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PROFECO: Mexico's Consumer Protection Agency

PROFECO: Mexico's Consumer Protection Agency
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PROFECO Is an administrative branch of Mexico’s federal government whose purpose is to strengthen consumer rights. They have one department that is dedicated to assisting foreigners who have made bad purchases in Mexico or fallen victim to timeshare scams.

This department is named C.A.R.E., Departamento de Conciliación a Residentes en el Extranjero.

Many timeshare scam victims who have purchased timeshare contracts based on fraudulent promises are referred to resolve their disputes against the timeshare developer.

5 DAY CANCELLATION PERIOD

If the client is trying to cancel within the 5-day rescission period, the agency will give them a standard cancellation letter to sign, date and send by registered mail to the timeshare developer and to Profeco’s head office in Mexico City.

After that point, the client is instructed to wait for a minimum of 20 days before they can assist further with their timeshare fraud case.

The resort is supposed to refund the down payment within 15 days of receiving the cancellation letter, if the letter was sent within the 5-day rescission period; however, many resorts do not respond to the cancellation letter and try to delay the process as much as possible.

Although the agency makes every effort to help clients to get their full refund in situations of timeshare fraud as outlined by the consumer protection laws, unfortunately, the timeshare developers often use the fact that the client has gone to Profeco as a delay tactic.

THE TRICKS AND DELAY TACTICS

The timeshare developer then claims that because the agency is involved, the timeshare scam situation needs to be reviewed by their legal department, instead of just processing the refund through their sales department.

As such, a simple rescission of a fraudulent contract, can turn into a nightmare of waiting several months for the cancellation of the contract and a refund.

If the client does not get a resolution to their timeshare situation, the agency may require the case to be reviewed in several hearings, which the timeshare representatives often do not attend.

The fine that Profeco charges to the resort for not attending the hearings or for not resolving the problem, is very small in comparison to the money that they make from not returning the client’s hard-earned money.

The agency can help with the mediation process, but it has no power to enforce the resolution for a client who has been scammed.

Some clients have contacted us because they never received their refund, even though they cancelled within the 5-day period according to law, and they have followed all of Profeco’s procedures to rescind the timeshare they cancelled.

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There are other limitations to the service provided by the agency for timeshare scam victims.

The first is that the agency has a statute of limitations of one year.

Many timeshare purchasers do not realize they have been scammed until they try to book a vacation or rent their weeks.

It often takes timeshare owners more than a year to figure out that the promises that were offered were fraudulent, particularly if they purchased a biannual plan.

Other times, the resort will say that they will take back the first year of use to reduce the original purchase price.

This is another delay tactic, to ensure that the client has no recourse through the agency to fight against the timeshare developer because they do not try to use it until after one year.

In all of these cases, the agency is not able to assist the clients because of the one-year limitation.

The main limitation with the agency is that if you, as a client, decides to file a claim with them, all the information needs to be provided in writing.

Normally, none of the false promises used in the sales pitch for timeshare scams are outlined in writing.

The timeshare developers have large legal teams that regularly update their contracts to protect their staff.

They often include statements for clients to initial or sign, where they agree that they have not been offered any promises verbally.

These are intentionally put in the contracts, as the developers are aware that their salespeople make outrageous verbal promises of investment income to clients in order to increase their sales.

As most of the timeshare scams arise because of verbal lies and misrepresentations, the agency is not able to help clients resolve their matters, as only written documents and contracts are considered.

Despite the good efforts and willness of PROFECO, their ability to assist timeshare-defrauded customers is limited.

If you have been scammed by a timeshare resort, do not despair; contact Mexican Timeshare Solutions today for a free consultation on how we can use our experience and expertise to negotiate with the resorts from a position of Strength.

We can help to ensure that the timeshare company is held responsible for the lies and misrepresentations their salesperson used to sell your timeshare, and in doing so, we can cancel your timeshare contact and assist in getting you a refund of your hard-earned money.

To receive more information about how to cancel your timeshare, send a WhatsApp to +52 1 333 239 6589 fill out the contact form, or call us at +1 714 277 3662

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32 Comments
  • Joanne KissickApril 4, 2022, 3:43 pm

    I have a timeshare at Vidanta in Nuevo Vallarta. In the last 2 years I have been contacted repeatedly by “supposed” real estate brokers to sell or rent my property.
    I have not fallen victim to their scams!
    I’ve had calls from SECTUR regarding timeshare fraud but I’m not sure if they are legitimate either. Most recently, I’ve been contacted by a legal firm, Garcia & Aguilar Abogados in Mexico City saying my information shows up on a list that has possibly been sold to criminals within cartels.
    Is there any way to find out if this information is true? I have called the resort and of course they say that my info is private and has not been leaked. What should I do?

  • Alejandra MartínJune 26, 2021, 12:06 pm

    Los tiempos compartidos son un fraude, compras con la promesa que es como adquirir una propiedad que sube de valor con el tiempo, y realmente no es así, al contrario, baja de valor y no la puedes vender porque la penalización que pone la empresa es muy elevada. Además, con el tiempo cambian las reglas y aunque lo uses, si haces cuentas, nunca recuperas la inversión.

    Pero la culpa la tenemos nosotros por caer en este tipo de fraudes, pero es una pena que ninguna autoridad ponga remedio. Son corporaciones enormes, con todo el dinero para aplastar a quien les haga ruido.

  • Rogelio Eduardo Villarreal GonzalezJanuary 17, 2020, 4:24 pm

    Tengo un plan vacacional con Royal Holiday que compre en 2006 y ya pagado. lo he usado pero ahora estoy retirado (tengo 70) y ya no puedo pagar los mantenimientos que ahora son $17,000 pesos.
    Quiero salir de este contrato y dicen que no se puede. Me podran ayudar? Estoy en el DF

  • Alejandro Yaeggy December 26, 2019, 3:33 pm

    Es una verdadera desgracia que se permita que sigan funcionando los operadores de tiempo compartido. Son una red de depredadores cuyas prácticas están diseñadas para engañar. Nuestra compra ha sido la semana de hotel MÁS CARA DEL MUNDO.
    NO SE DEJEN EMBAUCAR por la gente del grupo Sunset y/o Hacienda Tres Ríos en Playa del Carmen, Q. Roo, México.

  • Nancy VazquezSeptember 5, 2019, 11:24 pm

    Mexico destination club, xcaret hotel.
    So we were taking a birthday trip to Cancun in which we sa saved forever!! Came across the hotel in which we were promised to get special prices for their parks just to attend an event we were told it was a sale event just to show us the hotel. Well we were promised so many things that are the complete opposite of the contract even when signing they repeat here is what is says of your "free nights" and there was never no such thing and once we tried to cancel we get a well you knew what youw were signing and we dont get our deposit back which is driving me nuts. I was thinking ok now I can travel with my daughter since being a single mom you try to find the best deals and sadly I was scammed. I havent been able to sleep I feel depressed over the whole issue and I'm please asking for a way to help me and obtain my deposit back. We did pay with credit card. I feel my stomach knotting up just thinking of this whole mess please help me!

  • Ayelen MedinaMarzo 20, 2018, 11:50 am

    Solicito la cancelación del conrato y de los pagos... El motivo es que es un fraude absoluto, te obligan a presenciar una charla de mas de cuatro horas de duración, donde te venden un "tiempo compartido" diciéndote que si no compras en ese momento perdes la posibilidad de la "super oferta" que te hacen.
    Al llegar a buenos aires comienzo a investigar y resulta que en toda la web figuran opiniones nefastas sobre la estafa que realiza esta empresa, pudiendo yo comprobarlo... Intente realizar reservas y siempre me dicen que no hay disponibilidad y a su vez los precios que figuran en la web de la empresa, no tienen nada que ver con lo prometido...
    Por otra parte, el monto que supuestamente debo pagar este mes, es mas del doble de lo acordado con Royal Vacations... Cabe aclarar que al momento de realizar el cobro, se llevaron mi tarjeta de crédito a un lugar donde yo no tenia posibilidad de ver lo que estaban haciendo, por mas de media hora...
    Ellos nos dijeron, al momento de comprar el tiempo compartido, que en caso de querer rescindir el contrato, lo podíamos hacer cuando quisiéramos... En el día de la fecha llamamos a sus oficinas de Buenos Aires y nos dicen que el plazo de cancelación de contrato ya paso...Me siento absolutamente estafada.
    Espero su pronta solución.
    Desde ya, muchas gracias!

  • Mohammed YusufFebruary 15, 2018, 1:11 pm

    I wrote my request for assistant , need to talk to someone, being scammed for almost US$100,000 in tax moneys, please call or contact me we will appreciate.

  • Claudia Orozco.February 12, 2017, 1:04 pm

    LLevamos 2 años mediando con profeco y el resort que nos estafo ( pueblo bonito) actualmente no podemos cancelar y profeco nos esta dando largas tambien, necesitamos ayuda profesional porque seguimos pagando y no usamos los servicios de la membresia, no queremos ya nada con pueblo bonito, no podemos seguir esperanzados a profeco, ayuda!

  • Diana GriffinJuly 8, 2016, 2:11 pm

    I attended a timeshare meeting at the Memories Grand Bahamas Resort last year and they gave me a gift certificate for a five night stay in exchange for my time. However when I tried to use the certificate I got the run around. First they told me that my certificate was not registered and that I needed to email them a copy of it. After I sent them the verification they said the person who is helping you is not available. Upon concern for the dates I wanted to use my certificate I complained. Then I was told by Steve one of their people that he would help me. He told me that the dates that I wanted are available and he could book it however I have to first agree to pay $970.00 dollars in advance for food and beverage for two people for five nights. When I questioned the cost of the food and beverage valued at more than the five nights stay at the resort he said that I could book the hotel without using the certificate. This would be an all inclusive package for $1286 for two persons for five nights. This is really the run around. The value of the certificate is $650.00 but the food and beverage that I have to buy is $970.00. I would like to file a complaint against the Memories Grand Bahamas for this scam. There has to be a law against what they are doing. Who pays that much for food on vacation? If anyone can help me file a complaint against Memories for this scam or help me put an end to them tricking people please send me an email.

  • JackieApril 29, 2016, 11:32 am

    There is a scam going on as I write this letter- Aarrow Brokers LLC from New York and NH Titles, New Hampshire- they offer to buy your timeshare for a large company- we had to pay for the tax in Mexico apparently- we have given money for three different reasons- they are now harassing us daily with phone call that are very abusive- "you were a failure all your life"" "grow up and look after your business" etc. I want to warn others of this- please do not fall victim to these thugs.

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