Scammed by The Villa Group in Nuevo Vallarta: need to know if any recourse?

This is the issue, in a nutshell:

My husband and I took a trip to Puerto Vallarta in October, 2006. We have time shares in a few different properties because it works well for our live-style and current situation. We attended the "owner's presentation" in the sales room on the property. We told the sales person we were not interested in purchasing any more time. At that point, she brought over another sales person who, when we said "no thanks" offered a deal wherein the last 5 years of our contract would be purchased back for about the price we would pay for the upgrade. Based solely on that, we agreed. The sales person brought the contract to us the next day. There were some non-related matters that occurred during that stay, with the upshot, among other things, being the "contract" we were provided for the buy-back was reviewed by I guess a sales director who informed us that the company would stand behind it. I asked for that confirmation because I am a paralegal not an atty, and certainly not familiar with Mexican law. So, when the pay-back was supposed to be paid, you guessed it, we didn't get squat. After many months of trying to figure out what was happening, it turns out, that the company's position now is that it was not a "regular" deal, the salespeople involved were fired, and the company is not standing behind it. So, we're trying to determine whether or not to continue to pursue it or cut our losses. Suggestions?

manonb4 asks above for input on a Mexican "transaction" ==================================================

Without seeing the actual, precise language of the referenced "contract" and without knowing whether the resort signatory (or signatories) back in 2006 actually had any authority (....quite possibluy not) to represent company "guarantees" at the time of execution in 2006, it is not really possible to provide you with any well informed or meaningful legal guidance in the context of an Internet discussion forum (and no, my legal services are neither available nor offered by my responding here, so this is certainly NOT a solicitation of any kind to represent you).

The suggestion that first comes to mind is that you should contact Profeco (in writing, not by phone or email) and spell out all the facts and events in this matter in clear, specific, chronological detail (including any and all names known), also providing photocopies (not originals) of any and all documentation. Absent all of the available facts and / or any actual documentation, my "gut instinct" tells me that Profeco might very well be your one and only hope for ANY kind of resolution / restitution here --- and I can't honestly say that I'm optimistic even then. The Mexican "legal & justice" system is just a bad joke, so your best hope for any success at all likely lies in attempting to leverage the fact that the resort almost certainly does not want Profeco "on its' back", particularly if resort actions or representations were blatantly inappropriate. If you can't get any satisfaction utilizing Profeco, I'd be willing to wager that you are likely just plain out of luck.

Just a suggestion and my personal opinion, based on the very limited information provided and without benefit of any "contract" documentation to examine. Good luck.

ken1193 wrote:

manonb4 asks above for input on a Mexican "transaction" ==================================================

Without seeing the actual, precise language of the referenced "contract" and without knowing whether the resort signatory (or signatories) back in 2006 actually had any authority (....quite possibluy not) to represent company "guarantees" at the time of execution in 2006, it is not really possible to provide you with any well informed or meaningful legal guidance in the context of an Internet discussion forum (and no, my legal services are neither available nor offered by my responding here, so this is certainly NOT a solicitation of any kind to represent you).

The suggestion that first comes to mind is that you should contact Profeco (in writing, not by phone or email) and spell out all the facts and events in this matter in clear, specific, chronological detail (including any and all names known), also providing photocopies (not originals) of any and all documentation. Absent all of the available facts and / or any actual documentation, my "gut instinct" tells me that Profeco might very well be your one and only hope for ANY kind of resolution / restitution here --- and I can't honestly say that I'm optimistic even then. The Mexican "legal & justice" system is just a bad joke, so your best hope for any success at all likely lies in attempting to leverage the fact that the resort almost certainly does not want Profeco "on its' back", particularly if resort actions or representations were blatantly inappropriate. If you can't get any satisfaction utilizing Profeco, I'd be willing to wager that you are likely just plain out of luck.

Just a suggestion and my personal opinion, based on the very limited information provided and without benefit of any "contract" documentation to examine. Good luck.

Ken: Thank you for your response. We were trying so hard to resolve this amicably. We have an "offer" from the Villa Group to take us back (financially and time ownership) to where we were before buying the time in October of 2006 which is not really what we want, but given the apparent hopeless of our current situation, we may opt for that. However, as I remember things, there were at least 3 or 4 other couples who fell prey to this activity - at least based upon the contracts the saleperson showed us when he delivered our "contract." I don't think they have pursued it or, at least, the Villa Group is not forthcoming with that information.

manonb4 states in relevant part: >> Ken: Thank you for your response. We were trying so hard to resolve this amicably. We have an "offer" from the Villa Group to take us back (financially and time ownership) to where we were before buying the time in October of 2006...<<

I'll express a theory based on the limited information you've presented. This corrective "offer", as you have described it, strongly suggests (to me, anyhow) that the 2006 transaction may very well have been the unauthorized and independent actions of rogue sales personnel, conducted without the authority (maybe even without the knowledge) of those above them. If so, the resort knows that if Profeco got involved on your behalf and "leaned" on them, the solution you describe as now being offered to you is, in fact, EXACTLY the course of action that would be recommended by Profeco to "make you whole". In my opinion, you could not realistically hope to do any better than this under any imaginable circumstances. My advice, again based on the incomplete facts and picture presented, would be to accept the corrective measure now being offered to you without a moment of hesitation and be grateful that it is even voluntarily offered and available at all. And, needless to say, in the future stay far away from any and all developer sales personnel and their assorted empty promises. As has so very often been said of developer sales personnel, particularly in Mexico, "If their lips are moving, they are probably lying". ==================================================

Re: >> ... as I remember things, there were at least 3 or 4 other couples who fell prey to this activity - at least based upon the contracts the saleperson showed us when he delivered our "contract." I don't think they have pursued it or, at least, the Villa Group is not forthcoming with that information.<<

The resort has no obligation whatsoever to reveal to you or discuss with you in any way the transactions of others. You have no legal standing (here or in Mexico) in any transaction outside of your own. Moreover, the other contracts shown to you could have been completely bogus creations --- trolling bait fabricated to draw you in and help to "seal the deal". What those other couples (whether real or imaginary) chose to do wouldn't change my previous advice to you --- i.e., take the corrective measure now being offered and be grateful that it's even available to you at all. You couldn't do any better, in my opinion, based on the limited information presented.

Ken - Again, thank you for your observations. My main problem, with anything like this, is that when there is a principle involved - and/or others could be hurt - I want to right the wrong(s) (even of the world!!) But realistically, I'll put away my cape (caped crusader you know) and see what kind of resolution we can reach.

manonb4 states: >> Ken - Again, thank you for your observations. My main problem, with anything like this, is that when there is a principle involved - and/or others could be hurt - I want to right the wrong(s) (even of the world!!) But realistically, I'll put away my cape (caped crusader you know) and see what kind of resolution we can reach.<< ================================================

Your principles are admirable, but you are not going to "fix" or alter the practices of sleazy timeshare developer sales reps in Mexico. Taking advantage of visiting "gringos" is mere sport there and they are well aware that they have the full protection and benefit of NOT being subject to U.S. law or jurisdiction. Seeking "justice" in their corrupt legal system would not be a productive use of your time, energy or money either. Take the "back to pre-2006 transaction" deal and RUN! You'll never get a better resolution....

Ken - are you in any way aligned with the Villa Group? Just checking. Guess I'm learning more from this experience than anticipated!

manonb4 wrote:

Ken - are you in any way aligned with the Villa Group? Just checking. Guess I'm learning more from this experience than anticipated!

I assume that you are only joking and, accordingly, I take no personal offense at your question. To be absolutely and unequivocally clear, however, I am NOT affiliated in ANY way with ANY timeshare entity ANYWHERE, nor have I EVER been at ANY time (other than owning and using a few fixed winter weeks of timeshare myself in SW Florida for about 25 years now).

Although I have been a long-time advocate for timeshare "consumers", I am not (nor have I ever been) employed in or otherwise associated in any way with the timeshare industry. In point of fact (not that it really matters here at all), my work was primarily as a prosecutor; I have never been in private practice. The few fixed winter weeks I own in Florida were purchased out of my own pocket, both pre and post-retirement, mostly in the resale market. I am, in short, beholden to NO ONE.

My input to "take the deal" was based upon the belief that you are apparently being voluntarily offered the best possible "fix" you would likely ever get even with Profeco involvement (assuming, of course, that Profeco even chose to "go to bat" for you at all). I have no agenda, I'm just offering my honest personal opinion and input. You are free to accept or ignore that input, which was provided only in response to your REQUEST for input. I was diplomatically (and perhaps too subtly) trying to convey to you my opinion that if you had any notions of receiving "compensatory damages" in a Mexican timeshare transaction gone awry, that you are likely just dreaming. Mexico isn't the U.S. and as Dorothy once said, "We're definitely not in Kansas anymore, Toto..." Again, however, just my personal view and opinion.

Ken - yes I was joking and I did note and take to heart that your comments were comments and not legal opinion or advice. Nor was I implying there was anything untoward in your comments or position (or ownerships). My tongue in cheek comment was to show that I am trying to learn to not accept everthing at face value. I still struggle with the knowledge that not everyone is upfront and honest. I'm of the generation and family that your word and your handshake still mean something. I greatly appreciate your time and thoughts and yes, I would have pegged you for a prosecutor!!! You are clear sighted and direct. Refreshing and enjoyable! Again, many thanks!