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Re: Re: Vallarta Gardens Timeshare Scam (by KC):
rinicep wrote:Just cancelled the payment to Vallarta gardens within 5 day period. Called credit card company and it is in dispute. No letter yet to them. On vacation no access to computer. It was a foreclosure so they made us sign that we couldnt have 5 day to change our mind. I understand per Mexican law we can cancel within 5 days no matter what. Correct?
A few thoughts and observations follow, some of which may not be what you want to hear, but all of it is nonetheless truthful and factually accurate.
1. Please understand very clearly that cancelling a payment does NOT cancel (or in any way impact, actually) the legally binding nature of a valid contract that has already been executed.
2. If you bought directly from the resort, the (alleged) "foreclosed" status of whatever you purchased is irrelevant. Fyi, RTU (right to use) contracts are basically just memberships, with no actual ownership of anything at all. Accordingly, RTU's don't get "foreclosed". It's just a "right to use", which may be terminated after non-payment of required fees. RTU termination can be initiated for non-payment whenever they see fit, but usually not before some "collection" efforts. "Foreclosure" pertains to real property, which a RTU contract definitely is not.
3. I hope that you have a copy of the waiver you claim to have signed, since any such waiver of your rescission rights is unlawful and solid grounds on which to void the contract (with assistance from PROFECO). IF you have a copy of an unlawful waiver of rights that you can provide to PROFECO, then PROFECO will assist you in voiding the contract. If you do not possess a copy of whatever you signed, then you have a real problem on your hands, since it would then plainly just be your word against theirs.
4. Contract rescission (cancellation) must be conducted in writing, under signature, and within the allotted time period for rescission (5 days in Mexico) --- "no matter what". The law does not care if you are "still on vacation" (btw, you do not need "computer access" to write, sign and provide a rescission letter of two sentences within the allotted 5 days).
Good luck --- you will need it if you fail to take immediate action to rescind before the allotted time to do so expires. Tick tock.