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Cancel a Timeshare Contract in Mexico: Unveiling the 5-day Cancellation Window

Cancel a  Timeshare Contract in Mexico: Unveiling the 5-day Cancellation Window
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Cancel my timeshare Within 5 days

Do I always have 5 days to cancel my timeshare contract? The answer is YES. Read to learn what tricks are used by timeshare sales reps to avoid getting clients to cancel their purchases.

According to Mexican Consumer Protection Laws, consumers have a right to Cancel a timeshare contract within 5 business days. Article 56 of the Federal Consumer Protection Law states:

"The contract will be perfected within five working days from the delivery of, or the signature of, the contract, whichever occurs later.

During this period, the consumer will have the right to revoke his consent without any responsibility. 

The revocation will have to be by means of warning or delivery of notice, in person, by registered mail, or another method of average reliability. 

The revocation, according to this article, will terminate the contract.

 In this case, the costs of shipping and insurance will be the responsibility of the consumer.

 If the contract is for services, this article will not be applicable if the date of receipt of the service is less than ten working days from the date of the order of purchase."

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A common practice used in the salesrooms is for the salesperson to offer a special deal, such as an extra week of time, a coupon for discounted airfare, or some other enticing proposal, if the client agrees to sign a waiver that negates their right to rescind the contract within the 5-day cancellation period.

The Waiver

In other cases, the waiver states that the client gives up their right to a refund of the down payment if they choose to cancel within the 5-day period because they are accepting the special offer.

In a flurry of paperwork, the client agrees and signs the waiver, which is presented as a separate form from the complete contract.

When the client receives their contract package from the resort, this waiver is absent from their package.

Upon doing research about their purchase, some clients choose to cancel their timeshare contract commitment within the 5 working days as outlined in writing in their contract.

When they go back to the sales office, the sales manager may tell them that they no longer have the right to cancel, as they signed a paper waiving this right.

The salesperson will show them the paper, but refuse to give the client a copy.

The reason why the client never receives a copy is because this sales practice is fraudulent and illegal.

PROFECO

According to Article 1 of the Federal Consumer Protection Law in Mexico, the right to cancel a timeshare legally within 5 working days cannot be waived.

If the client has already returned home when they decide to cancel, they often face the same scam.

The resort responds by saying that they have the signed waiver in hand and cancellation or cancellation with a refund is not possible.

When the client asks for a copy, the resort says that they will send it, but it never arrives.

Many clients also contact us because they have difficulty contacting the resorts to ensure that their cancellation request has been properly served.

They have sent their cancellation letter by email, fax or even registered mail, but have never received a response.

Some clients receive a response outlining that they will get a refund within 15 days, but the charge is never actually refunded back to the credit card, or they do not receive their refund check as promised.

The delay tactic from some resorts

Upon receiving the client’s demand for cancellation and refund, some of the resorts will refuse to reply to the client.

This is a delay tactic to try to frustrate the clients so that they feel helpless in resolving the problem and eventually give up.

This leaves the resort with a valid, signed contract, and money flowing into their accounts as clients fear problems with their credit score if they do not continue to pay.

Our goal at Mexican Timeshare Solutions is to make timeshare purchasers aware of their rights according to Mexican Consumer Protection Laws, to ensure that timeshare developers follow these laws, and to represent clients who are in disputes because the laws have not been followed correctly.

If you are thinking of canceling a contract, and are within the 5-day cancellation period, our firm can assist you to ensure that the process is completed properly and effectively, so that you do not lose your opportunity to cancel the contract and get a refund without lengthy negotiations and legal procedures.

After a 5-day period

If you are past the 5-day period because you were told that you waived your right, and therefore succumbed to the fact that you were not able to cancel the contract, you still have recourse.

It is a difficult process, but our team specializes in helping clients successfully cancel a timeshare contract, whether it is within the 5-day rescission period.

1 Source: www.profeco.gob.mx

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

Information to share

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Leave your comment below and share your opinion with us. To know more about timeshare scams go to: Timeshare Attorneys, When is timeshare to use their services?

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50 Comments
  • Gloria GarciaDecember 2, 2017, 11:44 am

    Me gustaría solicitar una asesoría y contratar sus servicios. Es muy urgente se realizó la compra el jueves 30 de Noviembre y según sus artículos hay que actuar MUY rápido para no perder vigencia.

  • Evelyn ColeNovember 17, 2017, 10:35 pm

    Necesito ayuda para cancelar con El Cid. Ya pasé los 5 días.

  • Miguel Ángel February 1, 2017, 9:39 pm

    No puedo pagar mas las mensualidades del CID, que puedo hacer para cancelar la membresia, son un fraude, ya deje de pagar las mensualidades pero debo de hacerlo legalmente para ya olvidar este trago amargo con el CID.

  • Luis Gavica.September 27, 2016, 11:41 am

    Thanks for share , but also people should know that resorts always will find the way to make you stay with them , to hook you in , offering free stuff or whatever, so please avoid timeshare presentations its only a trap , acquire a timeshare is not a good investment, actually my wife and i we are fighting against Fiesta Americana for the cancellation

  • juan jose brito amaSeptember 1, 2016, 7:14 pm

    buenas noches en el mes de mayo adquiri un tiempo compartido quisiera cancelarlo con el grupo fiesta americana queria saber si menpueden asesorar gracias

  • Novales Raul May 9, 2016, 10:44 am

    Hola , nose de que dependa para que esta condicion se cumpla , pero nosotros adquirimos una membresia con royal sunset , y durante la presentacion nos dijeron que podriamos cancelar cuando quisieramos, cosa que no fue asi , llevamos un año intentando cancelarlo puesto que nos arrepentimos y no nos dejan , se me hace una estafa que te digan algo y en realidad sea otra.

  • Isabel CañedoFebruary 5, 2016, 5:26 pm

    Actually me and my husband we are looking for the cancellation , our budget decrease a lot after an accident that we have , so we explained that to the resort but they doesnt beleieve us , what we can do if we cannot pay anymore ? help please

  • Roberto L.December 21, 2015, 11:31 am

    This is very helpful , also we need to do a deep research before purchase something , if you dont read carefully the contract, on a future things can turn to something worse..is very important to know our rights when we acquire our timeshare, stay sharp.

  • SuriOctober 5, 2015, 9:40 am

    Lo mejor que uno puede hacer es no acercarse l mundo de los tiempos compartidos, aunque si ya estas dentro y adquiriste uno , cancelarlo lo mas pronto posible es lo mejor..con esto te ahorraras muchisimos problemas, y sobre todo te ahorraras muchisimo dinero , lo digo por propia experiencia

  • EVER86July 26, 2015, 9:01 pm

    simplemente esa es la pregunta del millon , como cancelar ese contrato ? yo por ejemplo tuve una experiencia malisima con un resort en mexico , de verdad que estas personas estan protegidas hasta los cabellos , afortunadamente pude cancelarlo , pero perdi mucho dinero con ese resort, son un sin fin d problemas , pero para resumirlo en pocas palabras, jamas lo pude usar porque tenia que hacer un upgrade , una estafa total.

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