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Re: Help w/ Contract Language (by Donna M.):

kimyn wrote:

Thanks Ken and Jayjay

Kim - Jayjay is correct in saying the timeframe for right to rescission in Mexico is 5 days; that being 5 working days from the day you signed the contract and also that it is against the law (including in Mexico) to ask someone to waive their right to rescind. I recently went through all this myself and was lucky enough to be able to rescind my contract within the 5 days; HOWEVER, that being said, even though you are well past the 5 days rescission period (or "grace" period), IF they asked you in any way to waive your right to rescind (which you state they did), that is against the law and PROFECO should assist you (hopefully) to facilate cancelling your contract based on that issue alone.

A website I found very helpful when fighting to have my contract cancelled was www.mexicantimesharefraud.com - it is extremely useful in setting out what your rights and remedies are under Mexican Law and what to do.

Basically, what you need to do now is get your official complaint into PROFECO (it must be in writing and supported by copies of all your documentation). Advise them in your complaint that you want to cancel the contract based on the fact that the company "asked you to sign away your rescission period" and explain the specific details surrounding that specific issue. If it is documented anywhere in writing in your paperwork, be sure to send them a copy of that with your complaint. Proving that issue and convincing PROFECO that they did that is going to be "key" in whether or not PROFECO will help you to get the contract cancelled at this late date. I would stay away (in your complaint letter) that you want to cancel because you "don't like their business practices" - it will only reduce your credibility in wanting to cancel for a legitimate reason - that they broke the law in asking you to waive your right to rescind - something that PROFECO can actually help with; in other words, not liking a company's business practices (as you have also stated) is not going to be enough to let you out of the contract - so focus on the issue that they (PROFECO) actually have the power to deal with.

Also, I would not bother fighting with the developer any longer at this point - that will be fruitless and a waste of your energy - go directly to PROFECO with your complaint in writing and anything you have to support your claim. Maybe start by having a read at the website noted above.

Good Luck with it.