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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."
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
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Quiero cancelar un contrato firmado el 24 de julio de 2013 aun estoy dentro de los 5 dias que marca la ley, pe pueden apoyar a como realizarlo. Quedo atento.
firmamos contrato que queireremos cancelar en azul ixtapa apenas fue ayer
Everyone always thought that once you enter a timeshare is difficult to leave, it's good to know that it is possible to cancel the contract.
is it too expensive? i want to cancel my contract
Cordial saludo!! En Diciembre de 2012 adquirí una afiliación con Latinoamerican Travel Incentive SAS en Colombia he tratado por todos los medios posibles rescindir esta pero no ha sido posible, el problema es que considero que me están estafando. Me podrían orientar acerca de que hacer?
Por favor me pueden decir de que forma puedo cancelar un contrato con Mentaltech si apenas firme el dia 14/Mayo? tengo que hacer una carta? o cual es el procedimiento para no dejar pasar mis 5 dias.
I wonder how hard it is to cancel a contract? I need your help and they recommended to you
es legal cancelar el contrato en menos de 5 días? yo trate de cancelar el mio y me dijeron que ya no podía, mi vecina compro un tiempo compartido en la misma donde yo y se el contrato a ella le dijeron que lo podía cancelar dentro de 5 días si ella quisiera. no lo cancelo se lo quedo le han quitado demasiado dinero y la verdad veo su situación y yo no quiero que me pase lo mismo que ella he dado mínimo 5 mil dolares ya. Y no quiero dar mas.. me urge cancelar mi contrato del tiempo compartido
Estimado Jorge, yo tambien incurri en el mismo error, creo q esta gente es una estafadora, que busca sacarle plata a las personas a como de lugar. he tratado de hacer la reserva para el supuesto premio de 2 noches gratis en cualquiera de sus hoteles y no contestan las lineas telefonicas.
cuentame como va lo tuyo. yo vivo en Bogota. dinel7 hotmail . com
hace poco adquirí una afiliación con latinoamerican travel incentive sas en colombia desafortunadamente no me percate de estos 5 dias pra retractarme al 6 dia hice llegar la carta pero ya no me la aceptaron, como hago para cancelar este contrato...
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