TRYING TO GET OUT OF MEXICO TIMESHARE

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Original Message:

Re: TRYING TO GET OUT OF MEXICO TIMESHARE (by KC):

dianeb726 wrote:
Now home and outside the 14 days cooling off period, since signing, we have byers remorse. We have only paid 2k so far. Does anyone know what the repercussions would be if we don't make any additional payments and send a cancellation letter..any advice welcome

You cannot just unilaterally "cancel" a contract into which you voluntarily chose to enter, after the rescission period provided by applicable law has expired. No "solicitor" possesses any magic beans or secret elixirs either --- no matter how much they charge. The rescission period is only 5 days in Mexico by the way, so I am unclear where / how you came up with the "14 days" reference. In any event, sending a "cancellation" letter would be a legally meaningless gesture after expiration of the rescission period. There are two parties in an executed contract and neither one can just change the terms of (or terminate) an executed contract on their own without the overt agreement of the other --- it's a two way street.

On the other hand, you can always make the decision to simply forfeit the $2k deposit you already ponied up (you're not getting any of that that money back in any scenario anyhow, no matter what) and just make the choice not to pay them another penny. If you are in another country, they have little or no leverage to do much of anything further except to terminate your "membership" at some point. Doing so is no particular skin off their nose, since all you really have is a "right to use" anyhow (i.e., no actual ownership of anything) and they will certainly be keeping your deposit regardless of whatever you do or don't do.

I doubt that the doomsday scenario your solicitor portrayed could or would ever actually happen --- it's just simply not worth the bother for the Mexicans to attempt collection efforts across continents over a relatively worthless RTU "membership". There are, after all, plenty of other prospects in "vacation mode" coming around the corner virtually every day. It's your decision, but if in your shoes I would be inclined to just kiss them off and bid them adieu.