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Original Message:

Contracts / rescission (by KC):

diepn4 wrote:
We just got scammed into a contract regarding the 5-day cancellation time by Mayan Palace in August 2017. Can you please tell us the process how you could get your refund? Anyone else has any idea or recommendation how the credit company or any other agencies can get involved to get our money refunded? Thank you

No offense or disrespect intended, but you voluntarily signed a contract of your own free will and choice. It may have been a unwise decision, but how exactly does that unfortunate personal decision constitute your having been "scammed into" making that choice?

Mexican law provides a 5 day period to cancel (rescind) a timeshare contract. Your choice to sign a contract was made back in August (over three months ago now). If the sales weasels failed to make you aware of your rescission (cancellation) rights, as they are required to do by law, you can file a complaint with PROFECO, the governmental body in Mexico that investigates timeshare sales misdeeds. If you WERE notified of those cancellation rights but simply failed to exercise them, you are now just plain out of luck.

You are not getting any money refunded unless you can convince PROFECO that you were NOT provided with any notice of your cancellation rights at the time of contract execution. However, if those cancellation rights were made known within any document that you signed and the resort can produce any such document bearing your signature, any claim of "no cancellation rights notice was provided" obviously goes right out the window.

You voluntarily signed a contract and did not cancel it during the time period provided by law to do so. It's a "done deal" now, these several months later. However, you can make another personal choice and decision --- to not pay another penny and just walk away, forfeiting whatever amount of money you may have paid as a deposit. Contact PROFECO if you believe you can document a compelling case that there was actual fraud involved in your contract execution, but you have a steep uphill battle ahead in any scenario. Anything that the sales weasels SAID to you means absolutely nothing --- it' was just noise in the air. ONLY the WRITTEN content of the contract you signed has ANY binding legal significance.

In any event, I wish you luck.