As I read through Mexico timeshare forums, there are several threads about Sunset World. However, nothing more current than 2023 that I can find.
My question to the group is: has anyone simply stopped paying the annual maintenance fee for a contract that is paid in full? If so, please share your experience.
Yes. I filed a suit with Profeco after signing an Adhesion Contract with Promatora Cancun Share, agents that sell timeshare contracts for Sunset World Group. When I was charged on my credit card for the maintenance fee, I contacted my credit card and made a claim it was fraud. The credit card company did not pay the charge and closed my account, issuing me a new credit card.
After two years and ten meetings with Profeco, I have learned much about what constitutes fraud including lying, intent to deceive, and so much more. The attorney representing the defendant agreed to cancel the contract in writing, but not return our investment in which we had paid the entire amount. In the Adhesion Contract, under the penalty clause, it states if the company is at fault, they need to return the investment plus possibly interest and an amount equal to the initial investment. We are also seeking compensatory and moral damages. If the company does not settle with us while being adjudicated by Profeco, we will be filing a civil action claiming in addition to compensatory and moral damages, pecuniary damages. Plus, we are likely to file a criminal complaint with the Attorney General's Office.
There are several clauses in the various papers you signed in addition to the Adhesion Contract that might make the contract invalid or unenforceable. Read all the papers signed and check to see if any clause states you cannot accuse the company of fraud once the papers are signed. If elderly or for other valid reasons (the defendant company has an unfair advantage requiring disputes be filed in Cancun, or physical incapacity, etc.), because of a recent change in the law, you can ask for a change of venue and change the juristriction where you file a civil suit.
The company probably uses several different types or methods to deceive the consumer. Document everything. There is the possibility of a class action suit if enough plaintiffs can be found that have a bonified claim against the company that deception, lies, and other illegal methods where used to obtain the contract.
