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Resinding within 5 days in Mexico
Does anyone have any advice? We purchased from El cid Moro Towers in Mazatlan on 06/14/07 at a terrible price(yeah I know now, from reading these forums,"do not buy developers price buy resale) anyways, we came home checked out there NEW deal on buying cruises with points on 06/18/07, and come to find out, what the salesman said was not true(surprised), we immediately sent an email to their customer help desk about canceling, phoned them, sent an email to our salesman, who still tried to offer us more certificates and deals, but we were firm that we wanted to cancel, and he finally agreed that that was a done deal, well today is 07/03/07 and we have not received our deposit back, I have contacted there customer service several times, and they keep telling me "in a couple of days", I have contacted my c/c company and i have to do the follow up work, but can they keep any portion of our deposit, since we cancelled within the five days? The"head honcho" told us if we cancelled after the five days, than we would have to pay for any gifts we received and commissions, advertising, etc..... Any one have any suggestions?
Jo ann R.
joann21 wrote:Does anyone have any advice? We purchased from El cid Moro Towers in Mazatlan on 06/14/07 at a terrible price(yeah I know now, from reading these forums,"do not buy developers price buy resale) anyways, we came home checked out there NEW deal on buying cruises with points on 06/18/07, and come to find out, what the salesman said was not true(surprised), we immediately sent an email to their customer help desk about canceling, phoned them, sent an email to our salesman, who still tried to offer us more certificates and deals, but we were firm that we wanted to cancel, and he finally agreed that that was a done deal, well today is 07/03/07 and we have not received our deposit back, I have contacted there customer service several times, and they keep telling me "in a couple of days", I have contacted my c/c company and i have to do the follow up work, but can they keep any portion of our deposit, since we cancelled within the five days? The"head honcho" told us if we cancelled after the five days, than we would have to pay for any gifts we received and commissions, advertising, etc..... Any one have any suggestions?
Hi. Make sure you insist to the credit card company that the entire credit charge be removed, and provide the credit card company with a copy of whatever they require to remove the charge. Stan.
stanleyf5
Get in touch with Profeco for any complaints you may have concerning timeshares in Mexico:
Information: Profeco offers free advice on the commercial conduct of companies operating in Mexico.
Complaints: Profeco receives reports of non-compliance upon contracting a service or buying products. Go to the Profeco office in the town where you are, making sure to present a copy of the documents which validate the operation undertaken: the receipt or contract and a valid form of identity.
You can also present your complaints to Profeco via the Mexican Embassy or Consulate in your country of origin, or by mail to: Profeco Dirección General de Quejas y Conciliación Av. José Vasconcelos No. 208, Colonia Condesa, México 06140, D.F. (Accompany a brief description of your problem with your name, address and telephone number.) Call us toll-free 01-800-468-8722 Email: extranjeros@profeco.gob.mx
R P.
Last edited by jayjay on Jul 04, 2007 07:34 AM
jayjay wrote:thanks jayjay, i have been reading these boards and you seem to know a lot about time shares, i was hoping you would answer, i put this problem under the wrong topic, so i did not know if i would get too many responses. we will certainly try all ways to get our deposit back, i think they are trying to charge us for the "gifts" that they give for going and all the extras they give for persuading people that aren't sure. they gave us some cruise certificates that were suppose to be enough for our family and another couple for a seven day cruise, come to find out they were not even enogh for us, and then we still would have owed $726.00. the way they explained the program was we would have enogh points to cruise once a year, and still have enough for a two bedroom once a year. well i guess we will see what happens. thanks for the reply.Get in touch with Profeco for any complaints you may have concerning timeshares in Mexico:Information: Profeco offers free advice on the commercial conduct of companies operating in Mexico.
Complaints: Profeco receives reports of non-compliance upon contracting a service or buying products. Go to the Profeco office in the town where you are, making sure to present a copy of the documents which validate the operation undertaken: the receipt or contract and a valid form of identity.
You can also present your complaints to Profeco via the Mexican Embassy or Consulate in your country of origin, or by mail to: Profeco Dirección General de Quejas y Conciliación Av. José Vasconcelos No. 208, Colonia Condesa, México 06140, D.F. (Accompany a brief description of your problem with your name, address and telephone number.) Call us toll-free 01-800-468-8722 Email: extranjeros@profeco.gob.mx
Jo ann R.
Joann:
Is there any information in your contract as to how to recind the pruchase? If not, Mexican law was broken, and you will probably be let out of the contract. Did they make you initial any parts of the recision section, if they had it in the contract.
In nearly all cases, the steps you took above were wrong. The direction usually state they you must notify the company in writing via US postal service*, in registered or certified letter with return receipt request postmarked no more than five days of the contract date.
Some may say an express agency may also be used (like fedex) but always us the US post office as well. It will hold up in court if need be.
E Mail, telephone calls, don't stop the process and time limit. I hope this helps others, too.
As for info on the internet.....much is written of the Mexican T/S problems, only be be removed when the OP who started the web site is let 100% out of the deal, and is told part of the payback is the removal of their negative (but informative) web site....which, of course, no longer warns others.
As Gin has told you, Profeco has helped many others....in the past...curenntly, their English website can't be found by me, but I did find a translation on the timeshare beat website. Go there if you cant find the English & need it.
Kenneth K.
kekouri wrote:HELLO, actually there was no "receission" letter in our packet to initial, the reps just told us we had a 5 day period to cancel, after 5 days we would be charged for advertising, commissions, this that, etc...., however we finally got a partial refund of $3,939.52 on july 4, a difference of $1,282.44, we have emailed there company and asked for an itemized statement for these charges. you know they did give us bracelets for food and drink, one set for going to the meeting, plus city tours, and one set for the afternoon that we were leaving, we certainly did not eat that much food. anyways, if you have more info let me know. thanks.Joann:Is there any information in your contract as to how to recind the pruchase? If not, Mexican law was broken, and you will probably be let out of the contract. Did they make you initial any parts of the recision section, if they had it in the contract.
In nearly all cases, the steps you took above were wrong. The direction usually state they you must notify the company in writing via US postal service*, in registered or certified letter with return receipt request postmarked no more than five days of the contract date.
Some may say an express agency may also be used (like fedex) but always us the US post office as well. It will hold up in court if need be.
E Mail, telephone calls, don't stop the process and time limit. I hope this helps others, too.
As for info on the internet.....much is written of the Mexican T/S problems, only be be removed when the OP who started the web site is let 100% out of the deal, and is told part of the payback is the removal of their negative (but informative) web site....which, of course, no longer warns others.
As Gin has told you, Profeco has helped many others....in the past...curenntly, their English website can't be found by me, but I did find a translation on the timeshare beat website. Go there if you cant find the English & need it.
Jo ann R.
Read this carefully. It has not been updated lately (I think someone is trying to keep the info that the T/S Beat had online...on line...
http://www.thetimesharebeat.com/mex-fraud.htm
I think it may state that the 5 day MUST BE IN THE CONTRACT.....but the date of this article might mean the Mexican Laws may have changed for the better of the developers... not the tourists.
Most websites dealing with T/S, as tug or TS4rums have also posts on this problem......and much info there have helped the general population from the slick sales tactics of the Mexican developers. (Ok OK ...it happens in the USA , too
Kenneth K.
kekouri wrote:Joann:Is there any information in your contract as to how to recind the pruchase? If not, Mexican law was broken, and you will probably be let out of the contract. Did they make you initial any parts of the recision section, if they had it in the contract.
In nearly all cases, the steps you took above were wrong. The direction usually state they you must notify the company in writing via US postal service*, in registered or certified letter with return receipt request postmarked no more than five days of the contract date.
Some may say an express agency may also be used (like fedex) but always us the US post office as well. It will hold up in court if need be.
E Mail, telephone calls, don't stop the process and time limit. I hope this helps others, too.
As for info on the internet.....much is written of the Mexican T/S problems, only be be removed when the OP who started the web site is let 100% out of the deal, and is told part of the payback is the removal of their negative (but informative) web site....which, of course, no longer warns others.
As Gin has told you, Profeco has helped many others....in the past...curenntly, their English website can't be found by me, but I did find a translation on the timeshare beat website. Go there if you cant find the English & need it.
Hello,
I have a situation here and after reading all your comments, I believed now that I was mislead. My husband and I bought a timeshare an Playa Grande in May, 2006. We were not aware of the 5 days cancelling period. It was not in our contract. Not knowing such cancellation, there is statement in the contract that there are "no provision for recission". After more than a year, I would like to know if we can still back out from this contract? If Playa was in violation, I believed this contract is invalid. Please respond ASAP.
Francine C.
Last edited by francinec10 on Oct 26, 2007 04:07 PM
francinec10 wrote:I have a situation here and after reading all your comments, I believed now that I was mislead. My husband and I bought a timeshare an Playa Grande in May, 2006. We were not aware of the 5 days cancelling period. It was not in our contract. Not knowing such cancellation, there is statement in the contract that there are "no provision for recission". After more than a year, I would like to know if we can still back out from this contract? If Playa was in violation, I believed this contract is invalid. Please respond ASAP.
If the rescission period of 5 days was not stated in your written contract then you definitely have a case for cancellation. It's Mexican law to have a 5 day rescission period in a developer bought timeshare contract.
R P.
joann21 wrote:Does anyone have any advice? We purchased from El cid Moro Towers in Mazatlan on 06/14/07 at a terrible price(yeah I know now, from reading these forums,"do not buy developers price buy resale) anyways, we came home checked out there NEW deal on buying cruises with points on 06/18/07, and come to find out, what the salesman said was not true(surprised), we immediately sent an email to their customer help desk about canceling, phoned them, sent an email to our salesman, who still tried to offer us more certificates and deals, but we were firm that we wanted to cancel, and he finally agreed that that was a done deal, well today is 07/03/07 and we have not received our deposit back, I have contacted there customer service several times, and they keep telling me "in a couple of days", I have contacted my c/c company and i have to do the follow up work, but can they keep any portion of our deposit, since we cancelled within the five days? The"head honcho" told us if we cancelled after the five days, than we would have to pay for any gifts we received and commissions, advertising, etc..... Any one have any suggestions?
Holly C.
joann21 wrote:Does anyone have any advice? We purchased from El cid Moro Towers in Mazatlan on 06/14/07 at a terrible price(yeah I know now, from reading these forums,"do not buy developers price buy resale) anyways, we came home checked out there NEW deal on buying cruises with points on 06/18/07, and come to find out, what the salesman said was not true(surprised), we immediately sent an email to their customer help desk about canceling, phoned them, sent an email to our salesman, who still tried to offer us more certificates and deals, but we were firm that we wanted to cancel, and he finally agreed that that was a done deal, well today is 07/03/07 and we have not received our deposit back, I have contacted there customer service several times, and they keep telling me "in a couple of days", I have contacted my c/c company and i have to do the follow up work, but can they keep any portion of our deposit, since we cancelled within the five days? The"head honcho" told us if we cancelled after the five days, than we would have to pay for any gifts we received and commissions, advertising, etc..... Any one have any suggestions?
Yes! Ridding ourselves of four timeshares and keeping the fifth...Mayan Palace helped; we'd had their legal department take the rest off our hands and remaining with one only....by buying into a bigger/better plan. Yes, it cost us, but deleting other maintenance fee burdens was well worth the price. Now we own four ONE BR units and pay only for use of two, renting two others out. Maintenance fee is $1000 annually. We get to use only red time (annual any time in this case except holiday black-outs), although still not a great deal. We have 10 grown offspring with families...so it works out OK if they participate. Also, I'd consult with the same thought but go to a family owned company such as Marriott. Ideal locations with great opportunities. Had we known then...we'd have gone with the higher end...Marriott program in the first place. Timesharing is never something you would want to own unless you can afford throw money away; Nevertheless, my spouse is a person who said, surprisingly, "IF we had not purchased one as a beginner in 1999 we'd not have seen Spain, The Mexican Mayan Palace near Acapulco several times...a wow for son's first out-of-states experience, and other locations. Please post how this turns out for you. H.C. of Box 131 , PO box 439030 San Ysidro, CA. 92143 . . .we live in Mexico near the border.
Holly C.
jayjay wrote:Get in touch with Profeco for any complaints you may have concerning timeshares in Mexico:Information: Profeco offers free advice on the commercial conduct of companies operating in Mexico.
Complaints: Profeco receives reports of non-compliance upon contracting a service or buying products. Go to the Profeco office in the town where you are, making sure to present a copy of the documents which validate the operation undertaken: the receipt or contract and a valid form of identity.
You can also present your complaints to Profeco via the Mexican Embassy or Consulate in your country of origin, or by mail to: Profeco Dirección General de Quejas y Conciliación Av. José Vasconcelos No. 208, Colonia Condesa, México 06140, D.F. (Accompany a brief description of your problem with your name, address and telephone number.) Call us toll-free 01-800-468-8722 Email: extranjeros@profeco.gob.mx
Kudos to you, Senior! hc in Baja
Holly C.
I would never sign a contract for a major purchase in Mexico or most other foreign countries without a lot of research and legal consultation first. Maybe I'm overly pessimistic, but it's hard enough to get a fair shake in this country. When the other guy has written up a contract for you to sign, guess whose interests are protected by the contract? I've only been to 4 or 5 other countries, but I've been to Mexico a dozen times. Even if their legal structure was similar to ours and everything was done in English, trying to conduct a dispute across an international border has to be a supreme hassle. People advise you to buy a timeshare in a resort where you would be happy to continue to use it without thinking about exchanges. What if airline flights become a problem (medical, expense, political problems?)
Gary M.
garym262 wrote:I would never sign a contract for a major purchase in Mexico or most other foreign countries without a lot of research and legal consultation first. Maybe I'm overly pessimistic, but it's hard enough to get a fair shake in this country. When the other guy has written up a contract for you to sign, guess whose interests are protected by the contract? I've only been to 4 or 5 other countries, but I've been to Mexico a dozen times. Even if their legal structure was similar to ours and everything was done in English, trying to conduct a dispute across an international border has to be a supreme hassle. People advise you to buy a timeshare in a resort where you would be happy to continue to use it without thinking about exchanges. What if airline flights become a problem (medical, expense, political problems?)
Ditto ..... I think the current cost of flying is why so many Mexican timeshares are for sale on the resale market.
People don't necessarily think about transportation costs when they're caught up in the moment by a good timeshare salesperson at a magnificent resort, which they may have never experienced and are overwhelmed with all the beauty, the condos, the grounds, the pools and all the amenities.
Before we bought our one and only developer timeshare, we had rented many condos on the gulf coast over the years but had never experienced the "resort" atmosphere. At our first timeshare presentation, we were totally sold on the concept and "owning" a week at such a fabulous place.
I think this is how millions of developer timeshares are sold ... spur of the moment with no research beforehand and because the salesperson tells you the great deal being offered is just for "that day only".
R P.
Last edited by jayjay on Mar 07, 2008 03:23 PM
Yes, you certainly do need to consider the cost of getting to wherever you buy, especially if it is a single resort setup, not a group among which you can circulate. Just met a nice couple who own in the Virgin Islands. They love the place but usually use it for exchange fodder to get somewhere in driving distance. MD
Mary D.
I have a question about rescinding a contract: We foolishly bought a timeshare. I went the next day to the Mexican post office and sent registered letters to the resort and the main office. We signed a paper at the resort stating that the deposit was not refundable. Since the deposit is part of the purchase, I believe that this is not legal or binding. Is this so?
Jamie M.
jamieannie wrote:I have a question about rescinding a contract: We foolishly bought a timeshare. I went the next day to the Mexican post office and sent registered letters to the resort and the main office. We signed a paper at the resort stating that the deposit was not refundable. Since the deposit is part of the purchase, I believe that this is not legal or binding. Is this so?
The deposit is not legally binding if you rescinded within the 5 day period. It's Mexican law that your deposit be returned to you after recission. If the resort balks at returning your deposit then tell them you will be getting in touch with Profeco asap.
R P.
Last edited by jayjay on Dec 31, 2008 08:26 AM
