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

[FloridaGuy]

I will remind them of that, Does anyone know how the credit card handles the dispute? I sent them the entire Profeco package, but when I call their representative they won't give me the direct contact to the dispute person(s) handling the claim. They told me to wait until the 15 day refund period ( knowing nothing was gonna happen) expired before I disputed it and said the amount will be held in abeyance. They did say that timeshare is handled "differently" than a normal dispute. It seems that, in general, they have no idea of the 5 day law in mexico or the way these are handled based on past disputes.

 

[geist1223]

Concerning cancelling within 5 Business days in Mexico. Saturday counts as a Business day. Sunday is not a business day. We found this out several years ago when we got help from some locals in Cabo in cancelling a timeshare purchase from Grand Mayan. They also helped us find a Notary to have our signatures Notarized. Notary not required but made it more business like and professional.

 

[FloridaGuy]

I just got the cancellation email and refund slip from FAVC yesterday. Thank you for the advice posted on this board. Profeco is a must! They tried to use the "gift" form but you never get a copy of that in your package. When I called the Orlando office I simply told him I thought this form was illegal and requested it to be presented to me. One week later I get the cancellation confirmation and refund receipt. I presented a cancellation letter in person with a Hotel Staff witness AND mailed a copy via signature receipt to the address listed in the contract. I think doing both helped make it a good slam dunk. Feb 14th was cancellation date, got the cancellation 4/10, waiting for the deposit. Profeco has yet to give me a date, but I will contact them to drop complaint after I see deposit. BTW...the club emailed Profeco the cancellation email and receipt! Thank all of you

 

[Karen G]

I just got the cancellation email and refund slip from FAVC yesterday. Thank you for the advice posted on this board. Profeco is a must! They tried to use the "gift" form but you never get a copy of that in your package. When I called the Orlando office I simply told him I thought this form was illegal and requested it to be presented to me. One week later I get the cancellation confirmation and refund receipt. I presented a cancellation letter in person with a Hotel Staff witness AND mailed a copy via signature receipt to the address listed in the contract. I think doing both helped make it a good slam dunk. Feb 14th was cancellation date, got the cancellation 4/10, waiting for the deposit. Profeco has yet to give me a date, but I will contact them to drop complaint after I see deposit. BTW...the club emailed Profeco the cancellation email and receipt! Thank all of you

Thanks so much for letting us know! So happy for you!

 

[Cbagmon]

Hi all I need help with rescinding our Sirenis Premium Travellers membership. Me and my husband travelled to mexico for the first time for our anniversary just last week. Long story short we were sucked into buying into a Bronze Package travel membership (trial) on aug 18th,2017 and made a dp. I guess we were on a vacation high that day and forgot to THINK!!! The next day we realized we made a mistake and attempted to cancel as we knew we had 5 business days under PROFECO. However when we met with Sirenis travellers personell she basically told us we signed a contract waiving our right to cancel. We asked for a copy of this waiver but she adamantly refused. She also told us their "director" isnt onsite and she couldnt do anything more. We were leaving that same day too and didnt have time to resolve the matter personally so we gave her a written rescission letter signed and dated. We also emailed our cancellation request to their member care executive over the weekend- thankfully, he emailed us back today Aug 21 and acknowledged receipt of the request and said he will let staff know of our request and update us via email. What more can we do at this point??? Do we have a chance at cancellation and/or refund of dp ($2450 CAD)...... thanks in advance!!

 

[LannyPC]

First of all (and this is just a nitpicking of terms), it's not PROFECO that gives you five days to rescind. That is your right under Mexican Law.

As for your rescission request, they might honour it. It doesn't hurt to try. Hopefully they will follow through and update you (even though they are not required to do so) and even more hopefully, they will rescind your purchase.

Whether they do or do not, don't go seeking out the "help" of these shady companies that promise to cancel your mortgage, end your timeshare agreement, sue the sales person, etc., because they will charge you a hefty fee and might not even accomplish what they promised. Also, if they do not honour it, then you have a hefty decision to make. Do you pay off the mortgage and use what you have? Or do you default, cut your losses, and let them keep the $2450?

I don't know how much you have left to pay after the $2450 but, whatever it is, that is probably way more than what this package you are buying is worth. IOW, do you pay, say $5000, to keep a product that is worth about $1000?

 

[Karen G]

. . . she basically told us we signed a contract waiving our right to cancel. We asked for a copy of this waiver but she adamantly refused.

The lady was trying to mislead you as you have five days according to Mexican law in which to rescind your purchase, and you did so by notifying them by letter and email. You are entitled to a refund. Notify your credit card provider of your rescission and dispute any charges.

Please look at the first post in this long, long thread about Profeco. Here is a quote from their website:
"By law, you have five business days to cancel the contract after you have signed it. If you decide to cancel the purchase within this period, notify the developer by email and certified mail. Keep the receipt as evidence you cancelled on time.

You should receive a prompt refund of all the money you have paid, without any cancelling penalties, within fifteen business days."

If the developer refuses to do so or agruments you resigned to this rigth when signing the contract, you may contact extranjeros@profeco.gob.mx. To submit a formal complaint, you must send the following paperwork: a brief description of the problem, copy of the contract and of your ID. (This is a direct copy of the Profeco statement complete with mispelled words, but the meaning is clear.)

 

[Paul E Morgan]

"If you are asked to sign a note that you are waiving the 5-day rescission (cancellation) period granted by Mexico (in case you change your mind about the purchase) that waiver is a fraud...."

I always tell people to read their contract very carefully. Look for "General Provisions" or "Notifications". For all timeshare sales operations, the customer has the right to send a letter REGISTERED MAIL RETURN RECEIPT REQUESTED within 5 business days to the address specified in the contract OR to return to the timeshare sales office and request cancellation. I always advise people to select the registered mail option, as the timeshare sales office have trained staff to salvage the sale (they will try to sell you a lesser product at a reduced price). If you reside in the United States or Canada, you CAN send the letter registered mail. It is the date the letter is sent, not the date the letter is delivered to the timeshare sales office that counts. You can track your registered letter with the United States or Canadian postal service. However, once the letter is transferred from the US to Mexican postal system, it is not currently traceable on-line. It takes up to 5 weeks for the Mexican postal officials to deliver the letter to the recipient. You will eventually receive your return receipt. Your letter should: (1) be dated; (2) contain the name and address of the timeshare sales office; (3) contain the contract number; and (4) state that you are exercising your right to cancel the contract per PROFECO. If you return to the sales office, they will request a reason for the cancellation -- do not provide a reason. PROFECO does not require timeshare purchasers to provide a reason for cancellation. If you provide a reason, the timeshare sales personnel already has a pre-prepared script to counter your statement(s). Do not return home and email the timeshare sales office to cancel your contract, UNLESS that method of cancellation is specifically permitted per the contract. NEVER telephone the timeshare sales office to cancel a contract. You must have proof of delivery of your notification of cancellation.


Here is a brochure from Profeco, the Mexican consumer protection agency about important things to consider BEFORE attending a timeshare presentation in Mexico.

SEE POST #262 IN THIS THREAD FOR UPDATED INFORMATION

The best protection of your rights and responsibilities on any contract is to take your time to completely read and fully understand all the provisions of the agreement. Do not rely on what a salesman tells you because only what is written in the contract will be enforceable. Don't be rushed or pressured to sign something you don't understand. If you feel you are being rushed or pressured to sign, that's a big clue to stop and walk away.

Added 4-24-15: Watch this tv report about a presentation in Puerto Vallarta:
http://sacramento.cbslocal.com/video/11423455-call-kurtis-investigates-mexican-timeshare-nightmare/
TUG owner Brian Rogers is in this report, too.

"If you are asked to sign a note that you are waiving the 5-day rescission (cancellation) period granted by Mexico (in case you change your mind about the purchase) that waiver is a fraud...."



Here is a brochure from Profeco, the Mexican consumer protection agency about important things to consider BEFORE attending a timeshare presentation in Mexico.

SEE POST #262 IN THIS THREAD FOR UPDATED INFORMATION

The best protection of your rights and responsibilities on any contract is to take your time to completely read and fully understand all the provisions of the agreement. Do not rely on what a salesman tells you because only what is written in the contract will be enforceable. Don't be rushed or pressured to sign something you don't understand. If you feel you are being rushed or pressured to sign, that's a big clue to stop and walk away.

Added 4-24-15: Watch this tv report about a presentation in Puerto Vallarta:
http://sacramento.cbslocal.com/video/11423455-call-kurtis-investigates-mexican-timeshare-nightmare/
TUG owner Brian Rogers is in this report, too.

 

[collegeclassroom]

clause 6

My contract's clause 6 only has 3 subpoints to it, matching letters B, C and D on the contract above. The points corresponding to letters A and E are not on my copy. No gag order.

Anyone who wants a copy for comparison, PM me your email address and I'll send it to you, or alternatively, anyone who is willing to get it uploaded to photobucket or some other image hosting site and link it in here, please let me know if you are able to help by PM and I'll send it to you.
*****************************************************

Please send me a copy of letter. Thank you
collegeclassroom@yahoo.com

 

[Hankmoon]

Has anyone had trouble with Occidental Vacation Club (now owned by the Barcelo Group) not honoring the terms of their written contract? We recently bought a First Club 2 bedroom. I just booked our first owner's week with them for 2018 and they are not honoring the terms of my contract. I am having a terrible time with them now to get them to honor our contract terms. I am thinking maybe I should cancel my contract. I have since discovered the sales people broke many Mexican laws during the sales process too. I won't go into that here since my complaint is that I have an agreement IN WRITING and the company is not honoring it.

 

[Karen G]

Has anyone had trouble with Occidental Vacation Club (now owned by the Barcelo Group) not honoring the terms of their written contract? We recently bought a First Club 2 bedroom. I just booked our first owner's week with them for 2018 and they are not honoring the terms of my contract. I am having a terrible time with them now to get them to honor our contract terms. I am thinking maybe I should cancel my contract. I have since discovered the sales people broke many Mexican laws during the sales process too. I won't go into that here since my complaint is that I have an agreement IN WRITING and the company is not honoring it.

If they aren't honoring the terms of your contract, I think that would be a perfectly good reason to contact Profeco to see if they can do anything to help you.

 

[rejea faille]

i just trade 2 timeshares for one, one grupo vidanta (grand luxe loft) and one emerald bay pueblo bonito(one studio) for elite premier contract at the marina hotel in mazatlan for 35000$ full payable in one week
but for the time share i own, il will get 85000$ but only in 60 days, i have everything write in the contract, they will honor their contract ?or it,s a scam,after they will get the full 35000$,i will never get my 85000$ and i will not hear about them anymore ?

 

[Karen G]

i just trade 2 timeshares for one, one grupo vidanta (grand luxe loft) and one emerald bay pueblo bonito(one studio) for elite premier contract at the marina hotel in mazatlan for 35000$ full payable in one week
but for the time share i own, il will get 85000$ but only in 60 days, i have everything write in the contract, they will honor their contract ?or it,s a scam,after they will get the full 35000$,i will never get my 85000$ and i will not hear about them anymore ?

No, you won't get $85,000 for the timeshares you traded in. Most likely, according to reports of others who've traded in their timeshares in Mexico, they'll offer you the "opportunity" to take back your timeshares for even more money.

If you are within your five-day rescission period, you'd be wise to rescind your purchase and not waste $35,000.

 

[rejea faille]

thank's karen for your information
i just send one email to them to concel, i will send them a registered letter on january 2 because it's Holiday dec 30 and 31st jan 1st
may be it's possible to you to tell me about the 5 business day
i sign the contract dec 24th, but some attendum dec 26, today it's the 30th, look like just 3 busibess day between, if it's possible i would like to get confirmation from you mrs karen
thank's a lot for your help Rejean xx

 

[Karen G]

thank's karen for your information
i just send one email to them to concel, i will send them a registered letter on january 2 because it's Holiday dec 30 and 31st jan 1st
may be it's possible to you to tell me about the 5 business day
i sign the contract dec 24th, but some attendum dec 26, today it's the 30th, look like just 3 busibess day between, if it's possible i would like to get confirmation from you mrs karen
thank's a lot for your help Rejean xx

I believe that Sundays, Christmas Day, and New Years Day wouldn't count against the five days. It looks to me like you satisfied the deadline for rescission when you sent your email. But, I'm not a lawyer and that's just my opinion. You can also mention in
your letter that you are also notifying the Mexican consumer protection agency, PROFECO, of your intent to rescind. Here is what their website says:

"By law, you have five business days to cancel the contract after you have signed it. If you decide to cancel the purchase within this period, notify the developer by email and certified mail. Keep the receipt as evidence you cancelled on time.

You should receive a prompt refund of all the money you have paid, without any cancelling penalties, within fifteen business days.

If the developer refuses to do so or agruments you resigned to this rigth when signing the contract, you may contact extranjeros@profeco.gob.mx. To submit a formal complaint, you must send the following paperwork: a brief description of the problem, copy of the contract and of your ID."

(Note: the misspellings in that last paragraph are exactly what appears on the Profeco website.)

Also, assuming you paid anything by credit card, you could notify your credit card company that you've rescinded your purchase. After you receive your refund, you could cancel the card to avoid any future charges to it.

 

[rejea faille]

thANK'S MRS KAREN

 

[Jon duda]

If they aren't honoring the terms of your contract, I think that would be a perfectly good reason to contact Profeco to see if they can do anything to help you.

I need help! Please. I signed up for this stupid thing almost two yeas ago. I don’t want my money back but I still owe over $4,000.00.... I tried to cancel and they said I need to pay the $4,000.00 in full or they will send collections after me and damage my credit... are these just threats? If I just cancel my card can they really come after me? Leans on my home... business... credit... I’m horrified....

PLEASE HELP

 

[Karen G]

I need help! Please. I signed up for this stupid thing almost two yeas ago. I don’t want my money back but I still owe over $4,000.00.... I tried to cancel and they said I need to pay the $4,000.00 in full or they will send collections after me and damage my credit... are these just threats? If I just cancel my card can they really come after me? Leans on my home... business... credit... I’m horrified....

PLEASE HELP

See this thread discussing similar situations: https://tugbbs.com/forums/index.php...lting-on-a-mexican-timeshare-purchase.273714/

 

[Passepartout]

I need help! Please. I signed up for this stupid thing almost two yeas ago. I don’t want my money back but I still owe over $4,000.00.... I tried to cancel and they said I need to pay the $4,000.00 in full or they will send collections after me and damage my credit... are these just threats? If I just cancel my card can they really come after me? Leans on my home... business... credit... I’m horrified....

PLEASE HELP

I don't know how much help we can be, because you didn't show up here 'almost two years ago', and back then we could have instructed you on how to rescind and this never would have gotten this far. But now. OK, we don't think that Mexican timeshare outfits will REALLY ding your credit, and honestly, if a bad report is filed at TransUnion or another reporting agency, you are allowed to write a rebuttal. I can't imagine an American creditor who would hold defaulting on a Mexican timeshare against you. In fact freeing up that much of your income may well improve your credit score.

I would default. Cancel whatever account they are debiting your payment from and don't look back. You won't get any of what you've paid back, and you obviously won't be welcome back at the same resort, but it won't stop you from travel to Mexico ant time you wish.

Good Luck. I wish we'd met 2 years ago.

Jim

 

[Karen G]

This article may be of interest if someone has paid the deposit or down payment for their timeshare with a Visa credit card: https://www.tripadvisor.com/ShowTop...card-Cabo_San_Lucas_Los_Cabos_Baja_Calif.html

 

[Rob Guty]

Help!

I think it is too late, but we purchased a Royal Elite membership at Sandos Playacar. (Playa Del Carmen) It has been 16 days so our right to rescind is gone but do we have any other options to get out of this? We made a 10% deposit and agreed to send the rest when we got our own funding. Unfortunately I found this site AFTER our mistake. Also, I was wondering why I could not find this resort anywhere on the website... more concerning information.

How did you make out ? we are very similar to you and are almost 20 days from the purchase date. We wont be paying the remainder but we are speaking with M/C regarding our deposit. Im not worried about threat and any actions. I just would like my deposit back.....

 

[Karen G]

How did you make out ? we are very similar to you and are almost 20 days from the purchase date. We wont be paying the remainder but we are speaking with M/C regarding our deposit. Im not worried about threat and any actions. I just would like my deposit back.....

The person whose post you quoted has not been back to TUG since May, 2009.

 

[Dariah]

So we signed up for an OCV timeshare when in Cozumel. They were actually pretty good, I didn't feel pressured, they weren't pushy, my husband just wasn't able to be the strong one and say no when I told him he had to be. We have always wanted a time share. Once I got back to the resort and went over numbers and the contract I realized financially it didn't make sense for us to be locked into this at that price for 25 years. We are also Canadian and while they sold it to us at "par"...the AI fees, maintenance fees are all in US so with my calculations I had to add 35% on top of those to get an average over 25 years.

So we signed up and bought it on a Wednesday...Friday I went to the post office in Cozumel and mailed my cancellation letter, got tracking info etc, it was hand written but should be fine right?

A friend called me chicken for not going right to the office, but I didn't want to face them or try to get them to talk me out of it, plus I felt a little guilty letting them down, and missing out of the commission.

Will I hear from them? Are there any other steps I should take? We returned home yesterday and now I am hoping to find a resale that is much more reasonable priced.

 

[Karen G]

Will I hear from them? Are there any other steps I should take? We returned home yesterday and now I am hoping to find a resale that is much more reasonable priced.

That's great that you exercised your right to rescind within the time limit. You may or may not hear any more from them. Notify your credit card co. if that's how you paid that you've rescinded. Now you just patiently wait.

 

[Dariah]

That's great that you exercised your right to rescind within the time limit. You may or may not hear any more from them. Notify your credit card co. if that's how you paid that you've rescinded. Now you just patiently wait.

I did call them, she told me that if they didn't follow their contract, which was to have the money returned in 15 working days I should call back.

You know I almost feel guilty, these people were really nice, friendly and I just ripped commissions out of their hands! We are still on the hook for $2900 for all the signing "bonuses" we got but I will take that over the potential $65000 over 25 years.