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Get to know whose side the Law is. Sometimes, law is in the hands of very well protected Timeshare corporations. Learn your rights as a consumer so you can defend yourself against timeshare resorts that sell fraudulently and get out of a timeshare legally
Jurisdiction
All timeshares purchased fall under the jurisdiction of the state or country you purchased them in. In the case of Mexican timeshares, purchasers from foreign countries such as the USA or Canada must be very careful, since American or Canadian law does not protect them.
Timeshares purchased in Mexico fall under Mexican jurisdiction.
There are various timeshare laws and regulations in Mexico to give order to the timeshare industry; however, they are not very effective at preventing scams.
There are also consumer protection laws in Mexico that assist timeshare purchasers to cancel their timeshare contract within a 5-day rescission period.
Unfortunately, these laws do not assist purchasers who have fallen victim to a timeshare scam and didn't become aware of the scam until after the 5-day cooling-off period had already passed.
Timeshares in Mexico must follow the regulations for timeshares governed by the Mexican Secretary of Tourism.
In order to operate, the timeshare organization must register with the National Registry of Tourism and comply with their requirements.
Unfortunately, these timeshare laws and regulations have not changed since 1989, and do not account for the constantly transforming timeshare scams that the timeshare organizations implement to increase sales.
The requirements stipulate that the timeshare resort must comply with financial and safety regulations; however, they do not provide any rules of conduct for employees of the resort or consequences for mistreatment of clients and fraudulent sales practices.
These timeshare laws may protect the physical safety of the timeshare employees and tourists while they are visiting the property, but do not enforce ethical business practices.
How to get out of a timeshare legally within five days
The Mexican Consumer Protection Agency, PROFECO, has a 5-day right of rescission timeshare law. This timeshare law was put in place to protect consumers who make quick purchases without having time to read the entire contract.
If you purchased a timeshare within the past 5 days, make sure that you read every clause of your timeshare contract very carefully.
Unfortunately, it is common in the Mexican timeshare industry for the salespeople to make false promises of rental or resale income in order to close a sale.
There will often be a clause contradicting this promise in the written contract.
If any promises that influenced your buying decision are not included in the contract, do not count them as legally binding, as the only things that can be valid according to timeshare laws are those written in the signed agreement.
If you find any discrepancies in your contract within the 5-day rescission period, act immediately! According to PROFECO, the consumer can cancel the timeshare agreement within a 5-day period without penalty.
Clients who try to cancel within the 5-day rescission period can also experience a myriad of problems. Many timeshare scam companies will have consumers sign a cancellation waiver alleging they are purchasing the timeshare at a special “one-day only” price.
The waiver normally states that the client agrees to purchase the timeshare, which is non-refundable.
If the client returns to rescind the contract, the timeshare salespeople show them the signed waiver and are typically very aggressive when they advise the client that they have given up their rights to cancel.
This practice is illegal according to Profeco’s timeshare law, as the right of rescission cannot be waived by the buyer, even if the buyer signs a document stating that they willingly give up this right.
The consumer always has 5 business days to cancel the timeshare contract, beginning from the day after the contract was signed or delivered to the client.
At Mexican Timeshare Solutions, we assist clients in canceling their contracts within the 5-day rescission period established by Mexican timeshare law.
We can ensure the timeshare contract will be cancelled properly, and the client will receive a refund without going through the emotional stress of dealing with the aggressive timeshare scam companies.
Cancelling after five days to get out of a timeshare legally
Many timeshare owners do not realize that they have been scammed within the 5-day rescission period.
Timeshare resorts often offer promises of rentals or resales within a 90 to 120-day period.
Typically, at the end of the 90-120 day period, the timeshare resort (or outside rental/resale agency) defaults on their promise.
Unfortunately, this is after the 5-day rescission period, and canceling the timeshare contract becomes much more difficult. The contracts are ambiguously worded to ensure that the resort’s and rental agency’s interests are protected.
There are no specific timeshare laws to protect consumers who have signed written contracts that do not include their verbal promises.
Without evidence, such as videos, or scribe notes, or the verbal promises, it is very difficult for victims of timeshare scam to successfully prosecute timeshare companies.
If you find yourself in this situation where the timeshare laws are not on your side, do not despair, as there are options.
Contact us at Mexican Timeshare Solutions, and our professional staff will negotiate a swift resolution to your problem and help you get out of your timeshare legally as fast as possible.
To receive more information about how to get out of timeshare legally, send a WhatsApp to +52 333 239 6589, fill out the contact form, or call us at +1 714 277 3662
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Hemos intentado ya en varias ocasiones cancelar de forma legal y en regla y parece que no quieren que lo hagamos, nos siguen dando largas y mientras pasa el tiempo seguimos pagando mes con mes la cuota mensual de mantenimiento, que es muy cara por cierto.
Saludos.quiero saber si puedo recuperar mi invercion con promotours del norestes.s.a dec.v. lo compre el 9 de octubre de2014 di un enganche de4.914.00 pesos y e pagado asta la fecha todas las mensualidades en estos momentos tengo 3 mensualidades vencidas y nunca e usado el dedarrollo ya no quiero seguir pagandolo. Como puedo recuperar mi dinero..
hola queria saber alguna pagina de mexico en donde esten contempladas las leyes de tiempo compartido. y las pueda leer bien, gracias
Good to know , but timeshare resorts are so protected, i tried many times to get out of my timeshare and i couldnt do anything to get out, at least i ask for some help to a lawyer and nothing happen too , so is not an easy task to get out , also many times the resort tried to convince me , of course i said NO, so just avoid timeshare people.
For many reasons i will never going to acquire a timeshare, some friends of mine had very bad experiences with all these stuff, a ex girlfriend buy something AT "MAYAN PALACE" she told me that for a reason she couldnt pay anymore , and she start the cancellation process, that occurred like 3 years ago , since today she still have problems with the cancellation .
Es muy importante saber que es lo que conlleva al adquirir un tiempo compartido , no solo es comprarlo y pensar que disfrutaremos de el , que teoricamente asi deberia de ser, las personas de estos resorts se hacen millonarias con todas los contratos de las personas que adquieren tiempo compartido, en mi experiencia un tiempo compartido es la peor inversion que pueden hacer
Never think to buy a timeshare, completely is the worst thing that you could ever do
Stay away for the words" opportunity of your life " that isnt true, please dont be naive , those people are professional on scam
Timeshares caused a huge fight with an ex-GF of mine. She wanted to buy and I did not -- it ended up demonstrating a difference in how we would approach money. We broke up several months later.
I dislike timeshares because: (1) they are expensive and represent bad value; (2) unless you live nearby and wish to go to the same place year after year, it is inflexible (trading weeks is not always available); (3) the world is a big place and regular hotels in many places are alot cheaper than $100/night; (4) priceline and hotel website give incredible deals that are available only if you book less than 30 years in advance. Finally, ask TS owners. Many are unhappy with their purchase and are desperate to unload the thing. Buy used if you must. But I prefer travelling abroad, where you get experiences timeshares can never deliver by using local hotels not some big timeshare chain that happens to have a unit in Turkey miles, and months, from where you really want to be.
Timeshares caused a huge fight with an ex-GF of mine. She wanted to buy and I did not -- it ended up demonstrating a difference in how we would approach money. We broke up several months later.
I dislike timeshares because: (1) they are expensive and represent bad value; (2) unless you live nearby and wish to go to the same place year after year, it is inflexible (trading weeks is not always available); (3) the world is a big place and regular hotels in many places are alot cheaper than $100/night; (4) priceline and hotel website give incredible deals that are available only if you book less than 30 years in advance. Finally, ask TS owners. Many are unhappy with their purchase and are desperate to unload the thing. Buy used if you must. But I prefer travelling abroad, where you get experiences timeshares can never deliver by using local hotels not some big timeshare chain that happens to have a unit in Turkey miles, and months, from where you really want to be.
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