mexican law but being that they are a business there I expected them not to go against the laws in such a flagrant manner! It was definitely a "culture shock". A big one! I realised that the law is very feeble there and that the larger companies are taking the stand that THEY ARE THE LAW. This takes some getting used to coming from Western Europe or the States. As I lived in North America also. Well as you say across the pond "It just ain't right, man!"

Are you being absolutely reasonable about this? I did not say that the Mayan Palace was not exotic in many ways, because it is....and the pools are fantastic, and the little buggies, and the clocks at every bus stop, and the buildings are impressive, it is a real ivory tower. The beach was not the best, as you might be aware, there are rocks on it and it is not a normal kind of "exotic" beach scene. But the rest of it reminded me a little of Disneyland, it has a holiday atmosphere and the gardens are extremely well kept! I am not decrying that at all. That is why the visitor cannot fail to be impressed, and if he should use their washroom he will be "flabergasted", as they say here, to see such "supersonic" toilets!!! Very twenty first century in every way. I don't recall if they are like that in the apartments but certainly in the main building you will be very surprised at the level of hygiene and advanced facilities! No denying it. However the sales pressure and what is more serious the lies are devastatingly manipulative to gain the interest of the potential buyer who will soon see that they are blatant lies and nothing more within hours or sooner of leaving the glass auditorium! Lovely as the surroundings are and do not forget those exotic birds in the tall trees where the restaurant is, what a view!!!! I shall always picture that view. It was really something. Mexico has a very beautiful natural beauty, no doubt about it. And the wild turkey roaming around are just lovely to see!! Those rather large, black, awkward birds are very charming. But the downside is the dishonesty of the reps and the way that they are encouraged to say whatever it is that your ears like to hear!!!regardless of the accuracy of what they are saying.

And as you know, there are many disgruntled, unhappy customers of the Mayan who fill the websites daily with similar complaints, related mostly to the presentations and negotiations during which they were told lies and later identified them as such, but the deal had been struck and there was no getting out. I do see that some have been retracted, the statements, that is, so I assume that some of these grievances are resolved in the end. Perhaps this amalgamation with the Wyndham will make a difference. Let us hope so! It just needn't be that aggressively dishonest! Honesty is by far the best policy in the end! Wouldn't you agree?!

 

[barbiebonita]

Howard was thanking Terry 'TacoTerry' post #18 right?

TacoTerry or Scammedtoo.
Can you please tell me how did the Gonzales and Gonzales Law Firm work out?
I never saw what happened with TacoTerry but Scammedtoo cancelled; did Gonzales and Gonzales bill you - even though it seemed you got out of the deal on your own? Please let me know. I have friends in a jam and they need a good lawyer, I see todays report on the complaintsboard.com and it seems not too good, I have asked questions there too.

http://www.complaintsboard.com/complaints/ambulance-chasing-c428940.html

Please tell.

Barbara

 

[DeniseM]

Gonzales & Gonzales is a Mexican firm - if you have problems with them, you won't have the protection of American law. They applied to advertise on TUG, and were turned down, because they charge an upfront fee. Later, they claimed they changed their policy, but people who have been contacted by them said that isn't true - they still charge an upfront fee.

 

[barbiebonita]

Does anyone know for sure?

Thank you Denise,

Who said this about Gonzales and Gonzales........re. charging upfront fees ???
Because on their website it clearly says



"100% Cancellation rate for timeshare scam. Service guaranteed"

"100% Contingency basis guarantee." That means you DO NOT PAY unless you get results.

Miguel Garcia from Spain says he has seen a copy of their contract, I have asked him if he has still got it.

Does anyone have a copy of their contract?

Any info is welcome

Barbara

 

[barbiebonita]

The Contract Gonzalez and Gonzalez

Hi Everyone,

I have been in contact with Miguel Garcia form the complaintsboard.com and his wife 'Jane' has expanded on his complaint and now uploaded the Gonzalez and Gonzalez contract which does seem to prove their point. Jane says she is going to join TUG and tell all. This whole thing seems to be a can of worms.

http://www.complaintsboard.com/complaints/mexican-timeshare-solutions--scammers-c429449.html look at point #4

Barbara

 

[DeniseM]

Point #4 on the G& G Contract states that there is a retainer fee of $899. Clearly- that's an upfront fee.

 

[siesta]

Point #4 on the G& G Contract states that there is a retainer fee of $899. Clearly- that's an upfront fee.

there is nothing unusual about an attorney requesting a retainer, and usually that request will be accompanied by a retainer letter explaining the terms and conditions related to the retainer. But this attorney specifically claims to work on a contingency basis, in which case he wouldn't be asking for a retainer.

100% Contingency basis guarantee

 

[barbiebonita]

Denise is right !!!!!

Look at that contract....................... the non refundable retainer is to be paid thru Paypal !!!!!!!!! and those offices don't look very legal.
Again anyone, especially TacoTerry or Scammedtoo do you have anything to update ????
Barbara

 

[Karen G]

L
Again anyone, especially Terrytaco or Scammedtoo do you have anything to update ????

The quickest way to contact a poster is to click on their name and send an email or private message. If they aren't monitoring this thread, they may never see your post.

 

[DeniseM]

there is nothing unusual about an attorney requesting a retainer, and usually that request will be accompanied by a retainer letter explaining the terms and conditions related to the retainer. But this attorney specifically claims to work on a contingency basis, in which case he wouldn't be asking for a retainer.

Siesta - Did you look at the contract that was linked in the post above?

It states that there IS an $899 retainer - however, G & G has posted on TUG recently, stating that they don't charge an upfront fee of any kind.

I know you are an attorney - but G & G is located in Mexico - not the US - would YOU pay them and $899 upfront fee?

 

[barbiebonita]

Siesta Do you use PAYPAL to get paid?

I think Paypal is very suspect, and those offices, why would a retainer be non refundable if service is 100% guaranteed. With all due respect as the moderator says you yourself are a lawyer, does this make any kind of sense ?

Barbara

 

[DeniseM]

Barbie - For some things, Paypal is fine, but it's an odd way to pay an attorney.

 

[siesta]

denise, if you re-read my post, you will realize that I agree with your hunch.

 

[barbiebonita]

Denise you are right it is odd and PROHIBITED !!

Denise, I just checked Paypal's prohibited use check point 4. PROFECO IS A GOVERNMENT AGENCY
You always say NEVER PAY UPFRONT and you are right !!!!!!

Denise for President !!!!!!!

Thx

Barbara

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